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In Utah, some surprising reactions to Biden's marijuana announcement

Posted at 6:35 PM, Oct 06, 2022
and last updated 2022-10-06 23:16:26-04

SALT LAKE CITY — Weldon Angelos is thrilled to see President Biden's announcement on marijuana.

"It's very encouraging," he said in an interview with FOX 13 News.

The Utah-based rap producer was sentenced to 55 years in federal prison after being arrested for selling a pound of marijuana to an undercover police informant. A firearm was with him. His sentence was commuted in 2016 by President Obama after he served 13 years behind bars, and Angelos was pardoned by President Trump in 2020. Since then, Angelos has been an outspoken advocate for cannabis reform. He testified before Congress and visited the White House in April.

"We got to sit down with Biden’s team and discuss options. We encouraged them to do this and do more. They looked us in the eye and said 'We're going to keep our promises,'" he said.

While Angelos believes there is more the president can do, he said this announcement will immediately impact tens of thousands of people.

"Anytime someone does a job application, or tries to get an apartment, that’s going to keep coming up," he said. "Even if it’s just use. Cannabis use, they got arrested and they went federal. It’s on their record forever. They have a chance to live a normal life."

President Biden is pardoning simple marijuana offenders in the federal system. He is calling on governors in states to do the same. The president is also pushing to remove cannabis as a Schedule I substance (on par with more hardcore drugs like heroin).

Utah legalized medical cannabis in 2018 when voters passed Proposition 2. Since then, the legislature has replaced it with a state-controlled system. Medical cannabis patient advocates were pleased with President Biden's action.

"Today is monumental for the US and life changing for thousands of Americans, who until now were criminalized for the possession of cannabis, even if it was medically necessary for them. In Utah, we have also seen patients treated as criminals because they ran out of legal options and made the hard decision to treat their condition or obey the law," said Desiree Hennessy, the executive director of the Utah Patients Coalition.

"Utah Patients Coalition will be asking the lawmakers in Utah to join in and pardon in state simple cannabis charges, so patients will not have to continually be seen as criminals. We have a much better understanding about the medical potential cannabis has, it’s not just a recreational drug and it’s time our laws and penalties reflected that."

Christine Stenquist, the founder of Together for Responsible Use and Cannabis Education (TRUCE) said it was a good first step.

"We are encouraged by President Biden's actions today and hope Governor Cox will follow his example. As one of the states with a legal, medical cannabis program, we have acknowledged the medicinal qualities of this botanical," she said. "While this is an excellent first step, rarely are arrests just cannabis. It's common to stack the charges, which means Biden's pardons will be a small number in the grand scheme of things. The United States has the highest incarceration rate in the world, with nearly 2.1 million people in jail. Almost half of those are drug-related offenses. According to the Bureau of Justice, 99% of those are charged with possession are also charged with trafficking."

"We still have a considerable population stuck behind bars. We need decriminalization on the federal level and banking protections for the industry."

In Utah, Governor Spencer Cox does not have the power to pardon anyone. That rests with the Utah Board of Pardons and Parole. But in a statement to FOX 13 News, Gov. Cox expressed his displeasure with the president's actions.

"I disagree with the president’s entire approach," the governor said. "Whether it’s transferring student loan debts to millions of other taxpayers or ignoring federal law enforcement laws, the president continues to disregard the checks and balances in our system. If you want to see a change in our laws, do the hard work that it takes to enact that change with Congress. But taking an executive action like this only weeks before an election is nothing more than a desperate attempt to win votes."

But not everyone disagreed with the president. Senate Majority Leader Evan Vickers, R-Cedar City, who runs medical cannabis legislation on Utah's Capitol Hill, told FOX 13 News he agreed with the president on one aspect.

"I support the White House’s direction to ask Health and Human Services and the Justice Department to review the classification of cannabis," he said. "I think it would be a positive step to move cannabis from a Schedule I to a Schedule II substance, opening up more traditional avenues for medical research regarding the effects of cannabis."

Angelos said Utah has made progress on cannabis.

"We have medical cannabis here. Utah’s already lowered the severity of some of the penalties for cannabis. We need to do more," he said.

The Utah Board of Pardons and Parole said it would be "improper" to comment on potential federal action related to federal crimes on marijuana use, but people seeking a state pardon need to ask for it.

"...absent extraordinary circumstances, a pardon application may not be accepted or considered by the Board until a minimum of five years have passed since a sentence has expired or terminated," it said in a statement to FOX 13 News. "In conclusion, the Board encourages those who wish to seek a pardon to follow the process outlined in the Board's rules and in the Utah Code. Without a request from an individual offender, the Board cannot grant a pardon."

At a debate Thursday night at Brigham Young University, the candidates for Utah's 3rd Congressional District weighed in. Incumbent Congressman John Curtis said marijuana should be removed as a Schedule I substance — but insisted that should happen in Congress.

"We need to reschedule it. We need to make those decisions in Congress," he said, adding: "Not with an end-run by the president."

His Democratic challenger, Summit County Council member Glenn Wright called the president's actions an "excellent idea."

"I think marijuana use amongst adults is a victimless crime," he said.