President Biden Grants Pardons to Federal Marijuana Possession Offenses Updated 12/23

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On October 6, 2022, President Biden indicated that he was pardoning all individuals that were convicted of Federal Marijuana Possession cases. Here is everything that we know so far about Biden's Proclamation and how it will work.

Biden Proclaims that Federal Marijuana Possession Offenses are Pardoned

The news came out earlier today that all federal marijuana possession offenses were pardoned.

Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to (1) all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1), on or before the date of this proclamation, regardless of whether they have been charged with or prosecuted for this offense on or before the date of this proclamation; and (2) all current United States citizens and lawful permanent residents who have been convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1); which pardon shall restore to them full political, civil, and other rights.

My intent by this proclamation is to pardon only the offense of simple possession of marijuana in violation of Federal law or in violation of D.C. Code 48–904.01(d)(1), and not any other offenses related to marijuana or other controlled substances. No language herein shall be construed to pardon any person for any other offense, including possession of other controlled substances, whether committed prior, subsequent, or contemporaneous to the pardoned offense of simple possession of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.

Pursuant to this proclamation, the Attorney General, acting through the Pardon Attorney, shall administer and effectuate the issuance of certificates of pardon to eligible applicants who have been charged or convicted for the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1). The Attorney General, acting through the Pardon Attorney, is directed to develop and announce application procedures for certificates of pardon and to begin accepting applications in accordance with such procedures as soon as reasonably practicable. The Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications and shall issue certificates of pardon to eligible applicants in due course.

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of October, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-seventh.

JOSEPH R. BIDEN JR.

-A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana

Too many lives have been upended because of our failed approach to marijuana. Hear from @POTUS on the three steps he is taking to right these wrongs. pic.twitter.com/IqOxHxjgue

— The White House (@WhiteHouse) October 6, 2022

This was one part of three-step plan to address the impact of marijuana convictions on housing, employment and educational opportunities. The other parts included calling on state governors to pardon marijuana possession offenses and asking the Secretary of the Department of Health and Human Services and the Attorney General to review how marijuana is scheduled under federal law.

First: I’m pardoning all prior federal offenses of simple marijuana possession. There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden.

— President Biden (@POTUS) October 6, 2022

The Justice Department, home of the office of the pardon attorney, put out the following statement today as well:

The Justice Department today released the following statement from spokesman Anthony Coley regarding the President’s proclamation granting a full, complete, and unconditional pardon to U.S. citizens and lawful permanent residents who have committed, or been convicted of, the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the U.S. Code, or in violation of D.C. Code 48–904.01(d)(1):

“The Justice Department will expeditiously administer the President’s proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offense. In coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon.

“Also, in accordance with the President’s directive, Justice Department officials will work with our colleagues at the Department of Health and Human Services as they launch a scientific review of how marijuana is scheduled under federal law.”

-Justice Department Statement on President’s Announcements Regarding Simple Possession of Marijuana

Limitations: Simple Federal Marijuana Possession Charges Only

President Biden's Proclamation makes it clear that this will apply to simple marijuana possession charges only. We do not believe that it will apply to conspiracy, distribution or possession with intent to deliver cases. Similarly, we do not believe that this proclamation will apply to simple possession of any other drug. Neither do we believe that this will apply to a person in prison for a possession of a firearm under a drug trafficking crime.

This only applies

The New York Times indicates that there is no one currently in federal prison solely for simple marijuana possession:

The pardons will clear everyone convicted on federal charges of simple possession since it became a crime in the 1970s. Officials said full data was not available but noted that about 6,500 people were convicted of simple possession between 1992 and 2021, not counting legal permanent residents. The pardons will also affect people who were convicted under District of Columbia drug laws; officials estimated that number to be in the thousands.

The pardons will not apply to people convicted of selling or distributing marijuana. And officials said there are no people now serving time in federal prisons solely for marijuana possession. But the move will help remove obstacles for people trying to get a job, find housing, apply to college or get federal benefits.

-Biden Pardons Thousands Convicted of Marijuana Possession Under Federal Law

Sentencing Commission: Over 6500 Offenders Affected by Pardon

The United States Sentencing Commission indicates that 6,577 "federal offenders whose only count or counts of conviction is 21 U.S.C. § 844, and where the only controlled substance involved in the offense was marijuana." Further, there are 415 "federal offenders whose only count or counts of conviction is 21 U.S.C. § 844 and where the offense involved multiple controlled substances, at least one of which is marijuana." The Sentencing Commission was quick to point out that there are no current inmates inside the walls of the prison for simple marijuana possession.

Update 12/23: Biden Engages in Additional Clarifying Pardons

On December 22, President Biden issued another proclamation aimed at assisting "additional individuals who may continue to experience the unnecessary collateral consequences of" certain marijuana convictions. Part of his statement is below:

In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code). As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities. Through this proclamation, consistent with the grant of Proclamation 10467, I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana. Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of 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, in violation of:

(1) section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana;

(2) section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;

(3) section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and

(4) provisions in the Code of Federal Regulations, including as enforced under the United States Code, that prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).

Per NPR, "A White House official said this new proclamation expands those actions by issuing pardons for things like the offense of use and possession on certain federal lands."

Justice Department Spokesperson Anthony Corley also issued the following statement:

“The Justice Department will expeditiously administer the President’s proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offense. In coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon."

The Pardon Attorney's office also has a helpful

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