A resolution sponsored by Commissioner Kionne L. McGhee urging the Florida governor to pardon individuals convicted of simple possession of marijuana under Florida law passed at the Board of County Commissioners meeting on Tuesday, Nov. 1.
On October 6, 2022, President Joe Biden issued a proclamation granting a pardon of all prior federal offenses of simple marijuana possession. He directed the U.S. attorney general to develop an administrative process for the issuance of certificates of pardon to eligible individuals. President Biden also released a statement urging all governors to grant similar pardons with regard to state offenses for simple possession of marijuana.
“Simple possession of marijuana has impacted many individuals. It has imposed needless barriers for these individuals when it comes to obtaining jobs, housing, and educational opportunities. It also impacts the families of these individuals and impedes their ability to provide basic necessities for their families. I urge Governor Ron DeSantis to use his executive clemency power to pardon these individuals, so they can right past wrongs and move forward with their lives,” said Commissioner McGhee.
According to the Florida constitution, executive clemency is the constitutionally authorized process by which the governor may, with the approval of two members of the Cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.
Marijuana is only legal in the state of Florida when a person has obtained a Medical Marijuana Use Authorization, as outlined in Chapter 381 of Florida Statutes. This law includes regulations for a user registry, caregiver possession, and treatment centers for purchasing consumable marijuana.
Under Florida law, it’s illegal to consume marijuana for recreational purposes. This includes the consumption of marijuana that was obtained legally through someone with a medical marijuana card and then transferred to someone else.
