Biden pardons thousands with marijuana convictions. Will Texas follow suit?

President Joe Biden on Thursday said he would pardon anyone previously charged with simple possession of marijuana, likely thousands with federal convictions, and urged governors to do the same for state offenses — putting Gov. Greg Abbott on the spot just weeks before a hotly contested gubernatorial race in which his Democratic challenger, Beto O'Rourke, has campaigned on legalizing weed. The president also said his administration would review how marijuana is scheduled under federal law, which currently classifies the drug as among the most dangerous substances. Rescheduling the substance is about as far as Biden could go toward legalizing the drug through executive action. "Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit," Biden said.

His administration estimated the pardons would clear charges for thousands of people, but officials said the vast majority of convictions are state convictions. "Just as no one should be in a federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either," Biden said. O'Rourke immediately picked up on the announcement, tweeting: "When I’m governor, we will finally legalize marijuana in Texas and expunge the records of those arrested for marijuana possession." O'Rourke has made legalization a key part of his campaign, arguing in a debate with Abbott last week that such a move could create a revenue stream for the state. A spokeswoman for Abbott made clear the governor will not go along. "Texas is not in the habit of taking criminal justice advice from the leader of the defund police party and someone who has overseen a criminal justice system run amok with cashless bail and a revolving door for violent criminals," Renae Eze said. "The governor of Texas can only pardon individuals who have been through the Texas Board of Pardons and Paroles system with a recommendation for pardon."