President Joe Biden has pardoned thousands of Americans convicted of simple marijuana possession in federal court, and now there are questions about whether state leaders will follow suit.

Louisiana Gov. John Bel Edwards told reporters Friday he supported the president’s move, given the impact the convictions can have on someone’s ability to obtain employment or housing. But the governor added that he doesn’t have the authority to issue pardons on his own.

“If someone wants a pardon in Louisiana… they have to apply to the pardon board for the clemency,” Edwards said. “They have to be granted a hearing, they have to have the hearing, after an opportunity for public notice and input and so forth. Then they have to be recommended (for a pardon), and that’s the only time it comes to me.”

There are currently seven people incarcerated in Louisiana state prisons on simple marijuana possession charges, according to the Department of Public Safety and Corrections.

Louisiana is among the states that have decriminalized marijuana to some extent, resulting in no jail time for someone caught with less than 14 grams. New Orleans and Shreveport now issue misdemeanor summons for simple possession, as opposed to arresting suspects and bringing them to jail.

Recreational pot revisited

Along with issuing pardons Thursday, Biden directed the Drug Enforcement Agency to examine its Schedule I drug classification of marijuana. The designation is given to drugs with no accepted medical use and a high potential for abuse.

It was a primary reason why some state lawmakers said they could not support a bill last year that would have legalized recreational marijuana in Louisiana. Its sponsor, Rep. Richard Nelson, R-Mandeville, also offered a companion tax bill, but sheriffs and district attorneys, along with the state Republican Party, put pressure on legislators to kill the proposal.

In an interview with the Illuminator Friday, Nelson said an evaluation of the DEA’s drug schedule is long overdue. “It’s kind of ridiculous when you see that fentanyl and methamphetamines aren’t Schedule I drugs,” he said.

Louisiana is among the 37 states that have legalized medical marijuana. Another 19 states and Washington, D.C., allow recreational marijuana use, and more states and cities have upcoming ballot measures on cannabis.

Nelson said the president’s timing for his actions on marijuana is notable given that congressional midterm elections are a month away.

“He knows this is an overwhelming wedge issue,” Nelson said. “…It should be a bipartisan issue.”

If the DEA opts to reclassify or remove marijuana from its schedule of dangerous drugs, Nelson said he might consider taking another shot at a legalization bill. The bigger obstacle, he said, is the likely opposition among conservative lawmakers. Some told him they would only back a proposal that put the question before voters.

That would require a constitutional amendment, which would require two-thirds of lawmakers in each chamber to approve rather than a simple majority.