“Making Nebraskans move on from their past mistakes, and being fully able find good jobs, is one of our most effective tools to reduce recidivism. It is also critical for the public safety goals we share.”
By Paul Hammel, Nebraska Examiner
Three state senators renewed Tuesday their call for the State Board of Pardons (SBP) to adopt a streamlined process to forgive minor marijuana convictions without violence.
In a letter, State Sens. Danielle Conrad, of Lincoln, Terrell McKinney, and Justin Wayne, all of Omaha, stated that minor drug offenders should be given a second chance by removing obstacles to better jobs and education, as well as professional licenses.
The letter stated that “Making Nebraskans move on from their past mistakes and be fully able find good jobs, is one of most effective anti-recidivism measures and is crucial for our shared goals in public safety,” which followed a similar request made in June.
In response to the Examiner’s questions on Tuesday, Gov. Jim Pillen, Attorney General Mike Hilgers and Secretary of State Bob Evnen all said they were against any process that would grant a “blanket pardon” for dozens of individuals at once.
The President issues a federal pardon
This is an apparent reference to the action taken by President Joe Biden 11 months ago when he released a presidential declaration pardoning all federal convictions relating to simple marijuana possession offences.
Biden asked then-Gov. Pete Ricketts, then Attorney General Doug Peterson and other Republicans called it the “wrong way.”
A Pillen spokeswoman said on Tuesday that the governor is against blanket pardons of any kind, including drug offenses.
Laura Strimple, a spokeswoman, said that “each case is evaluated on its merits and includes weighing the individual circumstances including whether or not the person has shown a record law-abiding behavior” before a pardon can be granted.
Hilgers and Evnen made similar remarks.
Response not responsive
Conrad later said that she appreciated clarifications from the Pardons Board’s three Republicans. She said that the request of the three senators, all Democrats, was not for a blanket forgiveness, but rather for the creation of a simple, clear process for obtaining a pardon for an old misdemeanor marijuana conviction.
Conrad stated, “I am looking forward to finding out more about their plans to create and publicize an effective process that will allow Nebraskans who have been convicted of simple possession in the past to start over.”
She added that this would be in line with the stated interest of the Governor and Attorney General to address the “smart reform” and state’s shortage of workforce.
Perhaps 29,000 convicted
It could affect a large number of people. According to statistics provided by state courts, more than 29,000 people have been convicted for marijuana-related offenses in the last 12 years.
The statistics did not delineate how many of those offenses were misdemeanors–possession of less than a pound–but Conrad said that its clear that tens of thousands Nebraskans have such minor marijuana offenses on their records.
The senator stated that she has heard Pillen “talk with passion” about giving criminal offenders a second chance. She said that the Board of Pardons can do something by adopting a simple pardon process that does not require an attorney.
“Step up and Do More”
Conrad stated that “we should be able at least to start a discussion about people who have made mistakes in the past.” We need the Pardons Board to do more.
The Pardons Board is preparing to meet at the State Capitol on Wednesday.
The board will be considering 27 requests to commutate (lower a sentence) and pardon (officially forgive) past criminal convictions. These pleas are usually from people seeking a higher paying job, a scholarship for college or wanting to go hunting with their child or relative.
In a recent report sent to three senators by the Legislative Research Office (LRO), it was noted that at least 26 States have some form of “marijuana records-clearing law”.
Gov. In Colorado, a state where marijuana is legal for recreational use, Gov. Jared Polis, a Democrat, has granted a pardon to anyone who is convicted for possession of less than two ounces of marijuana in 2021.
As do at least eleven other states including Minnesota and Oklahoma. Colorado’s law from 2022 allows minor convictions and arrests to be automatically sealed if the person has lived a life free of crime for a certain amount of time, such as four years for a small offense.
It is important to remove any black marks from a resume that may prevent someone from getting hired.
The letter does not ask for a “clean slate” law. Instead, it urges the Pardons Board “to proactively grant pardons for minor marijuana offences as an act of grace and goodwill towards former offenders that have changed their ways.”
Conrad stated that the Pardons Board’s three constitutional officers have the authority to grant pardons without the need of a legislative act. A study on the pardoning of drug crimes is currently underway. Such studies are usually a precursor to legislation.
Hilgers, Attorney General, said in his response on Tuesday that a blanket forgiveness would include people who didn’t request one, and ignore other possible crimes or other parts of the record.
He said that it would “be inconsistent with the Pardons Board’s] responsibility”.
This story was originally published by The Nebraska Examiner.
‘God Almighty’, No One Should be In Prison For Marijuana Possession – Biden At Congressional Black Caucus
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