Spyke
law·Lawbyfpslem

Biden pardons all offenses of simple possession/use of marijuana (even those not yet prosecuted)

In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code). As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities. Through this proclamation, consistent with the grant of Proclamation 10467, 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. Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of:

(1) section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana;

(2) section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;

(3) section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and

(4) provisions in the Code of Federal Regulations, including as enforced under 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, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).

My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in paragraphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations consistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled substances or activity beyond simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.

Pursuant to the procedures in Proclamation 10467, the Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications for certificates of pardon and shall issue such certificates of pardon to eligible applicants in due course.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth.

JOSEPH R. BIDEN JR.

Biden pardons all offenses of simple possession/use of marijuana (even those not yet prosecuted)https://www.whitehouse.gov/briefing-room/presidential-actions/2023/12/22/a-proclamation-on-granting-pardon-for-the-offense-of-simple-possession-of-marijuana-attempted-simple-possession-of-marijuana-or-use-of-marijuana/Open linkView original on lemmy.world
lemmy.world

Title is wrong: NOT future. Only “on or before the date of this proclamation.” (I don’t think it’s possible to pardon people in the future)

90

Good point, I revised it to say "including those not yet prosecuted." (Titles suck at giving context, I almost have some sympathy for title editors of newspapers.)

17

You can't pardon future offenses. Would be a great way to setup crimes otherwise.

10
Leeksreply
kbin.social

While I don’t know if this is legal, I think the poster is pointing towards the following line for the future part

regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation

Looking at this site, the poster is misinterpreted the line

7

Yep. I just fixed it. As I read it, future offenses are not covered, but future prosecutions of offenses having already occurred are covered.

12
Nougatreply
kbin.social

Which, of course, is related to the criminal justice process against acts committed on or before this date. If you're caught smoking a joint tomorrow, you don't qualify for this blanket pardon.

However, the fact that this blanket pardon exists suggests that a "refresh" of this blanket pardon would likely exist in the future, extending the cutoff date further. That should have the effect of making simple possession or use charges at the federal level far less common, i.e., they would be used only to gain leverage on someone suspected of a greater crime, and not as the major charge. (I'm not saying that's "right," just saying that's the reality.)

6
vzqreply
lemmy.blahaj.zone

However, the fact that this blanket pardon exists suggests that a "refresh" of this blanket pardon would likely exist in the future, extending the cutoff date further.

In fact, this is the refresh of the 2022 pardon and he’s making a point to note that. This is as close as you can get to a yearly pardon without running into gnarly constitutional issues. It’s a new magic Christmas tradition.

5
Nougatreply
kbin.social

Why didn't I notice that? Thank you for pointing it out, and have a happy Don't Break Anything Day.

3

have a happy Don't Break Anything Day

Thank you! You too!

Now I’ll just upgrade the schema of the production database and head out the door!

2
lemmy.world

on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana

Not a pardon of future offenses.

30
lemmy.world

I figured there had to be a catch. It's still a hell of a step I guess.

3
ares35reply
kbin.social

president can't pardon for states' charges or convictions.

17

Basic civic concepts! I knew there was a catch. What’s the point in even voting though? ??

2

Yes, only gubernatorial pardons can apply to state offenses. :-/

21
lemmy.world

now do it nationwide! just legalize it on the federal level already for christs sake

14
Franklinreply
lemmy.world

Unfortunately that can only be done without a senate resolution. Please remember to write your congressman.

In the meantime Biden has appealed to the DEA to review rescheduling the drug to a lower classification. Along with these pardons he has done everything in his power.

15
kboy101222reply
sh.itjust.works

We declared war on half the planet without congressional approval. I don't get how that can get done but legalizing marijuana can't.

8
kbin.social

Uh, where's the "future" part?

Edit: OP corrected the title! Yay!

12

Biden pardons all offenses of simple possession/use of marijuana (even those not yet prosecuted)

3
kpw
kbin.social

Honestly it is a pretty dumb move to eliminate tax payers by throwing them in jail for marijuana anyways.

12
bigFabreply
lemmy.world

Agree. If only he did it from the beginning and not because elections are becoming closer...

-6
bigFabreply
lemmy.world

I didn't, but still, why does it take him three years to get shit done

-4
lemmy.world

Oh shit.

Kinda semi-relevant, but does this mean FPSRussia can finally possess firearms again?

10

From 2022. How many people got federal charges for just possession?

This is just a pardon, not decriminalization. And only at the federal level.

As much as I'd like it to be something, this is barely an acknowledgement to the legal issues around marijuana.

4
xkforcereply
lemmy.world

Biden isnt a dictator. He cant just magic the drug war away. What he can do is pardon people and thats what hes doing.

19
startrek.website

I get that he's doing what he is limited to. My concern is the optics of this are being overblown. Pot will never instantly or universally become legal.

0

No, but this isn't nothing and it's in the right direction.

It's bully from the bully pulpit, I guess.

2
spongebuereply
lemmy.world

I don't know why this is showing up over a year later, but the president cannot pardon state charges.

14

Double check the proclamation, he updated the effective date to today.

14
kbin.social

Re-scheduling of marijuana is currently ongoing, but this is the government and things are slow.

4
w2tpmfreply
kbin.social

It took a single pen stroke to get marijuana added to the schedule 1 list...and that wasn't even from the President, it was his (Nixon's) AG.

There was no legal process, no legislation, no oversight, no anything. Just an order to the DEA to arbitrarily add it to the list because Big Dick wanted to wage war on the hippies.

5
lemmy.world

This is tangential, but I feel like the nickname Big Dick would be better used when referring to LBJ, no? Wasn't he the one known for constantly bragging about how big his hog was?

Usually Nixon gets called Tricky Dick.

3

*all federal offenses. He has no jurisdiction to pardon anything else. Headline, as usual, is overzealous.

3
lemmy.world

Feels like pandering to me.

"The youth vote just isn't into a geriatric. What can we do to get them to vote?"

-2

Exactly. I'm going to vote for someone and I expect them to keep doing things I agree with to maintain my vote.

I don't care if they're faking it or honestly give a damn, but that their agenda seemingly aligns with things I believe in or support - f it, have my vote.

3
lemmy.world

Not sure how you think that’s possible when the supreme court already struck down the blanket $10,000 forgiveness.

20
lemmy.world

Easy.

He's done it unilaterally several times for small populations of people.

He doesn't need SCOTUS. SCOTUS' role here is just to run cover so he can present the appearance of acting on his promise without taking money out of the assholes who fund his campaign.

-6

Every time he's done it in the past there has been existing law and precedent which allowed him to do it, what you're asking has no precedence.

To do something of that magnitude there would need to be a senate resolution.

10
kbin.social

It'd be nice if you just opened up with acknowledging that you've already divorced yourself from reality and embraced conspiracy so people can save their time.

1
CoggyMcFeereply
lemmy.world

The person they were replying to was absolutely spouting a conspiracy theory that is divorced from reality tho

4

He doesn't need SCOTUS.

He can cancel student debt unilaterally and has already done so several times, but only for small populations of people.

-3

President Biden pardons everyone for having student debt.

You're forgiven for owing money

5

https://www.politifact.com/truth-o-meter/promises/biden-promise-tracker/promise/1529/decriminalize-marijuana/

biden wants this to be state by state just like abortion and voting and everything else half ass measures that put more people at risk than it actually helps

https://www.politifact.com/truth-o-meter/promises/biden-promise-tracker/promise/1519/use-national-commission-address-policing-issues/

combined with his failed promise of police reform

https://www.politifact.com/truth-o-meter/promises/biden-promise-tracker/promise/1519/use-national-commission-address-policing-issues/

now this state by state issue has militarized enforcers of state laws with no accountability

want more rights like the state beside you? laws are being put in place to keep people in their own states as well from taking away the rights to vote even increases in taxes if one moves states just to keep people stuck

biden is pure trash for perpetuating this cycle just like his policies of just helping the district and federal land he is on selfish prick has a whole country he needs to get right and he is worried about a small part of it

baby steps are nice and needed but doing everything in small enough increments that no progress occurs or is seeable is not getting us anywhere my grandfather has heard that line his whole life

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