In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substanc...
In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code). As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities. Through this proclamation, consistent with the grant of Proclamation 10467, I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana. Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of:
(1) section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana;
(2) section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;
(3) section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and
(4) provisions in the Code of Federal Regulations, including as enforced under the United States Code, that prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).
My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in paragraphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations consistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled substances or activity beyond simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.
Pursuant to the procedures in Proclamation 10467, the Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications for certificates of pardon and shall issue such certificates of pardon to eligible applicants in due course.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth.
Good point, I revised it to say "including those not yet prosecuted." (Titles suck at giving context, I almost have some sympathy for title editors of newspapers.)
Which, of course, is related to the criminal justice process against acts committed on or before this date. If you're caught smoking a joint tomorrow, you don't qualify for this blanket pardon.
However, the fact that this blanket pardon exists suggests that a "refresh" of this blanket pardon would likely exist in the future, extending the cutoff date further. That should have the effect of making simple possession or use charges at the federal level far less common, i.e., they would be used only to gain leverage on someone suspected of a greater crime, and not as the major charge. (I'm not saying that's "right," just saying that's the reality.)
Unfortunately that can only be done without a senate resolution. Please remember to write your congressman.
In the meantime Biden has appealed to the DEA to review rescheduling the drug to a lower classification. Along with these pardons he has done everything in his power.
But a very intentional move by the Nixon Administration (per his former aide John Erlichman) to target young and black voters with cannabis offenses to render them felons ineligible to vote.
Probably not, since his charge seems to be Sections 922(g), which is in possession of a firearm while being an unlawful user of a controlled substance.
I get that he's doing what he is limited to. My concern is the optics of this are being overblown. Pot will never instantly or universally become legal.
It took a single pen stroke to get marijuana added to the schedule 1 list...and that wasn't even from the President, it was his (Nixon's) AG.
There was no legal process, no legislation, no oversight, no anything. Just an order to the DEA to arbitrarily add it to the list because Big Dick wanted to wage war on the hippies.
He's done it unilaterally several times for small populations of people.
He doesn't need SCOTUS. SCOTUS' role here is just to run cover so he can present the appearance of acting on his promise without taking money out of the assholes who fund his campaign.
biden wants this to be state by state just like abortion and voting and everything else
half ass measures that put more people at risk than it actually helps
now this state by state issue has militarized enforcers of state laws with no accountability
want more rights like the state beside you? laws are being put in place to keep people in their own states as well from taking away the rights to vote even increases in taxes if one moves states just to keep people stuck
biden is pure trash for perpetuating this cycle just like his policies of just helping the district and federal land he is on selfish prick has a whole country he needs to get right and he is worried about a small part of it
baby steps are nice and needed but doing everything in small enough increments that no progress occurs or is seeable is not getting us anywhere my grandfather has heard that line his whole life