Who does Biden’s marijuana pardon affect?

Biden announced pardons for anyone convicted of federal crimes for simple possession of marijuana, and urged governors around the country to do the same. “Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either,” Biden tweeted . While no one is currently serving time in federal prison solely for the crime of simple marijuana possession, about 6,500 people have such convictions on their records , and thousands of additional residents in D.C., which is subject to federal law, could also be pardoned. Previous criminal convictions can have lasting impacts on employment, housing and educational opportunities — effects that have disproportionately impacted Black communities. An American Civil Liberties Union study found that between 2010 and 2018, Black people were arrested at 3.64 times the rate of White people nationally for possessing marijuana, even though Black and White people use marijuana at similar rates. A study the group released in 2013 found that police in D.C. were eight times more likely to arrest Black people than White people for possession. Biden also called for his administration to expedite a review of how law enforcement classifies marijuana, which currently sits on the Schedule I substance list alongside heroin and LSD.

Is marijuana legal in Washington, D.C.?

Yes. In 2014, District voters passed Initiative 71, a referendum that legalized the possession of up to two ounces of marijuana for recreational use for adults 21 and older. Because the District is not a state and lacks autonomy, Congress can interfere in the District’s laws. In 2015, Congress passed a budget rider that stymied plans to set up a regulated retail market, so pot remains illegal to buy or sell . Instead, a market of “gifting” shops emerged, through a legal loophole, where customers can buy an item such as a lighter, mask or motivational speech for $40 and receive a free “gift” of marijuana with their purchase. The District also has seven regulated medical marijuana dispensaries, which are subject to taxes. The D.C. Council recently moved to allow D.C. residents 21 and older to be able to self-certify their eligibility for medical marijuana in an attempt to support the city’s medical marijuana industry, which lawmakers say has lost business to “gifting” shops.

How will the president’s move impact D.C.?

Because the District lacks the autonomy of a state, the U.S. attorney’s office, rather than the District’s local prosecutor, prosecutes local marijuana laws, and only the president has the power to pardon people convicted of D.C. law violations. D.C. Mayor Muriel E. Bowser applauded the president’s move in a statement Thursday for “taking on an issue that continues to affect millions of American families and that has disproportionately hurt Black communities.” In the statement, Bowser outlined that without statehood, D.C. doesn’t have the power to move forward on establishing a legal recreational market or the power to pardon those with marijuana convictions in D.C. “Until we achieve statehood, Congress must move forward with removing the rider that prohibits DC from following through on the will of DC voters by establishing a safe and equitable adult-use market,” she said. In a statement, Racine said arrests for marijuana possession drastically dropped after legalization. Citing D.C. police data, Racine said there were 2,485 adult marijuana-related possession arrests in 2012 compared with 22 in 2015. Disparities in marijuana-related arrests have persisted in places where the substance has been legalized, even as the overall number of people arrested on related charges has plummeted.

Is marijuana legal in Virginia?

Yes. Last year, the Virginia State Legislature passed legislation legalizing possession of up to one ounce of marijuana and cultivation of up to four plants for adults over 21. The state has yet to establish a framework for a legal market, leaving it illegal to buy or sell cannabis. Unlike D.C., there is no loophole for legal gifting shops to operate. The state also has a medical marijuana program.

Is marijuana legal in Maryland?

Yes, but not recreationally. Maryland decriminalized possession of up to 10 grams of marijuana in 2014 with the punishment of a $100 civil fine. Then, in 2017, the first medical dispensaries opened under the state’s medical marijuana program. Voters will have the opportunity to legalize recreational possession next month during the general election.

The District

Biden announced mass marijuana pardons. What does that mean for D.C.?

By Karina Elwood

Updated October 7, 2022 at 12:56 p.m. EDT|Published October 7, 2022 at 11:23 a.m. EDT

More and more states are moving to legalize, with marijuana slated to appear on ballots across the country, including in Maryland. (Jahi Chikwendiu/The Washington Post)

President Biden’s announcement Thursday that he is pardoning all people convicted of simple possession of marijuana under federal law was met with cheers from D.C. officials who underscored the move’s impact for local residents.

“President Biden’s actions today are a bold step forward for fairness and justice. We know the over-criminalization of marijuana has disproportionately impacted Black and brown communities — and these impacts have been particularly severe in the District,” Karl A. Racine, attorney general of D.C., said in a statement.

The move could mean thousands of people convicted in D.C. see their records cleared, White House officials, speaking on background, estimated in a briefing with reporters.

On Oct. 6, President Biden pardoned thousands of people convicted of a federal crime for simply possessing marijuana and urged governors to do the same. (Video: Julie Yoon/The Washington Post)

The president’s announcement comes as more and more states move to legalize, with marijuana slated to appear on ballots across the country, including in Maryland. Currently, medical marijuana is legal in 37 states, and recreational marijuana is legal in 19 states. Medical and recreational marijuana are legal in the District of Columbia.

In the Capital region, marijuana is mostly legal in small amounts, but the laws can be complex. Here’s where marijuana stands in the area and how Biden’s move might affect D.C.: