Biden to pardon marijuana offenses – Pardon could signal shift in federal law

President Joe Biden is planning to issue an executive order pardoning all people convicted of simple marijuana possession under federal law, senior administration officials said on Thursday, in what amounts to the most extensive White House action taken to date in U.S. drug policy.

The president will also be urging governors to do the same for cases regarding state offenses of civil possession of marijuana. In addition, he is asking the Secretary of Health and Human Services and the Attorney General to “expeditiously” review how marijuana is scheduled under federal law.

Currently, marijuana is classified as a Schedule I narcotic, meaning it’s deemed to have no medical use and a high potential for abuse. Heroin and LSD are other Schedule I drugs.

“The President has been clear that marijuana laws are not working,” said a senior administration official. “The president has been considering his options and he is now taking executive action.”

  • President Joe Biden pardoned all prior federal offenses of simple marijuana possession.
  • The pardons also apply to anyone in the District of Columbia convicted of simple possession of marijuana.
  • Biden has also instructed Secretary of Health and Human Services Xavier Becerra and Attorney General Merrick Garland to begin reviewing how marijuana is classified under federal drug laws.
Members of the DC Marijuana Justice community hold a 51 blow-up joint on the National Mall ahead of President Joe Bidens address to a joint session of Congress to call on the administration to take action on legalization and expungement of criminal records on Wednesday, April 28, 2021.
Tom Williams | CQ-Roll Call, Inc. | Getty Images

WASHINGTON — President Joe Biden pardoned all prior federal offenses of simple marijuana possession, the White House announced Thursday.

The pardons also apply to anyone in the District of Columbia convicted of simple possession of marijuana, a senior administration official told reporters.

More than 6,500 individuals with prior convictions for simple marijuana possession will be impacted by the pardons, said the official, and thousands more will be pardoned under D.C. law.

“There are thousands of people who were convicted for marijuana possession who may be denied employment, housing, or educational opportunities as a result,” Biden said in a statement. “My pardon will remove this burden on them.”

In addition to the pardons, Biden said he had instructed Secretary of Health and Human Services Xavier Becerra and Attorney General Merrick Garland to begin reviewing how marijuana is classified under federal drug laws.

“The federal government currently classifies marijuana as a “schedule one” substance, the same as heroin and LSD – and more serious than fentanyl,” said Biden. “It makes no sense.”


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