Biden to pardon simple federal marijuana possession convictions
President Biden said on Thursday that he will pardon those convicted of simple marijuana possession under federal law and D.C. statute.
The pardons will be granted through an administration process devised by the Justice Department, senior administration officials said during a press conference. They will apply to citizens and lawful permanent residents.
“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 in a statement.
Sending people to jail for possessing marijuana has upended too many lives – for conduct that is legal in many states. That’s before you address the clear racial disparities around prosecution and conviction. Today, we begin to right these wrongs.
— President Biden (@POTUS) October 6, 2022
Between 1992 and 2021, more than 6,500 persons were convicted of simple possession under federal law, and thousands more under D.C. legislation, according to officials. During his campaign, Biden promised to take action.
However, because most convictions occur at the state level, it is up to each governor to grant pardons.
The injunction comes as legalization propositions are on the November ballots in five states: Arkansas, Maryland, Missouri, North Dakota, and South Dakota. Marijuana is permitted in 19 states for recreational use, while it is legal in 38 states for medical use.
Along with the executive order, Biden is pushing all governors to take similar measures in their respective states.
Biden is also requesting that the Departments of Health and Human Services and Justice investigate whether marijuana should still be classified as a Schedule 1 substance under the Controlled Substances Act. According to Biden, the designation is intended for the most harmful chemicals.
According to Justice Department spokesperson Anthony Coley, the DOJ will begin developing the mechanism for giving pardons in the coming days and will collaborate with HHS on the review of drug scheduling.
“This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic,” Biden said in a statement.
The president, however, noted that “even as federal and state regulation of marijuana changes, important limitations on trafficking, marketing, and underage sales should stay in place.”
The moves do not legalize the use of marijuana.
Some marijuana advocacy groups have applauded the move. But they want the president to go further.
“We, however, hope that the Biden Administration will go further and fully reschedule marijuana from the Controlled Substances Act, rather than initiate a process that could lead to rescheduling,” said Kassandra Frederique, executive director of the Drug Policy Alliance in a statement. “Keeping marijuana on the federal drug schedule will mean people will continue to face criminal charges for marijuana.”
Some GOP members, like Sen. Tom Cotton, opposed the move, calling it a blanket pardon and a “desperate attempt” at distraction.
Many Democrats have long pushed Biden to fulfill his campaign promise. In a letter sent nearly a year ago, Sens. Elizabeth Warren, Ed Markey, and Jeff Merkley wrote to Biden urging him to issue a blanket pardon for all nonviolent federal cannabis offenses.
