President Biden Grants Pardon for Past Marijuana Use

President Joe Biden declared on Friday, December 22, that he would issue a federal pardon to every American who has used marijuana in the past, extending clemency to those never arrested or prosecuted for the drug.

This far-reaching pardon applies to all U.S. citizens, lawful permanent residents, and individuals in the District of Columbia found in possession of marijuana for personal use or convicted of similar federal offences.

However, it does not cover individuals incarcerated for selling marijuana, an activity deemed illegal under federal law, or other offences like driving under the influence of the substance. President Biden’s decision holds significant implications, particularly as criminal records related to marijuana use and possession often create barriers to employment, housing, and educational opportunities.

The pardon, in accordance with section 37 (1) (a) of the Virgin Islands Constitution Order, 2007, serves as a significant step toward decriminalising the drug and addressing disparities in charging practices that disproportionately affect people of colour. Individuals convicted of “simple possession” of marijuana under federal law, including those never charged, are eligible for pardon.

President Biden’s proclamation expands on a similar pardon issued last year, going further to forgive instances of simple marijuana use or possession under federal law, even for those who have never faced charges. The new directive also includes minor marijuana offences committed on federal property.

The White House estimates that thousands of individuals with federal and district convictions will be eligible for these pardons, announced just three days before the Christmas holiday. President Biden emphasised the need to rectify the impact of criminal records on Americans’ lives and called on governors to pardon state offences related to marijuana use and possession.

In a broader move, President Biden also commuted the sentences of 11 individuals serving disproportionately long terms for nonviolent drug offences, illustrating the administration’s commitment to criminal justice reform.

The Congressional Black Caucus lauded these pardons as a positive step forward in addressing racial disparities in drug sentencing, particularly for crack and powder cocaine offences. The American Civil Liberties Union praised President Biden’s actions as a powerful message of redemption while emphasising the importance of legislative changes to prevent future reversals.

To participate in President Biden’s programme, marijuana users must follow an application process outlined by the Department of Justice to obtain a certificate confirming their pardon under the broader presidential order, ensuring proof of clemency for employment or housing applications.

President Biden’s recent actions align with the administration’s recommendation to reschedule marijuana use to a lower offence earlier this year. With a record 70% of Americans supporting marijuana legalisation, the move reflects changing attitudes and a growing consensus on the need for reform. Recreational marijuana is now legal in 24 states and the District of Columbia, with medical marijuana widely accepted in 38 states.