In October 2022, President Joe Biden announced a pardon for all prior federal offenses of simple marijuana possession. This move provided relief to individuals with prior convictions, but what does it mean for the cannabis industry and the fight for full federal legalization? In this article, we’ll explore the implications of President Biden’s pardon and the push towards cannabis reform.
Qualifying for the Pardon
To qualify for the pardon, individuals must have been charged or convicted of simple marijuana possession before October 6, 2022, by either a federal court or DC Superior Court. They must also have been a US citizen or lawfully present in the US at the time of the offense and when Biden issued the pardon. Those who meet these qualifications can apply for a certificate of proof through the Office of the Pardon Attorney’s website to indicate that they have been pardoned for the offense.
Limited Reach of the Pardon
It’s important to note that the pardon only applies to prior federal offenses of simple marijuana possession. It does not extend to state marijuana convictions, and individuals charged with other marijuana-related offenses are not eligible for the pardon. According to CNN, there are currently no Americans serving time solely on federal simple marijuana possession charges. However, the number of people charged with this crime is north of 6,500. While this pardon provides relief to those affected by these charges, it falls short of addressing broader issues surrounding cannabis criminalization.
Encouraging State Pardons
As part of last year’s announcement, President Biden encouraged governors to follow his lead and pardon state simple marijuana possession charges. This move could potentially affect thousands of additional Americans who have faced similar charges. Many states have already taken steps towards legalization and decriminalization of marijuana, but not all states have followed suit. Encouraging governors to pardon state charges could help push the needle forward on cannabis reform.
Cannabis Criminalization
President Biden’s pardon represents a significant step towards removing criminal penalties for possessing marijuana. It acknowledges that criminal records for marijuana possession have led to needless barriers to employment, housing, and educational opportunities, particularly for Black and brown communities. Biden noted that while white, Black, and brown people use marijuana at similar rates, Black and brown people are arrested, prosecuted, and convicted at disproportionate rates. This disparity highlights the underlying racial inequalities in the criminal justice system, and it serves as a reminder that the work towards cannabis reform is far from over.
Future of Cannabis Reform
While President Biden’s pardon is a significant move towards cannabis reform, it’s not a complete solution. Many states have already legalized marijuana for medicinal and recreational use, but the federal government still classifies marijuana as a Schedule I drug, hindering research on its potential benefits and harms. Full federal legalization would help address these issues and could provide many potential benefits, including generating revenue for states, creating jobs, reducing the burden on the criminal justice system, and providing relief for individuals with medical conditions.
