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| Photo Credit: AP. |
WASHINGTON (AP) — President Joe Biden is pardoning thousands of Americans convicted of “simple possession” of marijuana under federal law, as his administration takes a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color.
Biden’s move
also covers thousands convicted of the crime in the District of Columbia. He is
also calling on governors to issue similar pardons for those convicted of state
marijuana offenses, which reflect the vast majority of marijuana possession
cases.
Biden, in a
statement, said the move reflects his position that “no one should be in jail
just for using or possessing marijuana.”
“Too many
lives have been upended because of our failed approach to marijuana,” he added.
“It’s time that we right these wrongs.”
According to
the White House, no one is currently in federal prison solely for “simple
possession” of the drug, but the pardon could help thousands overcome obstacles
to renting a home or finding a job.
“There are
thousands of people who have prior Federal convictions for marijuana
possession, who may be denied employment, housing, or educational opportunities
as a result,” he said. “My action will help relieve the collateral consequences
arising from these convictions.”
The pardon
does not cover convictions for possession of other drugs, or for charges
relating to producing or possessing marijuana with an intent to distribute.
Biden is also not pardoning non-citizens who were in the U.S. without legal
status at the time of their arrest.
The
announcement marks Biden’s reckoning with the impact of 1994 crime legislation,
which he supported, that increased arrest and incarceration rates for drug
crimes, particularly for Black and Latino people.
The
Department of Justice is working to devise a process for those covered by
Biden’s pardon to receive a certificate of pardon, which they can show to
potential employers and others as needed.
“The Justice
Department will expeditiously administer the President’s proclamation, which
pardons individuals who engaged in simple possession of marijuana, restoring
political, civil, and other rights to those convicted of that offense,” the
department said in a statement. “In coming days, the Office of the Pardon Attorney
will begin implementing a process to provide impacted individuals with
certificates of pardon.”
Biden is
also directing the secretary of Health and Human Services and the U.S. attorney
general to review how marijuana is scheduled under federal law. Rescheduling
the drug would reduce or potentially eliminate criminal penalties for
possession. Marijuana is currently classified as a Schedule I drug, alongside
heroin and LSD, but ahead of fentanyl and methamphetamine. The White House did
not set a timeline for the review.
But Biden
said he believes that as the federal government and many states ease marijuana
laws, they should maintain limitations on trafficking, marketing and underage
sales.
The move by
Biden puts the federal government on course with other big cities like New York
that have been moving toward decriminalizing low-level marijuana arrests for
years. But there’s a big divide in the nation as some police departments still
believe the drug leads to more serious crime and ignoring low-level offenses
emboldens criminals.
Advocacy
groups praised Biden’s announcement, with Kassandra Frederique, the executive
director of the Drug Policy Alliance, saying the organization was “thrilled.”
“This is
incredibly long overdue,” said Frederique. “There is no reason that people
should be saddled with a criminal record — preventing them from obtaining
employment, housing, and countless other opportunities — for something that is
already legal in 19 states and D.C. and decriminalized in 31 states.”
It remains
to be seen whether governors follow Biden’s lead. Erik Altieri, executive
director of the National Organization for the Reform of Marijuana Laws, said
extending the action to states could help millions of Americans.
“Since 1965,
nearly 29 million Americans have been arrested for marijuana-related violations
— for activities that the majority of voters no longer believe ought to be a
crime,” he said.
Chris
Goldstein, 46, was arrested after smoking half a joint during a marijuana
legalization protest at Independence Hall in Philadelphia in 2013. He paid a
$3,000 fine and spent two years on probation.
“As someone
who voted for President Biden, I’ve been expecting this from the first day he
came into office,” Goldstein said. “This was a campaign promise.”
As a writer
and activist who has been public about his conviction, he’s not sure that his
criminal record was an obstacle to him getting a job, but he knows that it
shows up in his background checks. And he’s shied away from visiting other
countries because convictions can complicate international travel.
“I’m
thrilled, and everyone like me is going to be just as thrilled,” he said.
Rev. Al
Sharpton, the president of the National Action Network, said Biden’s “righteous
action today will give countless Americans their lives back.” But he added,
“The United States will never justly legalize marijuana until it reckons with
the outdated policies that equated thousands of young Black men with hardened
drug pushers.”
The move
also fulfills one of the top priorities of the Democratic nominee in one of
their party’s most critical Senate races, as Pennsylvania Lt. Gov. John
Fetterman has repeatedly pressed Biden to take the step, including last month
when they met in Pittsburgh.
Fetterman,
in a statement, took credit for elevating the issue on Biden’s agenda and
praised the decision, calling it “a massive step towards justice.”
“This action
from President Biden is exactly what this work should be about: improving
people’s lives. I commend the president for taking this significant, necessary,
and just step to right a wrong and better the lives of millions of Americans,”
he said.
AP writer
Colleen Long contributed.