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- posted: Dec. 15, 2022
- Criminal Defense
The Biden administration announced that the President will issue pardons for federal marijuana possession offenses. Biden has already ordered the administration to act on the pardons by way of a presidential proclamation.
The pardons apply to those convicted of “simple possession,” meaning that the defendant only held a small amount of the narcotic for his or her own personal use. Those convicted of more serious drug crimes, such as possession with intent to distribute marijuana, are ineligible.
The President’s action will absolve thousands of people of from criminal liability for simple possession. However, the pardons will only affect a very small percentage of those with marijuana related convictions. The vast majority of marijuana cases fall under state jurisdiction. More than 95 percent of all marijuana possession charges are brought by state rather than federal authorities. The President can only pardon those charged in the federal system or in the District of Columbia.
Biden’s decision is meant to encourage state governments to pardon those with marijuana possession convictions. The pardons are also designed to facilitate reviews of both federal and state drug laws. Marijuana is strictly prohibited under federal law. However, many states have legalized the use of marijuana for medicinal and/or recreational purposes. While many politicians want to legalize marijuana throughout the nation, the effort seems to lack enough popular support for Congress to act on the matter.
One of the other reasons for the President's action is to address racial disparity in marijuana prosecutions. Studies have shown that white people and black people use marijuana recreationally at about the same rate. However, black people and other minorities are charged with marijuana possession at a rate nearly four times higher than white people. The administration views the disparity as evidence that various police agencies and prosecutors discriminate based on race or ethnicity. Biden intends to use the pardon power of the office of the President to address social inequities that are purportedly driven by widespread racism.
At the Polansky Law Firm, located in Boulder, we have the knowledge, skill and experience to effectively represent our clients in drug crime cases. If you or a family member is facing either state or federal marijuana charges, feel free to contact us online or call 303-415-2583 for an initial consultation.
