North Carolina Gov. Pushes For Marijuana Decriminalization

The legalization of recreational marijuana in the U.S. started in 2012, when voters in Colorado legalized its use and sale. Marijuana is currently legal in 19 states, Washington, D.C., and Guam despite remaining illegal at the federal level. Current N.C.law lists possession of more than 0.5 ounces as punishable by up to $1,000 in fines.

North Carolina Gov. Roy Cooper (D.)established a task force following the George Floyd riots in 2020 that recommended that state legislators replace the misdemeanor with a civil offense “akin to a traffic infraction,” but the Republican-led legislature ignored the recommendation a the time.

Now, on the heels of President Biden’s pardon on Thursday of Americans convicted for the same offense under federal law, Gov. Cooper and Attorney General Josh Stein are urging the state’s legislature to decriminalize the possession of small amounts of marijuana.

During the President’s speech on Thursday, Biden urged states to issue similar pardons at the state level, and though each state has its own pardoning process, in North Carolina the state Constitution gives the Governor near-absolute pardoning power. Biden’s pardon did not extend to Americans convicted of possessing marijuana with intent to distribute.

At a task force meeting on racial equity and criminal justice on Friday, Cooper addressed the detrimental long-term effects convictions can have, acknowledging that drug charging practices need to change.

"Conviction of simple possession can mar people's records for life and maybe even prevent them from getting a job,” said Cooper. "The General Assembly didn't pass your recommendations on this last session, but I believe they should. North Carolina should take steps to end this stigma."

The Task Force for Racial Equity in Criminal Justice (TREC) is spearheaded by Attorney General Josh Stein and N.C. Supreme Court Associate Justice Anita Earls and consists of twenty-four members from a wide range of backgrounds, including law enforcement.

“People should not have a federal criminal record for something that is legal in an increasing number of states,” Stein said Thursday. “Let’s act, and let’s get it right. That means decriminalizing adult use, expunging past convictions for simple possession, and including strong protections for kids, no advertising, state-controlled sales, and putting N.C. farmers first.”

A bill that would have legalized marijuana for medical use was passed in the state Senate earlier this year, but it floundered in the House, where some lawmakers were leery of any form of legalization, warning that the bill was unclear about whether the health benefits outweighed potential health risks.

Governor Cooper is term-limited, and cannot seek re-election in 2024.