Biden Expands Marijuana Pardons With New Proclamation Covering Offenses On Federal Properties

President Joe Biden on Friday issued a proclamation expanding a marijuana pardon initiative he began last year by including for the first time people who committed cannabis possession offenses on federal properties.

“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” Biden said in a statement. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we 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,” the president continued. “That’s why I continue to urge governors to do the same with regard to state offenses and applaud those who have since taken action.”

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 expanded pardon proclamation comes as the Drug Enforcement Administration (DEA) is considering a recommendation to reschedule cannabis to Schedule III under a recommendation from the Department of Health and Human Services that stemmed from a review that Biden initiated last year in conjunction with his initial marijuana clemency move.

While advocates have welcomed the president’s actions on marijuana, they have critically pointed out that his cannabis-focused pardons have not released anyone from prison and exclude large groups of people, including immigrants and those with convictions for selling marijuana.

Friday’s expanded proclamation notes that it, like its predecessor, “does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense” and does not cover “possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana.”

Its scope covers federal and Washington, D.C. offenses for “simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation,” meaning that it will cover people who committed cannabis possession crimes subsequent to Biden’s initial October 2022 pardon.

First, I’m commuting the sentences of 11 people who are serving disproportionately long sentences for non-violent drug offenses.

All of them would have been eligible to receive significantly lower sentences if they were charged with the same offense today.

— President Biden (@POTUS) December 22, 2023

Biden on Friday also commuted the sentences of 11 people who are serving long sentences for drug offenses.

“I have exercised my clemency power more than any recent predecessor has at this point in their presidency. And while today’s announcement marks important progress, my Administration will continue to review clemency petitions and deliver reforms that advance equal justice, address racial disparities, strengthen public safety, and enhance the wellbeing of all Americans.”

This is a developing story and will be updated.

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