Eligibility for Biden's Marijuana Pardon: Who Will Benefit and Who Will Not?

Thanks for the A2A. As the saying goes, 'I have no dog in this hunt.' While this is not a personal political stance, news reports indicate that the Biden administration's marijuana pardons will not apply to all who have been charged and convicted.

Who is Eligible for the Marijuana Pardon?

The Biden administration's marijuana pardon is aimed at those who were convicted of federal crimes related to marijuana possession under the Controlled Substances Act. This pardon exclusively applies to individuals who were convicted of federal offenses and not those convicted under state laws. Here are the specific criteria:

Eligible:

Anyone convicted of simple possession under federal law.

Not Eligible:

Anyone convicted in a state court (vast majority of marijuana possession convictions are state-level). Individuals convicted of other offenses such as possession with intent to distribute, trafficking, or distribution.

Impact of the Pardon

The pardon is an important step towards mitigating the harsh consequences of past marijuana laws. Approximately 150 individuals currently incarcerated will be released and pardoned, while around 6,500 to 7,000 people who have already served their time will be granted a pardon. This significant change reflects a shift in federal policy and aims to correct some of the injustices of the past.

Limitations of the Pardon

It's crucial to note that the eligibility criteria are strict. The vast majority of marijuana convictions (state-level) will not qualify for the pardon. This includes:

Individuals with charges related to state marijuana laws. Bushels of people arrested for possession who might have faced additional charges like resisting arrest or false reports made by law enforcement.

Thus, the pardon primarily benefits those who were caught in federal marijuana laws during a period of stricter federal enforcement.

Historical Context and Criticism

Much of the eligible population includes a disproportionate number of individuals of color, reflecting the disproportionate impact of marijuana laws on certain communities. It is widely believed that this is partially due to the legislation of the past, including the Crime Bill of 1994, which disproportionately affected minorities. The Biden administration acknowledges these realities and is working to rectify past wrongs.

Some critics argue that the attempt to pardon marijuana possession reflects more of a political move than a genuine attempt at social justice. They suggest that this is primarily an attempt to garner support among voters, particularly those in states that have legalized marijuana.

Conclusion

To summarize, the Biden administration's marijuana pardon is a significant legislative action that primarily targets those who were convicted under federal marijuana laws. It is not a blanket amnesty for all marijuana-related offenses. While this move is a positive step towards addressing past injustices, it falls short of addressing all impacted individuals.