Louisiana governor says he can't issue blanket marijuana pardons like Biden

Louisiana Gov. John Bel Edwards said Friday he supports President Biden's decision to pardon federal convictions for simple possession of marijuana and would consider doing the same if he had the authority.

Biden, a Democrat, announced Thursday he would pardon about 6,500 people and encouraged governors to do the same for state cannabis convictions.

"I think he's right to do it," said Edwards, the only Democratic governor in the Deep South, when asked about it by a reporter during an economic development event in Avondale.

But under the Louisiana Constitution, Edwards can't issue universal pardons. Pardon requests in Louisiana must first go to the state Pardon Board, which can schedule hearings and issue recommendations before then going to Edwards for a final decision.

"So what we have to do is look forward and see whether a change in legislation may be able to help, whether it’s going to require some thing to the Constitution," Edwards said. "But it’s not something I have the authority to do in Louisiana at present and so we’re going to be looking at it going forward and working with members of the Legislature to take their temperature and see if there’s an appetite for moving in this direction."

Though the White House said there are no people in federal prisons for simple marijuana possession, the convictions can be a barrier to employment and housing, Biden said.

Edwards agreed.

"Someone who has been convicted of a simple possession of marijuana that would now be legal in many states, decriminalized in others, that conviction should not prevent you from having access to employment, to housing, to education and so forth," Edwards said. "And we know that those convictions can have that result."

Louisiana has already decriminalized the use of small amounts of marijuana through a 2021 bill from Democratic Shreveport state Rep. Cedric Glover in 2021 that Edwards signed into law.

Glover's bill made possession of 14 grams or less - about half an ounce - a misdemeanor in all cases with a maximum fine of $100 and no jail time.

Louisiana also continued to expand its medical marijuana program with a flurry of new laws this year.

Here's a rundown of Louisiana's new marijuana laws enacted this summer:

▶ Act 473 (House Bill 629) by Rep. Marcus Bryant, D–New Iberia, bars law enforcement from using marijuana odor as a pretext for searching someone’s home without a warrant.

▶ Act 651 (House Bill 988) by Rep. Mandie Landry, D-New Orleans, prevents state workers from being discriminated against based solely on a positive drug test for marijuana if they are state-registered medical marijuana patients.

▶ Act 499 (House Bill 775) by Rep. Cedric Glover, D-Shreveport, legalizes equipment or devices used for the inhalation of marijuana for state-registered medical marijuana patients.

▶ Act 438 (House bill 135) by Marino authorizes the dispensing of medical marijuana to visiting patients who are currently in another state's medical marijuana program.

▶ Act 439 (House Bill 137) by Marino provides immunity from criminal prosecution to qualifying out-of-state medical cannabis patients.

▶ Act 444 (House Bill 190) by Rep. Travis Johnson, D-Vidalia, adds nurse practitioners to those medical professionals who can recommend medical cannabis use.

▶ Act 478 (House Bill 234) by Rep. Laurie Schlegel, R-Metairie, makes it illegal for a driver or passengers in a motor vehicle to smoke or vape any form of marijuana. Violators are subject to a $100 fine, but police may only “enforce the provisions of this section as a secondary action when the law enforcement officer detains a driver for another violation.”

▶ Act 491 (House Bill 697) by Republican Speaker Pro Tem Tanner Magee of Houma keeps the current number of medical marijuana pharmacists, but allows them to open satellite dispensaries within their regions when their patient count hits certain thresholds.

Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1. 

This article originally appeared on Lafayette Daily Advertiser: Edwards agrees with Biden marijuana pardons, but can't issue in Louisiana