President Joe Biden issued a proclamation in late December expanding his cannabis pardon initiative. This initiative is a continuation of last year's clemency efforts, which aimed to address racial disparities and lessen the impact of criminal records on individuals' lives. While laudable, the expanded initiative is facing scrutiny due to its limitations and opt-out clauses.
Context of these amnesties
President Biden's Cannabis Pardon Initiative, initially launched in October 2022, aims to address the negative impacts of cannabis convictions on individuals' access to employment, housing, and education. The president stressed the need to correct the societal impacts of the “failed approach” to the war on drugs.
Mr Biden said: “Criminal records for cannabis use and possession have imposed unnecessary barriers […]. Too many lives have been disrupted because of our failed approach to cannabis. It’s time to right these wrongs.”
Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either.
I continue to urge Governors to do the same with state offenses and applaud those who have since taken action.
— President Biden (@POTUS) December 22, 2023
The recent proclamation expands the scope of clemency to those convicted of possessing cannabis on federal property, a notable expansion from the previous initiative. The pardon now covers federal offenses and those committed in Washington, DC for “simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana,” even for offenses committed after the initial October 2022 pardon.
Joe Biden also commuted the sentences of 11 people who were serving long sentences for drug crimes.
However, it is crucial to note that some groups remain excluded from the initiative. According to Marijuana Momentthe pardon does not apply to noncitizens illegally present in the United States at the time of the offense, persons involved in the distribution of cannabis, or persons charged with driving under the influence of cannabis.
Additionally, the initiative did not result in the release of any prisoners, sparking criticism of its effectiveness in addressing systemic problems. While the presidential pardon represents a formal pardon, it does not amount to expungement, leaving individuals with a sealed rather than expunged record.
Call for action at the state level
In his recent statement, Joe Biden called on governors and local leaders to take similar steps to combat cannabis convictions. The President reiterated: “Just as no one should be in a federal prison solely because of marijuana use or possession, no one should be in a local jail or state prison for that reason either “.
While President Biden's expanded cannabis pardon initiative is a step toward addressing the injustices associated with cannabis possession convictions, there is still work to be done. The limitations and exclusions contained in pardons highlight the complexity of drug policy reform. Human rights advocates continue to call for greater measures, such as federal legalization of medical cannabis and decriminalization, to achieve a more comprehensive and equitable approach to cannabis offenses.
