The U.S. Army has sent out a new notice reminding military personnel that the recent pardons of President Joe Biden (D) for federal marijuana possession crimes do not apply to violations against military drug policies.
The Army’s Directorate of Prevention, Resilience and Readiness published a blog on Monday that stated “The proclamation doesn’t cover military drug crimes under 10 U.S.C. 112a.” “It does not grant a pardon to military personnel nor does it cover the civilian drug testing program.”
The post refers to a pardon announcement issued by President Obama in December which expanded a prior round of pardons granted for people who had federal convictions relating to simple marijuana possession, attempt possession or use. This expansion was the first to apply to cannabis possession crimes committed on federal property, but it is still excluded large groups, including those who violated military drugs policies and many non U.S. citizens.
In a recent Army post, it was noted that as part of Biden’s initial announcement for 2022, the president also encouraged governors to grant marijuana pardons on a state-by-state basis. This drew mixed responses from gubernatorial office across the country. Some officials responded that they would review the request of the president, while others cited actions already taken. Others indicated they would not follow suit.
The president called on federal officials to review the federal scheduling of marijuana. This was prompted by a recommendation made last year by the Department of Health and Human Services to place the substance in Schedule III of Controlled Substances Act along with drugs such as ketamine, steroids and Tylenol codeine.
The U.S. Army Post claims that the actions of the administration were taken to minimize the harms caused by the cannabis prohibition.
It says that Biden’s goal is to help those people who are denied housing, employment or educational opportunities, and suffer other collateral effects from their convictions.
The pardon is a formal forgiveness of the offense, and does not involve sealing records.
Biden has pointed out the pardoning of thousands of people for federal cannabis possession crimes as an example of his fulfilling campaign promises. However, he often misrepresented the extent of the clemency when he claimed that people were released from jail and their criminal records were fully expunged.
The president has pledged to implement a more comprehensive reform, including federal legalization of medical cannabis and decriminalization of the plant.
The programs that are already in place in many states will not be legalized if the Drug Enforcement Administration (DEA), at its final decision, accepts HHS’s recommendation to reschedule cannabis. It would, however, have an impact in other areas, such as removing some barriers to research and giving state-licensed cannabis companies the same federal tax deductions as other legal businesses.
The president refused to endorse the reform despite the fact that support for legalization was at record levels, particularly among Democrats. The White House, for instance, stated that “nothing had changed” with Biden’s position after Ohio became the 24th State to legalize marijuana in November.
Although the Schedule III recommendation has been welcomed by the majority of the legal cannabis sector, some reformers and prohibitionists have warned against it, although for different reasons.
Last week, U.S. Rep. Barbara Lee told Marijuana Moment she was “opposed” to this change. She said it could put the country “another fifty years” back on the road to federal legalization.
Earl Blumenauer, a fellow Cannabis Caucus member and co-chair of the House Democratic Caucus (D-OR), has been one of many colleagues who have argued that the DEA should remove marijuana completely from the CSA instead of simply rescheduling it. Lee went a step beyond that criticism by opposing incremental rescheduling.
A Republican congressman, who has been a long-time opponent of marijuana reform, claimed in a DEA letter that FDA reached a “misguided” conclusion to recommend rescheduling Cannabis. He challenged the scientific standards set by the health agency and pleaded with DEA to disregard them when it comes to making a final decision.
Two coalitions of veterans and law enforcement members, including DEA Administrator Anne Milgram, came out in favor of the change , urging the Biden administration to implement the Schedule III move .
According to one pardoned person, the Vice President Kamala Harris’s office has been reaching out to those who have received a cannabis-pardon to ensure that the certification process at Justice Department is proceeding smoothly. They also engage in broader conversations about cannabis policy reform.
The Justice Department has begun to issue pardon certificates to people who have applied in accordance with the second expanded proclamation of the President.
Separately FDA recently highlighted its scientific review of marijuana which led the agency recommend rescheduling. This process involved a thorough analysis of research as well as looking at hundreds posts on social media platforms in order to determine how consumers describe cannabis’s therapeutic effects.
Congresswoman Tells DEA to ‘Reject any Argument’ that Marijuana Reclassification Would Violate International Treaties
U.S. Army clarifies that Biden’s marijuana pardons don’t apply to military personnel
