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October 6, 2022
October surprise: Prez Biden announces he is "pardoning all prior federal offenses of simple marijuana possession"! Wow!
About a half hour ago as of this writing, President Joe Biden has announced a set of remarkable new marijuana policy moves on this Twitter thread, which starts this way:
President Biden @POTUS
As I’ve said before, no one should be in jail just for using or possessing marijuana.
Today, I’m taking steps to end our failed approach. Allow me to lay them out.
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.
Second: I’m calling on governors to pardon simple state marijuana possession offenses. Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either.
Third: We classify marijuana at the same level as heroin – and more serious than fentanyl. It makes no sense. I’m asking @SecBecerra and the Attorney General to initiate the process of reviewing how marijuana is scheduled under federal law.
This is very big news (though not quite massive news), with lots of formal and informal ripples for criminal justice systems and sentencing. The legal, policy, political and practical consequences of these moves are going to be fascinating (and a bit unpredictable, I suspect).
Wow!
UPDATE: Here is a fuller official statement from the White House, with the federal pardon talk at the start:
As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.
Today, I am announcing three steps that I am taking to end this failed approach.
First, I am announcing a pardon of all prior Federal offenses of simple possession of marijuana. I have directed the Attorney General to develop an administrative process for the issuance of certificates of pardon to eligible individuals. There are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result. My action will help relieve the collateral consequences arising from these convictions.
According to this New York Times piece, headline "Biden Pardons Thousands of People Convicted of Marijuana Possession Under Federal Law" the promised pardons have already been issued:
President Biden on Thursday pardoned all people convicted of marijuana possession under federal law and said his administration would review whether marijuana should still be a Class 1 drug like heroin and LSD.
The pardons will clear about 6,500 people who were convicted on federal charges of simple possession of marijuana from 1992 to 2021 and thousands more who were convicted of possession in the District of Columbia, officials said. Officials said the president would urge governors to follow his lead for people convicted on state charges of possession.
October 6, 2022 at 03:25 PM | Permalink
Comments
I agree that this is big news, and well timed politically to goose his base (just as having working class people pay off the tuition loans of more prosperous Harvard and Stanford, etc., deadbeats gooses his base).
But President Biden doesn't go far enough. Under the same principle -- "It's none of the government's business what you put into your own body" -- he should pardon everyone convicted of offenses involving fentanyl, LSD, meth and heroin. After all, it's STILL none of the government's business.
C'mon, Joe, step up and be bold!
Posted by: Bill Otis | Oct 6, 2022 3:48:22 PM
Was that the rationale? Or was it that criminalization of possession of marijuana was a failed government policy specific to marijuana? Maybe loss of liberty is the best we can do for limiting the dangers of drug use, but I hope that we can do better.
Posted by: John | Oct 6, 2022 4:19:59 PM
The White House press release is deceiving. This says that the pardons will be granted to all those who received federal sentences for simple possession. These people are not prosecuted federally and are not found in the BOP.
Posted by: beth curtis | Oct 6, 2022 4:39:04 PM
Biden is also lying when he says "all." The actual pardon proclamation only applies to citizens and LPRs, not other noncitizens. Full of shit, as usual.
Posted by: AFPD | Oct 6, 2022 4:41:13 PM
This White House statement is misleading to those who are not aware of who is prosecuted and how they are prosecuted federally. People are not prosecuted federally for simple possession. I don't know of one federal inmate who will benefit from this. I hope I'm wrong.
Posted by: beth curtis | Oct 6, 2022 4:54:54 PM
My fellow commentators, let's all lighten up, light one up, and relax!!
Posted by: Michael R. Levine | Oct 6, 2022 5:25:36 PM
Beth Curtis --
Nailed it. This is a typical Biden stunt. Whether you like or dislike the underlying idea, the announcement is just very misleading about its scope.
Posted by: Bill Otis | Oct 6, 2022 5:32:26 PM
Agreed that simple possession in BOP is probably nearly a null set. And that this posturing is politically popular (and well beyond Biden's base, FTR). Like other federal sentencing practices, this probably is more significant for the pressure it will put on Govs.
Posted by: John | Oct 6, 2022 6:10:11 PM
Thanks Bill. Additionally, the New York Times published this article about the White House announcement - https://www.nytimes.com/2022/10/06/us/politics/biden-marijuana-pardon.html
They say 6,500 people convicted federally will benefit. We need a RELIEBLE fact checker.
Posted by: beth curtis | Oct 6, 2022 10:53:46 PM
I'd like to see where they got their numbers as well - when I ran the data from USSC Ask IDA program, from 2015 to 2021 (only dates available in IDA) - there were 493 defendant's whose guideline was 2D2.1 - the Unlawful Possession Guideline and where the primary drug was marijuana. Obviously, the pardon data includes more years, regardless, love to see the analysis.
Posted by: atomicfrog | Oct 7, 2022 7:20:48 AM
I'd like to see where they got their numbers as well - when I ran the data from USSC Ask IDA program, from 2015 to 2021 (only dates available in IDA) - there were 493 defendant's whose guideline was 2D2.1 - the Unlawful Possession Guideline and where the primary drug was marijuana. Obviously, the pardon data includes more years, regardless, love to see the analysis.
Posted by: atomicfrog | Oct 7, 2022 7:20:52 AM
I'd like to see where they got their numbers as well - when I ran the data from USSC Ask IDA program, from 2015 to 2021 (only dates available in IDA) - there were 493 defendant's whose guideline was 2D2.1 - the Unlawful Possession Guideline and where the primary drug was marijuana. Obviously, the pardon data includes more years, regardless, love to see the analysis.
Posted by: atomicfrog | Oct 7, 2022 7:21:12 AM
If this impacts anybody, whats the over/under on the percentage of those who committed more than possession, but took a plea down to simple possession?
Posted by: TarlsQtr | Oct 7, 2022 9:00:58 AM
LOL, zero. Nobody charged w/ PWID or distribution is getting pled down to simple possession. It just doesn't happen.
Posted by: AFPD | Oct 7, 2022 9:55:19 AM
A USSC report from 2016 noted a big uptick in marijuana possession cases at the border in FY 2013, which suggests federal prosecutors for some period were making this a focal charge for illegal immigrants. But Prez Biden's mass pardon excludes illegal immigrants, so this population is not benefiting in any way.
Here is a link to the USSC report:
https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2016/201609_Simple-Possession.pdf
That same USSC report details that that most of the non-border cases of simple marijuana possession in FY2013 were from military bases and national parks, and "the median weight of marijuana among Non-Border offenders was 5.2 grams (0.2 ounces)."
To Tarls' point, the USSC report does say that, in FY13, more than half of the offenders "discovered in a national park [were] most likely identified because of an investigation into a non-drug offense (58.3%)." And there are homicides and sex crimes committed in national parks, though I sincerely doubt those get pled down to simple marijuana possession. I suspect investigations for resource crimes (cutting trees) and poaching (taking animals) likely are the common back-story here.
Posted by: Doug B. | Oct 7, 2022 10:13:14 AM
I will wait for the list of pardon recipients to appear on the DOJ Pardon Attorney's site. It's always exciting when the list falls down.
Posted by: beth curtis | Oct 7, 2022 2:39:19 PM