What is simple marijuana possession?

Simple marijuana possession means that a person had a small amount of cannabis in their possession, with no intent to sell or distribute it. The charge must also not be connected with any crime, such a robbery or assault, for example. “These are very simple cases that are not mired down with any other criminal justice issue,” said Toi Hutchinson, CEO of the Marijuana Policy Project, a drug reform lobbying group. “These are the simplest, lowest hanging fruits to deal with.” Conspiracy, distribution and possession with intent to distribute and other charges involving marijuana beyond simple possession are not covered by Biden’s announcement.

How many people will Biden’s pardons impact?

The White House estimates that about 6,500 people nationwide have federal convictions for simple possession of marijuana on their records since 1992. The announcement would also apply to people convicted before 1992, but the government does not have data before that year. But the pardon also applies to residents of Washington who were convicted of simple possession in D.C. Superior Court, which is equivalent to a state-level, rather than a federal, court system. That is because D.C. is not a state, and what would otherwise be local charges in the nation’s capital are technically considered federal charges. City officials said they do not yet know the precise number of people Biden’s pardon would impact, but federal officials estimate it could be thousands.

Don’t states set their own marijuana-related laws? Why would people have federal marijuana convictions?

Yes, states determine whether marijuana is legal or decriminalized in their jurisdictions. But states are home to federal property — national parks, for example — and people arrested by park rangers or federal agents on those properties could face federal possession charges. In addition, at properties and services that receive federal funding, such as public housing or even college dorms, federal law supersedes local law; that means people can be arrested on possession charges even if they are in a state where marijuana is otherwise legal. People can also be charged with a federal crime if they transport marijuana between states.

How many people will be released from prison because of the announcement?

Zero. White House officials said there are no individuals currently in federal prison solely for simple possession of cannabis. However, most marijuana convictions historically have happened at the state level, and Biden urged governors to issue the same pardons as he did. While that could in theory result in some people jailed for state-level simple possession being released, many states have already legalized simple possession or are no longer prosecuting those cases. Those that still prosecute simple possession could ignore Biden’s advocacy. At the same time, simple possession rarely, if ever, results in a lengthy jail sentence. “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,” Biden said in his announcement Thursday.

Will people have their criminal records expunged?

No. A pardon only means forgiveness of a crime, it does not mean that someone is considered innocent, or that a conviction will be erased from their records. The Justice Department said a pardon would remove “civil disabilities,” which include restrictions on the right to vote, to hold office or to sit on a jury. So while it does not clear a person’s record, Biden’s action could ultimately help people get back to the voting booth or jury box, or secure employment.

What is the difference between decriminalization and legalization?

Possessing or consuming marijuana in a jurisdiction where it is decriminalized carries civil penalties, such as fines, instead of criminal ones. That stops short of legalization, which generally means a person may consume and possess small amounts of cannabis if they are at least 21 years of age, just like they may purchase and consume alcohol.

Does Biden’s pardon mean marijuana will soon be decriminalized throughout the United States?

The president did not go that far in his announcement, and decriminalizing marijuana is a responsibility that would fall more directly to Congress. But the Biden administration review of marijuana’s classification level, to be led by Health and Human Services Secretary Xavier Becerra and Attorney General Merrick Garland, could address long-standing questions over whether the possession of marijuana should ultimately be decriminalized at the federal level. Advocates applauded Biden’s announcement, but said they hope the administration goes further, lifting restrictions on financial institutions working with cannabis companies and making marijuana accessible to all without penalty. “There is so much work to be done to undo 90 years of unjust drug policies,” Hutchinson said. “This pardon, while welcome for 6,500 people, is just a drop in the bucket and can’t get in the way of banking reform and full legalization.

Justice

Your questions answered about Biden’s marijuana pardon announcement

The pardon would affect thousands of people, none of whom are known to be in prison or jail

By Perry Stein

Updated October 7, 2022 at 7:25 p.m. EDT|Published October 7, 2022 at 2:03 p.m. EDT

A demonstrator waves a flag with marijuana leaves depicted on it during a protest calling for the legalization of marijuana, outside of the White House in 2016. President Biden is pardoning thousands of Americans convicted of simple possession of marijuana under federal law, as his administration takes a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color. (Jose Luis Magana, AP File)

President Biden announced Oct. 6 that he would grant mass pardons for anyone convicted of a federal crime for simple possession of marijuana, a step long sought by advocates as many states are legalizing cannabis for recreational use and reckoning with the reality that criminalization has disproportionately impacted communities of color.

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The president also said his administration would expedite a review of whether marijuana should continue to be listed as a Schedule I substance, a classification that also applies to heroin, LSD and ecstasy.

Here’s what to know about his announcement — and who it would impact and how.