President Biden's marijuana pardons have little to no impact on the Tri-State

CINCINNATI — President Joe Biden is pardoning all prior federal offenses of simple possession of marijuana, but that may not mean much here in the Tri-State.

In an announcement Thursday, Biden said, "no one should be in jail just for using or possessing marijuana."

While no one is currently in federal prison solely for "simple possession" of the drug, the pardon could help thousands overcome obstacles from past offenses for renting a home or even finding a job from, according to the White House.

Marijuana is still technically illegal in the eyes of the federal government. Although the Biden Administration says it is working to change that, it is classified as a Schedule I drug, alongside heroin and LSD. A federal charge will typically happen if the offense was on federal property, was a large-scale distribution or cultivation, an offense that crosses state lines, or when it is connected to a more serious crime.

But the federal government most often does not prosecute marijuana offenses; state and local governments do. As a result, there are likely not very many people to pardon if they had been arrested for possession or use of marijuana in Ohio, Kentucky or Indiana.

States have their own laws regarding marijuana. There are 37 states that currently allow cannabis as a medical treatment for conditions such as chronic pain, post-traumatic stress and even cancer; Ohio is one of them, but Indiana and Kentucky are not. Recreational use is legal in 19 states (none of which are in the Tri-State).

While those state laws are most often the ones prosecuting marijuana offenses, federal laws do still trump the state law if there is ever a conflict.

But there is some nuance to the pardon in each state and how it might apply:

TRI-STATE BREAKDOWN

Ohio
Medical marijuana is legal and possession for recreational use isn't always a criminal offense. According to state law, if you are caught in possession of fewer than 100 grams it is considered a minor misdemeanor and you can face a $150 fine.

Our partners at the Journal News reported that Dan Tierney, press secretary for Ohio Gov. Mike DeWine, said that President Biden's pardon doesn’t really apply in Ohio, where state law prohibits blanket pardons. Instead, people have to apply for a pardon individually.

He also said that Ohio law doesn’t allow jail sentences for possession of less than 100 grams of marijuana, and jail time isn’t required for less than 20 kg of marijuana.

Many cities have decriminalized marijuana usage, including Cincinnati and Norwood, Ohio.

Cincinnati City Council voted in 2019 to decriminalize the possession of up to 100 grams of marijuana.

The ordinance allows people within the City of Cincinnati to freely possess 100 grams. Anyone found with 100 grams or less on their person will not be fined and will not be charged with a crime.

Kentucky
Earlier this year, Gov. Beshear announced steps his administration would take toward legalizing medical cannabis in Kentucky but as of now, all marijuana use is illegal. According to Marijuana and The Law, possession of less than 8 ounces of cannabis for personal use is a misdemeanor in Kentucky, punishable by up to 45 days in jail and $250 in fines. Possession of larger amounts, even for personal use, is treated as felony sale or trafficking.

Indiana
Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1-year imprisonment and a fine of not more than $5,000.

The timing of the pardon announcement, which comes a month before mid-term elections, was chastised by Ohio Attorney General David Yost, who tweeted it was the most "cynical abuse of the pardon power in history."