By Pat Anson, PNN Editor

President Joe Biden is pardoning everyone who has been convicted of simple marijuana possession under federal law and is urging governors to take similar action for those convicted of possession under state laws.

Biden’s blanket pardon will affect over 6,500 people who have been convicted or charged with federal offenses for marijuana possession. If governors join in, it could potentially impact millions of others who have been convicted of possession under state laws and now have criminal records. The pardon does not alter federal or state laws that prohibit marijuana trafficking, marketing and under-age sales.

“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities,” Biden said in a statement. “Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.” 

The mass pardon partially fulfills a campaign promise made by Biden during the 2020 election campaign and begins the process of changing marijuana’s status under federal law. Biden said he would ask Attorney General Merrick Garland to “expeditiously” review how marijuana is classified.

Marijuana was classified by the DEA as a Schedule I controlled drug in 1970, on the same level as heroin and LSD, which means it has “no currently accepted medical use.” That classification now makes little sense, with 37 states and the District of Columbia having legalized medical marijuana as a treatment for chronic pain and other health issues.

“We are pleased that today President Biden is following through on this pledge and that he is also encouraging governors to take similar steps to ensure that the tens of millions of Americans with state-level convictions for past marijuana crimes can finally move forward with their lives,” said Erik Altieri, Executive Director of the National Organization for the Reform of Marijuana Laws (NORML).  

Altieri said the DEA should “deschedule” marijuana under the Controlled Substances Act, and not just change its status to a less restrictive Schedule II or III level. Descheduling would amount to full legalization.

“Nearly half of voters now agree that legalizing marijuana ought to be a priority of Congress, and such action can only be taken by descheduling cannabis and repealing it from the US Controlled Substances Act — thereby regulating it in a manner similar to alcohol,” he said.

In 2020, the House passed legislation to decriminalize marijuana at the federal level, but the bill never came to a vote in the Senate, then controlled by Republicans. Legalization would appear unlikely if the 2022 midterm elections result in the GOP taking control of either the House or Senate.

Last week, a House GOP caucus released a “Family Policy Agenda” saying Congress should not legalize marijuana. The report claimed legalization at the state level “led to an explosion of marijuana use among children, which is having a hugely negative impact on their health.”

More Americans are now using marijuana and cannabis-based products to manage their pain than pharmaceutical drugs. A 2021 Harris Poll found that 16% of adults are using cannabis or CBD for pain relief, compared to 8% who use opioid medications and 11% who use non-opioid pain relievers.