WASHINGTON (AP) — President Joe Biden is pardoning thousands of Americans convicted of “simple possession” of marijuana under federal law, as his administration takes a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color.
Biden’s move also covers thousands convicted of the crime in the District of Columbia. He is also calling on governors to issue similar pardons for those convicted of state marijuana offenses, which reflect the vast majority of marijuana possession cases.
Biden, in a statement, said the move reflects his position that “no one should be in jail just for using or possessing marijuana.”
“Too many lives have been upended because of our failed approach to marijuana,” he added. “It’s time that we right these wrongs.”
According to the White House, no one is currently in federal prison solely for “simple possession” of the drug, but the pardon could help thousands overcome obstacles to renting a home or finding a job.
“There are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result,” he said. “My action will help relieve the collateral consequences arising from these convictions.”
The pardon does not cover convictions for possession of other drugs, or for charges relating to producing or possessing marijuana with an intent to distribute. Biden is also not pardoning non-citizens who were in the U.S. without legal status at the time of their arrest.
The Department of Justice is working to devise a process for those covered by Biden’s pardon to receive a certificate of pardon, which they can show to potential employers and others as needed.
“The Justice Department will expeditiously administer the President’s proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offense,” the department said in a statement. “In coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon.”
Biden is also directing the secretary of Health and Human Services and the U.S. attorney general to review how marijuana is scheduled under federal law. Rescheduling the drug would reduce or potentially eliminate criminal penalties for possession. Marijuana is currently classified as a Schedule I drug, alongside heroin and LSD, but ahead of fentanyl and methamphetamine. The White House did not set a timeline for the review.
But Biden said he believes that as the federal government and many states ease marijuana laws, they should maintain limitations on trafficking, marketing and underage sales.
The move by Biden puts the federal government on course with other big cities like New York that have been moving toward decriminalizing low-level marijuana arrests for years. But there’s a big divide in the nation as some police departments still believe the drug leads to more serious crime and ignoring low-level offenses emboldens criminals.
Advocacy groups praised Biden’s announcement, with Kassandra Frederique, the executive director of the Drug Policy Alliance, saying the organization was “thrilled.”
“This is incredibly long overdue,” said Frederique. “There is no reason that people should be saddled with a criminal record — preventing them from obtaining employment, housing, and countless other opportunities — for something that is already legal in 19 states and D.C. and decriminalized in 31 states.”
Rev. Al Sharpton, the president of the National Action Network, said Biden’s “righteous action today will give countless Americans their lives back.” But he added, “The United States will never justly legalize marijuana until it reckons with the outdated policies that equated thousands of young Black men with hardened drug pushers.”
The move also fulfills one of the top priorities of the Democratic nominee in one of their party’s most critical Senate races, as Pennsylvania Lt. Gov. John Fetterman has repeatedly pressed Biden to take the step, including last month when they met in Pittsburgh.
Fetterman, in a statement, took credit for elevating the issue on Biden’s agenda and praised the decision, calling it “a massive step towards justice.”
“This action from President Biden is exactly what this work should be about: improving people’s lives. I commend the president for taking this significant, necessary, and just step to right a wrong and better the lives of millions of Americans,” he said.
After the president’s announcement, the Indiana Democratic Party issued the following statement:
“About 80% of Hoosiers support cannabis legalization in some form, and a vote for Democrats is a vote to legalize this win-win policy in Indiana. Decriminalizing simple possession of marijuana is a game changer, because now Hoosiers with prior convictions will have access to a better quality of life — including new job opportunities and a brighter future for their families. Democrats urge Governor Eric Holcomb to set aside his politics and follow the President’s suit – like he’s previously promised.” — Drew Anderson, spokesman for the Indiana Democratic Party.
Cyndi Carrasco, candidate for Marion County Prosecutor, released the following statement:
“President Biden’s executive actions on marijuana reform are in line with the trends we are seeing across the country.
“Many Americans are in favor of legalizing marijuana and oppose penalizing people for simple marijuana use and possession. If President Biden was serious about updating federal marijuana laws, he should call on Congress to modernize any marijuana laws that burden the criminal justice system. It is up to Congress and state legislatures to make any further changes they see fit. I look forward to these conversations.
“As I have said from day one, I am not running for Marion County Prosecutor to focus on small possession of marijuana. Under my leadership, the prosecutor’s office will use a commonsense approach on a case-by-case basis and focus all resources on reducing Marion County’s historic wave of murders and violent crimes that have persisted every year that Ryan Mears has been in office.”
This story will be updated as it develops.