WASHINGTON — 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 affect 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 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 said. “It’s time that we right these wrongs.”
According to the White House, no one is 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.”
Cook County State’s Attorney Kim Foxx applauded the move in an email statement Thursday. “I am heartened to see the Biden administration take this momentous step towards justice and equity. It has been long understood that the war on drugs was a war on Black and Brown communities.
“This step, which mirrors efforts passed here in Illinois in 2019 is well overdue and an historic first step to repair the harm caused to these communities,” Foxx said.
Margo Vesely, executive director of Illinois chapter of the National Organization for the Reform of Marijuana Laws (NORML), said she welcomed Biden’s announcement Thursday.
“It’s about time we see some movement happening,” she said when reached by phone.
Vesely said, in addition to the pardons, Biden’s announcement indicating marijuana could be rescheduled from a Schedule 1 narcotic — on par with drugs like heroin — was a sign that larger changes to marijuana policy could be coming at the federal level.
“We would like to see the schedule changed to a 4 or 5,” Vesely said. “That would allow it to be prescribed” by an authorized physician.
Biden said he was 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.
Jermont Montgomery, a deputy director with the Illinois NORML, said that while the pardons will benefit the thousands who receive them, the president has not gone far enough yet.
“We need a comprehensive plan on marijuana,” he said. “To me, I don’t think it’s the best gesture he could have announced.”
Still, Montgomery said he took it as a good sign that more changes could be coming and said he understands the hardship faced by people who have marijuana convictions on their record.
In the early ’90s, Montgomery said he was charged in state court with manufacture and/or delivery of marijuana when he was arrested with a friend who sold pot. He was sentenced to probation but spent a year in prison after picking up a violation, he said.
“I have been turned down for jobs because of it,” he said. “There were internships [in college] I couldn’t get because of my record.”
“But this is setting a precedent that [Biden] is leaning toward reform,” he added.
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 par 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.
The move also fulfills one of the top priorities of the Democratic nominee in one of its party’s most critical Senate races, as Pennsylvania Lt. Gov. John Fetterman has repeatedly pressed Biden to take the step.
