President Biden’s Pardon of Marijuana Convictions: A Step Towards Justice Reform

President Joe Biden has taken a significant step towards rectifying racial disparities in the U.S. justice system with his latest round of executive clemencies. On October 6, 2022, he issued a presidential proclamation pardoning thousands of individuals convicted of simple possession of marijuana on federal lands and in the District of Columbia. This move aims to address the long-standing barriers that criminal records for marijuana use and possession have created in terms of employment, housing, and educational opportunities.

The pardon specifically applies to federal convictions for simple marijuana possession offenses, including those under D.C. Code offenses. It does not extend to state law convictions or to more serious federal marijuana offenses such as distribution or possession with intent to distribute. The proclamation emphasizes that the pardon is an expression of forgiveness and does not signify innocence or expunge the conviction. However, it can remove civil or legal disabilities imposed due to the pardoned conviction, potentially aiding in obtaining licenses, insurance, or employment.

In addition to the pardons, President Biden also granted clemency to 11 individuals serving disproportionately long sentences for nonviolent drug offenses. This action is part of Biden’s commitment to making the “promise of equal justice a reality.” It’s important to note that the pardon does not release anyone from prison, but it’s intended to help thousands overcome obstacles related to housing or job opportunities.

Those eligible for the pardon can apply for a certificate from the Justice Department’s pardon attorney office. The process has been streamlined to ensure that applications are processed efficiently, with an average processing time of around 30 days for complete applications.

President Biden’s actions underscore the ongoing debate and evolution of policies regarding marijuana in the United States. While marijuana has been decriminalized or legalized in many states, it remains a controlled substance under federal law. Biden’s order only applies to offenses occurring on or before October 6, 2022, and does not affect offenses occurring after this date. Additionally, the pardon does not apply to those unlawfully in the U.S. at the time of their offense.

Through these clemencies, President Biden has reiterated his call to governors and local leaders to take similar steps to erase marijuana convictions, echoing the sentiment that no one should be incarcerated for use or possession of marijuana.