President Joe Biden announced Friday he’s issuing a federal pardon to every American who has used marijuana in the past, including those who were never arrested or prosecuted.
The sweeping pardon applies to all U.S. citizens and lawful permanent residents in possession of marijuana for their personal use and those convicted of similar federal crimes. It does not apply to individuals who have been jailed for selling the drug, which is illegal under federal law.
The implication of Biden’s pardon promises to be far-reaching, as criminal records for marijuana use and possession have imposed barriers to employment, housing, and educational opportunities for millions of Americans.
However, this pardon does not apply for people who violated state law, which varies widely across the country. According to the Marijuana Policy Project, 18 states and the District of Columbia have legalized marijuana for adults 21 and older, while 36 states have medical marijuana programs. The remaining states have either decriminalized or prohibited marijuana.
In a statement, Biden said Americans should not be sent to prison solely for using or possessing marijuana. He urged governors to follow his lead and forgive state offenses.
“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs,” Biden said.
Biden’s pardon comes amid growing public support for marijuana legalization and reform. According to a Gallup poll conducted in November 2022, 68% of Americans favor legalizing marijuana, the highest percentage in the history of the survey.
Biden also commuted the sentences of 11 people he said are “serving disproportionately long sentences for non-violent drug offenses” and would have received lesser sentences if they were charged today. Among them are Michael Pelletier, who was sentenced to life in prison for smuggling marijuana from Canada in 2005, and Corvain Cooper, who was sentenced to life in prison for conspiracy to distribute marijuana in 2014.
The president’s action was welcomed by advocates and activists who have been calling for an end to the war on drugs and the racial disparities it has created.
According to the American Civil Liberties Union, Black people are 3.6 times more likely to be arrested for marijuana possession than white people, despite similar usage rates.
