The White House announced Dec. 12 that President Joe Biden is granting clemency to more than 1,500 Americans—setting a single-day record—by commuting sentences for 1,499 individuals and pardoning 39 others convicted of nonviolent crimes.
The nearly 1,500 individuals receiving commutations were placed on home confinement during the COVID-19 pandemic and have successfully reintegrated into their families and communities since, according to the White House. At one point during the pandemic, one in five prisoners had COVID-19 due to the virus being easily spread among inmates in close living quarters, The Associated Press reported in December 2020.
The 39 individuals receiving presidential pardons on Thursday—aged 36 to 79 years old—were convicted of nonviolent crimes, including at least 17 whose convictions were related to drug offenses. The White House did not say how many were cannabis-related drug offenses.
“As President, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for nonviolent offenders, especially those convicted of drug offenses,” Biden said in a White House statement.
“That is why, today, I am pardoning 39 people who have shown successful rehabilitation and have shown commitment to making their communities stronger and safer,” the president said. “I am also commuting the sentences of nearly 1,500 people who are serving long prison sentences—many of whom would receive lower sentences if charged under today’s laws, policies and practices.”
Biden said he plans to take additional steps before leaving office on Jan. 20, as his administration continues to review clemency petitions. His clemency act on Thursday bested a previous single-day record of 330 individuals who received commutations or pardons under President Barack Obama at the end of his second term, according to the AP.
The most recent act of clemency builds on Biden’s record of criminal justice reform to “reunite families, strengthen communities and reintegrate individuals back into society,” according to the White House.
Earlier in his term, Biden became the first president to issue categorical pardons to individuals convicted of simple use and possession of cannabis.
While it’s still unclear if any of the 39 pardons issued this week dealt with cannabis-related offenses, Cannabis Business Times has learned that at least five of the 1,499 individuals receiving commuted sentences were Last Prisoner Project (LPP) cannabis constituents: Thomas Anderson, Rory Meeks, Matthew Nicka, Flavio Tamez and Danny Harmon. The criminal justice organization provided direct legal representation and advocacy to support their clemency.
Anderson, in particular, served 10 years of his 15-year cannabis sentence after a jury found him guilty of conspiracy to distribute cannabis and money laundering. Now 38, Anderson was transferred to home confinement in 2023 under the Coronavirus Aid, Relief, and Economic Security (CARES), for which he was released to live with his parents in St. Louis. He is currently employed full-time, according to LPP.
“We are heartened to see the president using his clemency power more robustly and are eager to see more action before he leaves office,” LPP Executive Direct Sarah Gersten said in a statement. “It’s clear from the White House’s statement that the administration sees nonviolent drug offenders, and particularly those impacted by unjust cannabis offenses, as a critical category of clemency recipients deserving relief.”
A complete list of the 1,538 individuals receiving commuted sentences or pardons is available here.
Thursday’s act of clemency follows Biden’s previous actions throughout his administration, including:
- In April 2022, the president granted clemency to individuals with various drug-related offenses and some individuals on CARES Act home confinement. In total, he granted three pardons and 75 commutations.
- In December 2022, the president granted clemency to recipients with various drug- and alcohol-related offenses. In total, he granted six pardons.
- In April 2023, the president granted clemency to recipients on CARES Act home confinement. In total, he granted 31 commutations.
- In December 2023 and April 2024, the president granted clemency to individuals sentenced for nonviolent drug offenses. In total, he granted 11 pardons and 16 commutations.
Biden has also taken categorical approaches to clemency for cannabis-related offenses, including:
- In October 2022, Biden issued a full, complete, and unconditional categorical pardon for the offense of simple possession of cannabis.
- In December 2023, Biden issued another proclamation that expanded earlier relief for the offenses of simple possession of cannabis, attempted simple possession of cannabis or use of cannabis, regardless of whether the individual had been charged with or prosecuted for the offenses on or before the date of the proclamation.
“The president’s categorical approach to clemency has also inspired leaders across the country to take similar action,” according to the White House. “Over 10 states and localities, including Maryland and Massachusetts, have issued categorical clemency for marijuana convictions, impacting hundreds of thousands of people and allowing individuals to move past their convictions and move on with their daily lives.”
