What political actions have to take place to decriminalize marijuana in the US?
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(CNN)
-- President Joe Biden announced Thursday that he will pardon people charged with simple marijuana possession at the federal level, but his decision does not affect broad groups of Americans and non-citizens charged with the same crime.
There is historical precedent for the massive application of presidential pardon power, but the size of Biden's pardon list stands out from his more recent predecessors.
The White House estimates that "6,500 people with prior federal convictions" and "thousands with those convictions under (Washington) law could benefit from this pardon."
While Biden is issuing a pardon on federal charges of simple marijuana possession, his action Thursday did not decriminalize the drug and it remains a federal crime to possess small amounts of marijuana on federal land.
Biden did announce an expedited review of how marijuana is addressed under federal law, a move that could change the way the drug is regulated in the United States and could help guide criminal laws.
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In the video announcing the decree, Biden said that "no one should be in jail just for using or possessing marijuana."
"It's legal in many states, and criminal records for marijuana possession have also placed unnecessary barriers to employment, housing, and educational opportunities," he continued.
“And that's without addressing the racial disparities among those who suffer the consequences.
And while white, black, and brown people use marijuana at similar rates, black and brown people have been arrested, prosecuted, and sentenced at disproportionate rates.”
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But despite those words, there is still a large group of people who will not benefit from Biden's recent actions: some he could have forgiven and others he does not have the power to forgive.
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Individuals Facing State Marijuana Charges
Among those whom Biden does not have the power to pardon are thousands of people facing state charges for simple possession of marijuana.
While Americans' behavior about marijuana use is changing (smoking marijuana is becoming more popular than smoking tobacco, and 19 states, two US territories, and the city of Washington have legalized small amounts of marijuana), There are still laws in most states that criminalize the possession of small amounts of marijuana.
The full scope of those who could be pardoned as a result of state leniency for simple marijuana possession remains unclear, but available police data analyzed by the American Civil Liberties Union (ACLU) found that in 2018 For example, there were almost 700,000 marijuana arrests, which represented more than 43% of all reported drug arrests.
However, not all drug arrests lead to charges or are classified as simple possession of marijuana.
The president's presidential clemency power is limited to federal criminal cases and does not extend to state criminal charges.
As part of his decision on Thursday, Biden called on governors to issue similar pardons to those with state convictions for marijuana-related crimes.
Noncitizens Federally Charged with Simple Marijuana Possession
Biden's executive order states that his pardon "does not apply to persons who are not citizens and not lawfully present in the United States at the time of their offense."
This suggests that undocumented immigrants will not be pardoned on existing federal charges for simple possession of marijuana.
But a senior administration official said Thursday that as a result of Biden's executive order, "no one who committed that crime could be prosecuted federally, at this time, based on that conduct."
The official made no distinction between citizens and non-citizens.
Data from the US Sentencing Commission indicates that during fiscal year 2021, about 72% of federal offenders in marijuana possession cases were non-citizens.
But it is unclear how many non-citizens count as being “lawfully” or “illegally” present in the country.
Matt Cameron, a Boston immigration attorney who also teaches immigration policy at Northeastern University, told CNN that the decision not to include non-citizens who were not lawfully present could have serious consequences for some people.
“If someone is in deportation proceedings or applying for a visa or a Green Card, and is charged with possession, it will be denied.
And he will not be eligible for a waiver,” he said.
He added: "You could be denied a Green Card and that would be for life."
People charged in the future with simple federal crimes for possession of marijuana
The Justice Department says federal marijuana possession offenses that occur after Oct. 6, 2022, the date of the presidential proclamation, are not exempt from future indictments.
“The decree pardons only those who committed crimes on or before October 6, 2022.
It has no effect on marijuana possession crimes that occur after October 6, 2022,” says the Justice Department.
However, the pardon applies to pending federal charges for simple possession of marijuana, including those for which there was no conviction before Oct. 6.
Individuals charged with other crimes
In a statement about his executive order, Biden emphasized that "even if federal and state regulation on marijuana changes, important limitations on trafficking, marketing and sale to minors must remain."
While Biden's pardons will affect thousands of people facing simple possession charges, the clemency act will not apply to all types of federal marijuana-related crimes.
“Conspiracy, distribution, possession with intent to distribute, and other marijuana-related charges are not excused by the decree,” the Justice Department says.
The Justice Department also says the pardon does not apply to people who were convicted of possessing multiple different substances in the same crime, including a charge related to the possession of marijuana and another controlled substance in a single crime.
"For example, if you were convicted of possession of marijuana and cocaine in a single offense, you do not qualify for a pardon under the terms of President Biden's proclamation," the Justice Department explained.
"If he was convicted of one count of simple possession of marijuana and a second count of possession of cocaine, President Biden's proclamation applies only to the count of simple possession of marijuana, not the count of cocaine possession."
The move is also not expected to get anyone out of prison.
The administration official who spoke to reporters Thursday said "there are currently no people in federal prison solely for simple possession of marijuana."
Individuals seeking additional guidance on federal pardon eligibility and procedures should visit https://www.justice.gov/pardon for more information.
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