Biden mentions release of prisoners with cannabis convictions in MLK Day speech

On Jan. 16, President Joe Biden spoke at a Martin Luther King Jr. Day breakfast event in Washington DC hosted by the National Action Network. In his speech, he briefly mentioned consumers who have been in jail for cannabis convictions. “And one more thing about equality. I’ll keep my promise,” he said in his speech. “No one – I repeat – no one should be in federal prison for the mere possession of marijuana. No one.”

“Furthermore, they should be released from prison and given a full pardon and their entire record wiped out so that if they have to ask, ‘Have you ever been? [convicted]?’ You can honestly say ‘no’ to that.”

During his speech, he also mentioned his efforts to help free Brittney Griner, the All-Star WNBA athlete who was arrested and convicted in Russia of possessing a small amount of cannabis oil. “And we got Brittney Griner home in time for Christmas. And we have more to bring home, too,” he said shortly.

Biden appears committed to his promise to prevent citizens from being convicted and sent to a federal prison for cannabis crimes, especially since his initial announcement in October 2022. Previously, in November 2021, Biden signed into law an infrastructure bill that included improvements to cannabis studies. In December 2022, he signed a bill titled the Medical Marijuana and Cannabidiol Research Expansion Act, which “establishes a new registration process for conducting research into marijuana and for manufacturing marijuana products for research and drug development.”

Earlier this month, the US Sentencing Commission (USSC) voted to propose an amendment that would redefine basic cannabis possession to help judges handle cannabis possession cases. The USSC also released a report on Jan. 10 analyzing data on cannabis possession convictions. In fiscal 2021, 4,405 people received additional points on their criminal record as a result of a cannabis possession conviction, and 1,765 were upgraded to a “higher criminal record” as a result of that conviction. The report also noted a decrease in the number of people convicted of simple possession federally, from 2,172 in fiscal 2014 to just 145 in fiscal 2021.

The USSC originally estimated in an October 2022 report that 6,577 people could potentially be pardoned.

Biden’s pardon announcement in October prompted other state governors to take similar action. Kentucky Governor Andy Beshear announced that he would study statewide weed pardons and later in November sign an executive order to allow the use of medicinal cannabis. On October 25, 2022, more than 1,450 Arizona residents convicted of federal cannabis possession were pardoned.

Oregon Gov. Kate Brown issued more than 45,000 pardons in November 2022. “We are a state and a second chance nation. Today I am taking steps to right the wrongs of a flawed, unjust and antiquated Oregon criminal justice system when it comes to personal marijuana possession,” Brown said in a statement. “For the estimated 45,000 individuals who will receive pardons for prior federal convictions for marijuana possession, this measure will help alleviate the side effects resulting from those convictions.”

Most recently, Pennsylvania Gov. Tom Wolf granted 369 pardons on Jan. 12, bringing the total to 2,540. “I’ve taken this process very seriously — I’ve reviewed and carefully considered each and every one of those 2,540 pardons and the lives they will affect,” Wolf said. “Every single Pennsylvanian who has made it through the process truly deserves their second chance, and I was honored to give it.”