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After President Joe Biden on Oct. 6 announced his decision to pardon every person who was convicted of possessing marijuana on a federal level or in the District of Columbia, some lawmakers are applauding the move while some experts are more skeptical.
“There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden,” Biden said in a statement about the pardon.
The Biden administration said there are over 6,500 people with federal convictions from 1992 to 2021 and thousands of others with convictions under D.C. law.
Possession of marijuana is a misdemeanor that can land a person up to one year in jail on the first offense, two years in jail on the second offense, and three years in jail for each subsequent offense. No people, however, are currently in federal prison solely for possession of marijuana, a Biden administration official told reporters on a call.
Under federal law, marijuana is classified as a Schedule I drug. Schedule I is the highest classification, reserved for drugs that have “a high potential for abuse” and for which there is no accepted medical use, according to the Controlled Substance Act.
But a growing number of states have decriminalized marijuana possession and other marijuana-related offenses in recent years, and federal officials rarely bring federal charges against people who are violating federal law.
“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.
Anthony Coley, a Department of Justice spokesman, said the agency will “expeditiously administer the President’s proclamation” and start implementing a process that will provide the relevant people with certificates of pardon.
Biden’s proclamation makes clear that the pardons do not apply to any other offense, and do not apply to non-citizens who weren’t legally present in the United States at the time they possessed marijuana.
Along with his pardon of federal-level offenses, Biden is urging governors across the country to pardon state-level marijuana possession charges.
Biden expanded on the decision in a Twitter thread.
“As I’ve said before, no one should be in jail just for using or possessing marijuana,” Biden wrote. “Today, I’m taking steps to end our failed approach.”
He continued: “First: I’m pardoning all prior federal offenses of simple marijuana possession. There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden.
“Second: I’m calling on governors to pardon simple state marijuana possession offenses. Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either.
“Third: We classify marijuana at the same level as heroin – and more serious than fentanyl. It makes no sense. I’m asking
[Department of Health and Human Services Secretary Xavier Becerra] and the Attorney General to initiate the process of reviewing how marijuana is scheduled under federal law.
“I’d also like to note that as federal and state regulations change, we still need important limitations on trafficking, marketing, and underage sales of marijuana.”
Biden concluded the thread: “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.”Democrats Applaud the Move
Democrats were quick to applaud the president’s action.
“I applaud the president for yesterday’s executive action on marijuana,” Sen. Bernie Sanders (I-Vt.), the Senate’s foremost progressive, said on Twitter. “But we’ve got a long way to go. I happen to believe that marijuana should be legal all over this country.”
Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) echoed the sentiment.
“[President Biden’s] announcement of exoneration for simple marijuana possession makes sense in a nation where dozens of states have already legalized it,” Durbin wrote on Twitter.
