Biden pardons simple marijuana possession
Everyone convicted of simple marijuana possession at the federal level will be pardoned.
November 9, 2022
President Joe Biden announced on Oct. 6 that all Americans charged with simple marijuana possession from the federal government will be pardoned.
Although Biden campaigned on decriminalizing marijuana, the announcement still came as a surprise to supporters who noticed his administration’s silence on drug reform up until this point. His sudden move towards marijuana reform could be a strategic attempt to gain democratic support ahead of the 2022 midterm elections.
Biden also expressed his hope for the announcement to set a new precedent across the nation for cannabis arrests. The federal pardon only affects around 6,500 people – but the impact of the announcement will likely affect millions more if state governments begin to follow suit.
Biden also acknowledged the socioeconomic groups affected by his decision, citing the “clear racial disparities around prosecution and conviction” in a message he posted to Twitter. He added that his administration’s decision will “begin to right these wrongs.” Biden is likely referring to the staggering racial bias towards cannabis arrests: a study by the American Civil Liberties Union recently found that black people are 3.73 times more likely to be arrested than white people for marijuana possession.
The Justice Department addressed Biden’s decision and stated that it “will expeditiously administer the President’s proclamation” and issue pardons immediately. They also announced their plan to work with the Department of Health and Human Services to review how marijuana is treated under federal law as a whole.
Across the nation, around 8.2 million people have been arrested for marijuana possession – however most of the time, they’re charged with conspiracy, a situation where multiple people conspired in hiding and transporting marijuana. In total, only 92 people have been sentenced to simple marijuana possession federally.
Although Biden expressed his desire to urge state governors into marijuana reform, several states took steps toward pardons before Biden made his announcement. Colorado governor Jared Polis and California governor Gavin Newsom issued pardons for low-level marijuana crimes. Illinois governor J.B. Pritzker took especially radical steps, expunging nearly 500,000 marijuana records.
Previously, marijuana has been placed on par with serious drugs such as fentanyl and heroin. Biden wrote that the current legislation “makes no sense,” showing his intent to transform marijuana laws alongside his pardon announcement.
Biden’s federal pardon is small, but the precedent it will set for state governments will likely leave a huge impact on marijuana reform throughout the country. Justin Strekal, the founder of the Organization for Marijuana Reform Laws, summarized the impact of Biden’s pardon: “Could Biden have gone farther? Yes. But now citizens around the country can leverage that example to build pressure on state and local officials to follow in his footsteps.”