Biden Just Took Major Action That May Signal Federal Marijuana Legalization
President Joe Biden on Thursday issued pardons for thousands of people convicted under federal marijuana possession laws and called for a review of how marijuana is classified under federal law.
About 6,500 people convicted on federal charges of simple possession of marijuana from 1992 to 2021 will be impacted, according to a assistant press secretary Kevin Munoz on a background media call posted on the White House website. Munoz said thousands more were convicted of possession in the District of Columbia.
However, there were no individuals currently in prison on federal marijuana possession charges, he said.
CNN’s reporting noted the political overtones of the announcement, saying that the action had been debated in the White House.
“White House aides were also watching the calendar with the midterms in mind, hoping that the changes long sought by criminal justice advocates will help build enthusiasm among Black voters, younger voters and a wider array of core Democratic voters,” CNN reported.
The report noted that Democrat John Fetterman, running in a tight race against Dr. Mehmet Oz for a U.S. Senate seat in Pennsylvania, received a heads-up call from the White House.
In a statement posted on the White House website, Biden said “‘Today, I am announcing three steps that I am taking,”
Biden said “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.”
“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,” he said.
Biden called for all states to follow his example.
“Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either,” he said.
Biden also said it was time to change the rules.
“Third, I am asking the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law. Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances. This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic,” he said.
“Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs,” he said.
Today, President Biden pardoned all prior federal and D.C. offenses of simple marijuana possession.@POTUS also called on governors to pardon simple state marijuana possession offenses. pic.twitter.com/PGhVwuruKJ
— The White House (@WhiteHouse) October 6, 2022
Udi Ofer, a Princeton University professor and former deputy national political director of the American Civil Liberties Union, marijuana possession is “almost entirely prosecuted by the states.”
He called Biden’s announcement “an important political statement.”
Legalizing marijuana under federal law would take Congress to get involved, Politico noted. The Democrat-controlled House has twice passed legislation that would end federal penalties for marijuana possession, but those bills died in the Senate.
Still, the announcement spurred a buzz over possible federal legalization of marijuana, spiking higher stock prices for some companies that deal in the drug, according to CNBC.
The full text of Biden’s Oct. 6 statement follows.
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.
Second, I am urging all Governors to do the same with regard to state offenses. Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.
Third, I am asking the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law. Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances. This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine — the drugs that are driving our overdose epidemic.
Finally, even as federal and state regulation of marijuana changes, important limitations on trafficking, marketing, and under-age sales should stay in place.
Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.
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