President Joe Biden announced that he would pardon anyone with a federal conviction of simple possession of marijuana, his first step toward delivering on a campaign promise to decriminalize marijuana.
"No one should be in jail just for using or possessing marijuana," Biden said Oct. 6. "Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit."
Federal officials told reporters that no Americans are currently serving time in prison solely on a federal simple marijuana possession charge, however the number who have been charged is around 6,500 from 1992 to 2021, The New York Times found.
Biden also asked the attorney general and Health and Human Services secretary to "expeditiously" initiate the administrative process to review how marijuana is scheduled under federal law.
Federal law currently classifies marijuana as a Schedule 1 drug under the Controlled Substances Act, the classification meant for the most dangerous substances including heroin and LSD.
Nineteen states and the District of Columbia have legalized small amounts of marijuana for adult recreational use as of May, according to the National Conference of State Legislatures. As of Feb. 3, 2022, 37 states and the District of Columbia allow the medical use of cannabis products.
Under federal law, someone convicted of marijuana possession can face one year in jail for a first offense, and two or three years for subsequent offenses. But state or local law enforcement make the majority of the arrests and state penalties vary.
Biden asked governors to also issue similar pardons for state offenses.
Some governors and local elected officials have taken steps to decriminalize simple possession of marijuana. Birmingham, Alabama, Mayor Randall Woodfin announced in 2021 that the city would pardon 15,000 people convicted of misdemeanor marijuana possession charges in municipal court between 1990 and 2020. In Pennsylvania, more than 3,500 have applied for pardons in a program launched by Democratic Gov. Tom Wolf and Lt. Gov. John Fetterman.
Biden's announcement comes about one month before the midterm elections as Republicans have sought to portray Democrats as weak on crime. But polls have consistently shown majority support among Americans for legalizing marijuana.
Biden's actions do not fully decriminalize marijuana, but decriminalization advocates said it was a step toward his promise.
We will check back to see whether federal officials take any additional steps to decriminalize marijuana, including the outcome of the scheduling review by federal officials. But for now, we rate this promise In the Works.
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