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.
“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.”
Democrats Applaud the Move
Democrats were quick to applaud the president’s action.
Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) echoed the sentiment.
Speaker of the House Nancy Pelosi (D-Calif.) also commended the move in a Twitter thread. Pelosi’s son works in the marijuana industry, which has blossomed in California since being legalized.
“This is a day of hope and healing, as [President Biden] takes historic steps to reform America’s approach to marijuana,” Pelosi commented. “These transformative actions are the latest manifestation of Democrats’ unyielding commitment to justice, especially for those unfairly harmed by cannabis criminalization.”
She continued: “Failed federal drug policies—which have specifically targeted communities of color—have torn apart too many families. By pardoning those arrested for simple marijuana possession, and encouraging governors to follow suit, the President is advancing racial and economic justice.
“Our proud Democratic Majority will never relent in fighting for these reforms, and more, as we work to advance justice for all,” she concluded.
This legislation decriminalizes marijuana at the federal level and empowers all to participate in the cannabis industry.
Rep. Ilhan Omar (D-Minn.), one of the most progressive members of the House of Representatives, agreed.
“Never let anyone tell you organizing doesn’t matter,” she continued.
Omar repeated Pelosi’s call to decriminalize marijuana entirely.
“Next step, legalizing marijuana nationwide,” Omar said. “The House passed the MORE Act to decriminalize marijuana. It’s time for the Senate to step-up and pass the bill.”
Omar also claimed that “legalizing marijuana is a civil rights issue.”
“Black Americans are 3.5X more likely to be arrested for marijuana possession compared to white Americans, despite similar usage,” Omar claimed. “It’s time we begin undoing the devastation caused by the war on drugs.”
The move also attracted the commendation of some state level politicians.
‘A Step in the Right Direction’: Mace
In addition, a small handful of Republicans joined Democrats in applauding the move.Former Illinois Republican and U.S. Rep. Joe Walsh was among the Republicans in favor of the executive action.
“Let’s quit messing around,” Walsh wrote on Twitter. “Marijuana should be legalized nationwide. Just do it.”
Rep. Nancy Mace (R-S.C.), who has been one of the most vocal GOP proponents of legalizing marijuana, also praised the White House.
“I wanna give credit where credit is due—I don’t always agree with the Biden administration, I’ve been very vocal about that—but this is a step in the right direction.”
She continued, “The president wants to pardon people for very simple possession [and] nonviolent offenders of cannabis at the federal level, and he wants to encourage our governor’s across the country to do the same.
“But there’s more to do,” Mace continued. “This is a multi-billion dollar industry that needs regulation, that needs to have some guard rails to ensure we’re not selling marijuana or cannabis to kids and our youth, and to ensure also that those who need it for medical reasons, like our veterans who have PTSD ... can get medical care that isn’t gonna get them addicted to very dangerous opioids.”
‘A Meaningless Gesture’: Anti-Marijuana Group
Scott Chipman, vice president of Americans Against Legalizing Marijuana (AALM), was more skeptical of the move, which he told The Epoch Times was “a meaningless gesture.”Asked about AALM’s position on the issue, Chipman said, “It’s kind of a meaningless gesture because it’s going to have virtually no real impact other than the headlines.”
Chipman explained that the real-world effects of the executive action will be minimal at best. The story behind federal marijuana possession charges, Chipman said, is more complicated than what Biden is letting on.
While most people “imagine that [Biden is] pardoning a black or brown, young man who was was arrested for joints in their pocket,” the situation is more complex, Chipman said.
The notion of a black man getting out of prison because of Biden’s pardon, Chipman said, “is not the case. That’s never been the case. That’s not the case here. He’s only expunging records. Nobody’s getting out of jail about this.”
Chipman continued, “No one is in federal prison for simple possession. Literally no one.”
He continued: “Approximately 6,500 people since 1992, have had a marijuana possession conviction on their records. That’s what this White House has said—6,500. There were only 1,734 marijuana offenders sentenced in 2019. And not all of them were sentenced to prison.
“Most of them pled down from much more serious charges,” Chipman noted. “And they also have other charges on their record in addition to a marijuana charge. So expunging a marijuana record is not going to get rid of felony assault or bank robbery, or murder. So you’re still gonna have a record for most of these people. That’s not their only charge.”
According to statistics, Chipman added, federal marijuana convictions generally entail more than a few joints worth of marijuana. Instead, Chipman said, citing stats from the U.S. Bureau of Justice Statistics, “the median amount of marijuana involved in a conviction for marijuana-only possession offenders was 115 pounds.”
“One-hundred-and-fifty pounds is a huge amount,” Chipman said, noting that, depending on how they’re assembled, that’s enough marijuana for around 100,000 joints. “These are typically drug dealers, they’re traffickers who are preying on our young people with a drug that is very dangerous to their health.”
Generally, Chipman explained, most people who end up with a federal simple possession charge—a charge which is generally handled at the state rather than the federal level, are people who pled down from much more serious charges, including violent charges or possession with intent to distribute.
Long-Term Changes Unlikely
Chipman also told The Epoch Times that long-term, changes to the way marijuana is scheduled are unlikely—despite Biden’s effort to look at rescheduling the drug.“The marijuana industry is spinning this as if this is a move towards legalization because of his call for the review of the scheduling of marijuana. They’re very good at public relations,” Chipman said, explaining that under normal circumstances the Department of Health and Human Services is required to look at several legislatively-determined factors in deciding how to schedule a drug under the Controlled Substances Act.
“The reality is, this will be done in a review process by Health and Human Services, civil servants,” Chipman explained. “And there’s a requirement for eight factors of analysis. This has been done multiple times, most recently in 2015. And every time this analysis has been done, the marijuana rescheduling has failed. This is not new, it’s been done over and over again.
“So unless there’s going to be some thumb put on the scale, and the same criteria is used,” Chipman concluded, “this will not pass the muster of rescheduling.”
