The White House: “A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana“
In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code). As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities. Through this proclamation, consistent with the grant of Proclamation 10467, I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana. Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of:
(1) section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana;
(2) section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;
(3) section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and
(4) provisions in the Code of Federal Regulations, including as enforced under the United States Code, that prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).
My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in paragraphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations consistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled substances or activity beyond simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.
I was unable to quickly determine how many people have been convicted under the Federal statute for simple possession of marijuana; I would guess the number is small. I would guess that the number convicted under DC law is higher.
Regardless, this seems like an unalloyed good. It’s unconscionable that people continue to face impediments to employment and the like for doing something that’s now perfectly legal in much of the country, including DC.*
Rather obviously, the vast number of Americans convicted under anti-marijuana laws have been at the state and local level and the President lacks the power to pardon them. NPR notes that and reports,
The pardon Biden issued does not apply to state convictions. In a statement, the president encouraged governors to take action on marijuana laws in their own states.
“Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either,” Biden said.
Vice President Kamala Harris also weighed in.
“As I have declared many times before, no one should be in prison simply for smoking weed,” she said in a statement. “That is why we continue to call on Governors to join us in this long-overdue work.”
Why we’re continuing to pretend Harris’ is some kind of co-president escapes me. As does her use of “weed” in an official statement.
NPR adds:
In addition to the proclamation, Biden also granted clemency to 11 individuals who he says are serving “disproportionately long” sentences for nonviolent drug offenses.
Biden said that with current reforms, these individuals would have been eligible for much shorter sentences had they been charged today.
“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs,” Biden said in a statement.
In April, Biden commuted the sentences of 31 others who were also convicted of nonviolent drug offenses.
Rolling Stone notes that Biden’s position on the issue has evolved:
Biden’s new approach to weed is a significant shift from his previous stances.
Back in 2021, several staffers were asked to resign or were suspended for past marijuana usage. And in 2010, while serving as Barack Obama’s Vice President, Biden called weed a “gateway drug,” adding that “legalization is a mistake” in an interview with ABC News.
In the late Eighties, Biden said he “rejected” the idea of the legalization of recreational drugs. “Is it proper and legitimate for a government to take an action which we know expressly will lead to the mental and physical demise of an individual?” Biden asked at the time, per Mother Jones. “I say no.”
First, politicians evolving their positions as they gain more knowledge and experience should be lauded, not viewed as being inconsistent or hypocritical. Second, as I noted at the time, Biden wasn’t firing staffers for simple marijuana use but rather for irregularities that turned up in the routine security clearance process. Third, as the linked story itself points out, Biden likely wasn’t talking about marijuana but rather harder drugs. And this was a Q&A at a college speech, not a major policy address.
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*While I support legalization, I do lament the side effect that every major city’s downtown now reeks of marijuana smoke.
