Biden's marijuana pardon highlighted in Falls City probation case

FALLS CITY – A Richardson County defense attorney argued Tuesday that President Joe Biden’s pardon of marijuana possession offenses is yet another sign of the decriminalization of marijuana and said users should not be disqualified from probation.

Attorney Steven Mercure said Tuesday’s sentencing of 26-year-old Eric Abney of Cedar Bluffs was his first time in court since the President pardoned thousands convicted of marijuana possession under federal law and encouraged state governors to do the same for their states.

Mercure: "Biden said the criminalization of marijuana does not fit the norms of society and I think that's true. (My client's) use of marijuana should not disqualify him from consideration for probation."

Abney entered a plea to possession of Xanax, not marijuana, but Deputy Richardson County Attorney Samantha Scheitel told the court he should not receive a probation sentence because he does not intend to stop using marijuana. She referenced a statement that Abney could move to another state where marijuana is legal.

Scheitel said President Biden’s pardon on the federal level is not relevant at the state level in Nebraska, where marijuana possession is illegal.

Nebraska law establishes a presumption of probation for possession cases, unless a judge finds there is a danger to the public or the person can not likely comply with terms of probation.

Scheitel said probationers are usually told not to use illegal drugs, so she does not know how a person can be successful on probation if they continue to use.

Abney apologized to the court and said he used marijuana and other drugs as he was "self-medicating."

Judge Julie Smith said she agrees with Scheitel, but said there was not enough to overcome the presumption of probation. She said she believes Abney can benefit from services provided by probation.

She also warned Abney not to move to another state without having his 18-month probation term transferred there.