Biden Administration Opens Pardon Request Applications For Federal Cannabis Possession Offenses

Federal cannabis prisoners who qualify for President Biden’s mass pardon can now begin applying for a “certificate of proof” demonstrating that they’re eligible for clemency.

The online application, which is run through the Office of the Pardon Attorney’s website, “allows eligible persons to submit documentation to the Office of the Pardon Attorney and receive a certificate indicating the person was pardoned on Oct. 6, 2022, for simple possession of marijuana.”

The DOJ noted in its Friday announcement that the pardon does not apply to state marijuana convictions, of which there remain ten of thousands around the country.

In order to qualify for this pardon, one had to have been charged or convicted with simple possession of marijuana before October 6, 2022, by either a federal court or DC Superior Court. Qualifying individuals also had to be US citizens or lawfully present in the U.S. both at the time of the offense and when Biden issued the pardon last year. This was a restriction cannabis and human rights advocates found disturbing.

Rep. Alexandria Ocasio-Cortez (D-NY) along with several other lawmakers sent a letter to Biden at the time urging him to pardon all simple marijuana possession offenses, regardless of immigration status.

Governors Could Do The Same

When Biden issued the pardon, he urged governors to do the same and pardon simple cannabis possession charges. Some governors did and some refused. Most decisions broke down along party lines. For example, Oregon Gov. Kate Brown (D) pardoned an estimated 45,000 individuals while Indiana Gov. Eric Holcomb (R) said he would not even consider pardoning anyone...and so it went.

Biden's Comments That Never Mention Decriminalization

Nevertheless, Biden reiterated his often-heard refrain about jailing people over a plant, causing many to wonder why he does not decriminalize it, especially in view of the fact that there is mass support across the political spectrum to do that. 

“No one should be in jail just for using or possessing marijuana,” said the president when he issued the mass pardons. “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.”