Biden delivers ‘unconditional pardon’ covering ‘simple possession’ marijuana charges

President Joe Biden delivered “a full, complete, and unconditional pardon” to those federally charged with ‘simple possession of marijuana’ on Thursday, restoring civil rights to thousands of Americans and taking a notable step toward decriminalization. 

“No one should be in jail just for using or possessing marijuana. It’s already legal in many states,” Biden said in an announcement video, particularly noting “the racial disparities around who suffers the consequences. While white and black and brown people use marijuana at similar rates, black and brown people are arrested, prosecuted and convicted at disproportionately higher rates.”

Along with the pardon of all prior federal offenses, Biden urged governors to “do the same with regard to sate offenses. Just as no one should be in 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 pardon doesn’t cover drug possession charges for other drugs, only applies to those who were U.S. citizens at the time of their arrest, and doesn’t apply to charges related to distribution or production.

What it does do is “relieve the collateral consequences arising from these convictions” for those seeking housing, jobs and educational opportunities, Biden said.

He also directed Sec. of Health and Human Services Xavier Becerra and Attorney General Merrick Garland to deschedule marijuana from its current Schedule I status in the Controlled Substances Act. The classification covers the most dangerous substances: “The same schedule for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine—the drugs that are driving our overdose epidemic,” Biden said. 

The Attorney General, acting through the Pardon Attorney, will be responsible for distributing pardon certificates to eligible people.