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'Needless barriers': Biden grants sweeping pardon for those who 'committed or were convicted of' simple possession or use of marijuana



President Biden announced that he would pardon any citizen or lawful permanent resident convicted on charges related to simple marijuana use or possession.

Through a proclamation of a presidential pardon, Biden announced that individuals who committed or were convicted of simple possession of marijuana in violation of the Controlled Substances Act would be pardoned. The pardon applies to anyone charged on or before December 22, 2023.

"As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities," the president reportedly wrote. "Through this proclamation ... I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana."

The pardon also mentioned that it applied to individuals "whether they have been charged with or prosecuted for" any of the offenses.

The president's letter went on to state that the pardon does not apply to any other controlled substances or activity beyond simple possession, such as the intent to distribute or driving offenses committed while under the influence of marijuana. It also explicitly stated that the pardon does not apply to non-citizens who were "not lawfully present in the United States at the time of their offense."

The announcement noted not only a pardon for federal violations but also for violations under the code of the District of Columbia.

Officially, the laws covered were as follows:

  1. Section 844 of title 21, United States Code, and section 846 of title 21, United States Code; which prohibit the simple possession of marijuana or the attempted simple possession of marijuana
  2. Section 48-904.01(d)(1) of the D.C. Code that prohibited simple possession of marijuana
  3. Section 48-904.09 of the D.C. Code that prohibited attempted simple possession of marijuana
  4. Provisions in the Code of Federal Regulations and the United States Code that "prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified"

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