As the federal government continues considering whether to reschedule cannabis under the Controlled Substances Act (CSA), President Joe Biden issued expanded pardons Dec. 22 for those who were convicted of simple cannabis possession, attempted simple cannabis possession or cannabis use.
The move follows Biden’s October 2022 announcement that he would pardon thousands of federal simple cannabis possession offenses and initiate a review of how cannabis is scheduled.
“America was founded on the principle of equal justice under law,” Biden said in a public statement regarding the actions. “Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect this core value that makes our communities safer and stronger. That is why today I am announcing additional steps I am taking to make the promise of equal justice a reality.”
In addition to the expanded pardons, Biden announced that he is commuting the sentences of 11 people who are serving what he called “disproportionately long sentences” for nonviolent drug-related offenses, all of whom would be eligible to receive lower sentences if charged with the same offenses today.
“Too many lives have been upended because of our failed approach to marijuana,” Biden said. “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. 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.”
Biden added that his administration will continue reviewing clemency petitions and “deliver reforms that advance equal justice, address racial disparities, strengthen public safety and enhance the wellbeing of all Americans.”
Industry stakeholders largely applauded Biden’s latest clemency actions.
“The National Coalition on Black Civic Participation and Black Women’s Roundtable wholeheartedly applauds President Biden for this far-reaching and compassionate action,” Melanie Campbell, president and CEO of the National Coalition on Black Civic Participation and Convener of The Black Women’s Roundtable, said in a public statement. “The decision to pardon individuals convicted of simple marijuana possession is a critical step towards correcting the historical injustices perpetuated by our criminal justice system against communities of color.
“By correcting these past wrongs, the Biden-Harris administration is taking a major step forward in delivering on its 2020 campaign promises and is also demonstrating a commitment to engaging in meaningful dialogue and action with those most impacted by these flawed policies. It is a testament to the power of advocacy and the importance of holding our leaders accountable to their commitments.”
The U.S. Cannabis Council (USCC) also celebrated the expanded pardons.
“When President Biden was running for office, he pledged to reform federal cannabis laws and grant pardons for nonviolent cannabis offenses,” David Culver, USCC senior vice president of Public Affairs, said in a public statement. “As the third year of his presidency comes to a close, the president has made great strides toward these goals.
“Today’s pardons are an expansion of those granted in October of last year, when President Biden also initiated an administrative review of the status of cannabis under federal law. As a result of the review, the Drug Enforcement Administration is poised to move cannabis down to Schedule III, following more than five decades as a Schedule I drug.
“The Biden administration is well on its way toward delivering the most impactful cannabis reform in history. We applaud President Biden for his ongoing commitment to reforming cannabis laws and addressing the harms of our nation’s failed drug war. Taken together, his actions represent tangible progress toward ending federal cannabis prohibition and expunging cannabis charges at all levels of government.”
The U.S. Department of Health and Human Services (HHS) recommended in August that cannabis be reclassified under the CSA, which currently lists cannabis as a Schedule I drug. HHS still has not confirmed publicly the details of its recommendation, but Bloomberg, which broke the news, reported that it viewed an unredacted letter sent to the U.S. Drug Enforcement Administration (DEA) that indicated HHS officials suggested a move to Schedule III. The DEA must now decide whether it will accept or reject that recommendation.
RELATED: Former US Attorneys Urge Federal Officials to Reject Cannabis Rescheduling Recommendation
U.S. Rep. Earl Blumenauer, D-Ore., founder and co-chair of the Congressional Cannabis Caucus, said in a public statement that he hopes Biden’s latest actions are not his last to address federal cannabis policy reform.
“I am hopeful that today’s welcome news will not be President Biden’s last act to promote justice and rectify the ongoing harms of the failed war on drugs,” Blumenauer said.
