New Rule Affects a Total of ZERO Individuals in Federal Prison

Joe Biden on Thursday announced that he will pardon federal simple marijuana possession convictions. However, this is being heralded as a political move as there are currently zero individuals in federal prison with solely “simple possession of marijuana” charges. According to ABC News:

President Joe Biden on Thursday announced he’s pardoning all Americans who’ve been convicted of simple marijuana possession under federal law, coming closer to keeping a 2020 campaign promise to decriminalize the drug a little more than a month before the midterm election.

The executive action will benefit 6,500 people with prior federal convictions and thousands of others charged under the District of Columbia’s criminal code, according to senior administration officials. Elaborating on the number of people affected, officials said, “there are no individuals currently in federal prison solely for simple possession of marijuana.”

“As I said when I ran for President, no one should be in jail just for using or possessing marijuana,” Biden tweeted in an unusual video statement. “It’s legal in many states, and criminal records for marijuana possession have led to needless barriers to employment, housing, and educational opportunities. And that’s before you address the racial disparities around who suffers the consequences. While white and Black and brown people use marijuana at similar rates, Black and brown people are arrested, prosecuted, and convicted at disproportionate rates.”

First: I’m pardoning all prior federal offenses of simple marijuana possession. There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden.

Second: I’m calling on governors to pardon simple state marijuana possession offenses. Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either.

Third: We classify marijuana at the same level as heroin – and more serious than fentanyl. It makes no sense. I’m asking Secretary Becerra to initiate the process of reviewing how marijuana is scheduled under federal law.

I’d also like to note that as federal and state regulations change, we still need important limitations on trafficking, marketing, and underage sales of marijuana.
Sending people to jail for possessing marijuana has upended too many lives – for conduct that is legal in many states. That’s before you address the clear racial disparities around prosecution and conviction. Today, we begin to right these wrongs.