The US sentencing commission estimates that 6,577 people could receive pardons

President Joe Biden announced Oct. 6 that he would pardon people across the country currently convicted of cannabis. According to the official White House press release, this means the pardon “…covers all current US citizens and lawful permanent residents who have committed the offense of simple possession of marijuana in violation of the Controlled Substances Act…”

The statement also clarified that only “simple” convictions would be pardoned. “With this proclamation, I intend to pardon only the offense of simple possession of marijuana in violation of federal statute or DC Code 48-904.01(d)(1) and no other offenses involving marijuana or other controlled substances,” Biden said .

Since the announcement, there have been no further announcements as to the number of individuals to be pardoned or their names. However, estimates by the US Sentencing Commission shed some light on how many people could potentially receive a pardon.

The U.S. Sentencing Commission, established in 1984, was created “to reduce inequalities in sentencing and to promote transparency and proportionality in sentencing.” As an independent agency, its purpose is to collect and analyze data on federal penalties and to provide guidelines for criminal policy in multiple branches of government.

In a report released Oct. 13, the commission shows a chart of the “number of federal felons convicted solely of 21 USC § 844 with marijuana” covering the period between 1992 and 2021. An analysis of each year breaks down the number of US criminals, with a total of 6,577. The report notes that as of January 29, 2022, there are no felons in the Federal Bureau of Prisons (BOP).

For all of those offenders who have at least one instance of simple possession (as defined in 21 USC 844), 78.5% of the offenders were male and 21.6% were female. In terms of race, 41.3% were White, 31.8% “Hispanic”, 23.6% Black, and 3.3% Other.

Another chart shows that offenders with “marijuana and other drug involvement” convictions totaled 415 people during the same time period, and an additional chart shows 555 “marijuana-only offenders who also have other convictions.”

A breakdown of each appellate court district and its respective jurisdiction shows that the highest percentage of regional offenders came from “Virginia East” (courts in Maryland, North Carolina, Virginia and West Virginia) at 9.7% and “Texas West” at 8.8% % (with courts in Louisiana, Mississippi, and Texas), “Arizona” at 16.7%, and “California South” at 15% (both included in the United States Court of Appeals for the Ninth Circuit, which includes courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington State). All other district percentages range from 0.1% to 4.3%.

Many states have already created programs to assist residents in having cannabis convictions overturned, quashed, or sealed. According to Reuters, these efforts have helped over 2 million people have their records erased.

In June, the American Medical Association passed a resolution to eradicate cannabis. Recently, in August, Expungement Clinics were held in Buffalo, New York. The US House Judiciary Committee introduced two bills in September that would provide relief for those with cannabis convictions.

Biden’s first pardon announcement called for state governors to issue pardons as well. Recently, however, Indiana Gov. Eric Holcomb said he would not pardon anyone for cannabis convictions, instead recommending that those seeking wiping use existing state programs.