The U.S. Department of Justice has extended the deadline for comment on the pardon to August 15
The US Department of Justice (DOJ) announced in March that it was officially launching an online portal to make it easier than ever for people with minor convictions for cannabis use to seek pardons. Now, on July 18, the DOJ Parolees Attorney’s Office released a notice that the deadline had been extended to August 15.
The Parole Attorney’s Office wrote that it is filing a motion to extend parole requests through 2026. “The DOJ is requesting PRA [Paperwork Reduction Act] Authorization for this collection of information for three (3) years,” it reads. “OMB [Office of Management and Budget] Approval for an ICR [Information Collection Request] The period of validity may not exceed three (3) years without renewal. The DOJ advises that the information collection requirements submitted to the OMB for existing ICRs will be renewed month-to-month while they are reviewed.”
“The purpose of this collection is to gather information necessary to enable the U.S. Department of Justice’s Office of the Pardon Attorney to expeditiously implement the provisions of Executive Order 10467, a proclamation pardoning individuals charged or convicted of simple marijuana possession,” the statement said. “The collection will allow individuals to apply for pardons and restore political, civil and other rights by establishing a process for issuing pardons in accordance with the order.”
The DOJ estimates that 20,000 people will apply for a clemency and fill out the required information. This includes personal information (name, mailing address, email address, and citizenship status) as well as individual file and case numbers, the code snippet for the indictment, copies of any relevant documents (such as indictments, complaints, or other conviction documents), and the date the sentence was imposed.
This pardon policy was enacted by President Joe Biden in October 2022. “Like I said before, no one should be in jail for using or possessing marijuana,” Biden tweeted. “Today I am taking steps to put an end to our failed approach.”
The DOJ explained in March what entitles a person to a pardon. “Those pardoned on October 6, 2022 are entitled to a certificate of pardon,” the DOJ wrote in a press release. “Consistent with the proclamation, to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of marijuana in either a federal court or a DC Supreme Court, and the applicant must have been a lawful resident of the United States at the time of the offense.”
Following Biden’s pardon announcement, the U.S. Sentencing Commission announced that more than 1,450 people in Arizona on federal cannabis possession charges will be pardoned. The only state receiving more pardons is California, with 1,550 eligible individuals. However, the pardons do not apply to those whose convictions involved the illegal sale of cannabis.
The U.S. Department of Health and Human Services and the U.S. Food and Drug Administration (FDA) are currently working on an eight-step review of federal cannabis classification to determine whether cannabis should be reclassified under the Controlled Substances Act. However, there is no definitive deadline for when these agencies will complete the review. However, when it is done, it will be sent to the Drug Enforcement Administration for a final decision.
Recently, officials in several states, including Illinois, Maryland, Massachusetts, Minnesota, and Utah, have submitted data on their medical cannabis programs to the FDA with intent to help with the review.
Federal cannabis regulation or debt relief could open up many opportunities for cannabis users and businesses. Most recently, cannabis companies in Vermont were told they were not eligible for emergency federal aid because cannabis was a Schedule I substance when violent storms caused flooding across the state, damaging their businesses and livelihoods.
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