President Biden Issues Proclamation Granting Cannabis Clemency
By Lauren Mendelsohn
December 22, 2023
Today, United States President Joseph Biden issued an official proclamation granting a pardon to Americans who have been convicted of, charged with, attempted to, or did use or possess marijuana for personal use in violation of U.S. federal law or Washington, D.C. city law. The full proclamation can be read here, and a statement released concurrently with the proclamation can be read here.
The proclamation grants “a full, complete, and unconditional pardon” to U.S. citizens and lawful permanent residents who have violated any of the following prior to today’s date, whether or not they have been convicted:
“(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).”
Applications for pardon certificates will be made available for individuals to submit, which will be reviewed by the Pardon Attorney in the Office of the Attorney General.
This proclamation follows a similar one made in 2022, as well as a historic move by the U.S. Department of Health and Human Services to recommend that cannabis be moved from Schedule I to Schedule III earlier this year. We previously wrote about President Biden’s earlier cannabis clemency proclamation here and here, and about the HHS rescheduling recommendation here.
While this latest proclamation is a step in the right direction towards removing criminal penalties from non-violent cannabis-related offenses, it is limited in many ways. For example, as noted above, it only applies to individuals who were U.S. citizens or lawful permanent residents at the time of the offense, and does not extend to anyone who was visiting the U.S. or was living here undocumented. It is also limited to simple possession and use of cannabis, and does not cover transportation, possession for sale, distribution, or other offenses that individuals are commonly charged with in connection with cannabis use or possession, nor does it cover simple use or possession of any other controlled substance.
This is a developing story; stay tuned to our blog for further updates.
This information is provided as a public educational service and is not intended, nor should be construed, as legal advice. For specific questions regarding California, New York, or federal cannabis laws, please contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential consultation.