President Joe Biden’s issue of pardon for certain simple marijuana crimes was reported on Friday, and showed the government’s attempts to advance their position on Cannabis.
In his statement, the President added that the step was part of the efforts to reform the criminal justice system and make equal justice a reality.
How would this step be beneficial?
The reason behind reducing the consequences for simple cases of marijuana possession is that once someone is convicted for such a crime, they are affected for life. Even after they are released, they fail to secure jobs and housing loans because their conviction is revealed through a simple background check and it, essentially blacklists them for life.
“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” the President said.
He added, “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”
What does the pardon actually do?
The pardon, however, as has been suggested by experts would not really do much for anybody. It only pardons people convicted of simple possession under federal law which would mean that it does not apply to state-level possession crimes and is restricted to possession and use in federal lands and Washington D.C. alone.
Furthermore, experts have claimed that it is rare for people to be convicted on federal lands for marijuana possession. The U.S. Sentencing Commission’s data also shows that federal sentencing for simple marijuana crimes has been on the decline over the recent years.
People with previous convictions related to federal marijuana charges, excluding those involving intent to sell or driving under the influence, can seek pardon through the Justice Department. Upon approval, the White House ensures they receive a pardon certificate, aiming to eliminate previous barriers to employment and housing opportunities.
In Pennsylvania alone, there are approximately 50,000 individuals facing charges related to cannabis offenses each year. Nationally, even with the legalization of marijuana in some states, the yearly number of people charged with various cannabis possession offenses is more than half a million.
President Biden has expressed his encouragement for state governors to follow in pardoning individuals convicted of similar state court offenses. He emphasized the belief that no one should be incarcerated at the federal level solely for the use or possession of marijuana and that the same principle applies to local jails or state prisons.
How do the drug laws disproportionately affect races?
There has been a tendency to racially profile people of color and this prejudice and implicit bias has been observed even in the justice system. The whole “war on drugs” phase specifically targeted people belonging to lower socio-economic communities and of particularly certain racial neighborhoods.
Vice President Kamala Harris stated that every American is entitled to fundamental rights, including equal justice under the law. She has also acknowledged in her statement that historically, a significant number of people in the U.S, particularly those belonging to communities of color have been deprived of this fundamental right due to unfair and inequitable drug policies.
Harris argued that such policies have not contributed to the safety of communities and have disproportionately affected individuals based on their race or ethnicity. This addresses the disparities and injustices that are prevalent in the country’s drug policies and are impacting marginalized communities.
Where does the U.S. stand on the legalization of Marijuana?
A 2023 Gallup poll revealed that 70% of Americans support the legalization of marijuana. Despite this, the Drug Enforcement Administration continues to categorize marijuana as a Schedule I drug which indicates a high potential for abuse similar to substances like heroin, LSD, and ecstasy. Currently, the DEA is under consideration to reclassify marijuana as a Schedule III drug. This step, if taken, would mark progress but falls short of complete decriminalization. Notably, 23 states and Washington D.C. have legalized trace amounts of cannabis for recreational use.
Recently, the DEA quashed Georgia’s attempts to allow the sale of medical marijuana in pharmacies. Read more here.
