In Historic Move, Biden announces he will pardon thousands of state cannabis offenses

Today President Joe Biden announced that he will pardon people with federal convictions for simple possession of cannabis. He also announced that he would direct U.S. Attorney General Merrick B. Garland and Department of Health and Human Services Secretary Xavier Becerra to begin the federal cannabis classification review process.

The official White House statement was released Oct. 6, noting that cannabis falls under Schedule I under current federal law, alongside deadly drugs like fentanyl. The White House will “quickly review” the facility’s current rating.

The New York Times reports that the move will affect more than about 6,500 people convicted of basic possession of cannabis federally from 1992 to 2021, and thousands more convictions in the District of Columbia.

“Like I said before, no one should be in jail for using or possessing marijuana,” Biden tweeted. “Today I am taking steps to end our failed approach. Allow me to expand.”

Biden then delivered three key points: pardoning all previous federal offenses of simple possession of marijuana; Calling on Governors to Pardon Low-Level State Marijuana Possession Offenses; and finally, requesting Department of Health and Human Services Secretary Xavier Becerra and Attorney General Merrick B. Garland to begin the process of reviewing how cannabis should be scheduled under federal law.

NORML leaders were cautiously optimistic, noting that efforts to focus the White House’s attention on genuine federal cannabis reform have been going on for decades.

“Many of the efforts that the President has undertaken and proposed today are long overdue,” Erik Altieri, executive director of NORML, said in a statement to the High Times. “For nearly two years, NORML has been calling on the administration to fulfill the president’s campaign promise to provide assistance to those stigmatized by a minor cannabis conviction. We are pleased that President Biden is delivering on that promise today, and that he is also encouraging governors to take similar steps to ensure that the millions of Americans convicted of previous state-level marijuana crimes can finally get on with their lives . Since 1965, nearly 29 million Americans have been arrested for marijuana-related violations — activities that a majority of voters no longer believe should be a crime.”

“Going forward, the administration must work with congressional leadership to repeal America’s failed marijuana criminalization laws. Almost half of voters now agree that legalizing marijuana should be a priority for Congress, and such action can only be taken by removing cannabis from the US Controlled Substances Act, making it regulated in a manner similar to alcohol . Congress should be inspired by the actions of the administration today to act quickly and send legislation to the President’s desk that would help close this dark chapter in our history.”

Leaders in Congress — particularly members of the Congressional Cannabis Caucus — welcomed the move. The office of Congressman Earl Blumenauer, founder and co-chair of the Congressional Cannabis Caucus, also provided the High Times with its official statement on the matter.

“Today, President Biden took an important step in the fight to end the federal government’s failed and discriminatory cannabis ban,” Congressman Blumenauer said. “Never before has a president stepped forward to pardon low-level marijuana offenders on this scale. At a time when 99% of Americans live in a state where some form of cannabis use is legal, it is unthinkable that anyone – especially predominantly Black, Latinx and Native Americans – would be jailed for simple, non-violent cannabis possession.”

“This is a crucial, important step for racial justice in the failed war on drugs that too often has targeted people of color, particularly black and Hispanic men. While this order is welcome and long overdue, it is only the first step of many that this administration should be taking,” Congressman Blumenauer continued. “We have pending legislation dealing with medical marijuana research and the ability for cannabis companies to access banking services — both of which have won support in the House and Senate. The President should hug and celebrate. It is crucial that we put the full force of the federal government behind them.

“There was a time when this was controversial,” Congressman Blumenauer added. “But for several years, the federal government has been left behind by people and states that have not waited. Not only do more than two-thirds of the public support full legalization, but half of American Republicans are ready to end this chapter of the failed drug war. We applaud this action and hope it is the first of several undeniably critical steps in promoting equity, justice and rational politics.”

US Cannabis Council (USCC) CEO Khadijah Tribble also chimed in, saying that Biden’s testimony aligns with many of the council’s goals.

“President Biden is right: no one should be in prison for using or possessing cannabis. This executive action will have a positive impact on countless Americans burdened with criminal histories and the unjust suffering and consequences of cannabis prohibition. This is a particularly cathartic moment for black and brown communities, who have been disproportionately impacted by the criminalization of cannabis.

“We commend the President for delivering on his campaign promise to grant pardons to cannabis non-violent offenders. This announcement follows the Biden administration’s appointment of the first adviser on cannabis research and regulation to the U.S. Food and Drug Administration (FDA), and further reinforces the fact that it’s a matter of when, not if – Cannabis is decriminalized altogether.

“As the nation reckones with the mistakes of the past, it is also time to look to the future. The Senate should pass the SAFE Banking Act to ensure that the communities hardest hit by cannabis prohibition can safely and profitably participate in the burgeoning cannabis industry,” Tribble said.

The Justice Department will begin issuing pardon certificates to eligible individuals, reports USA Today.