The mention of the administrative marijuana reform measures by President Joe Biden during his State of the Union Address on Thursday received significant praise, but his description of the cannabis accomplishments of his administration once again misrepresented and exaggerated the extent of the relief.
Biden, recognizing the popularity of marijuana ahead of the election in November, said that he would “build public trust” by, among other things, “directing my Cabinet review the federal classification for marijuana,” and “expunging tens of thousands of convictions based on possession alone, since no one should go to jail for using it or even having a record of doing so.”
The president directed the ongoing administrative review of cannabis records, but he didn’t expunge any cannabis convictions. Instead, he granted two rounds mass pardons as a symbolic gesture to offer formal forgiveness to people who have committed federal marijuana possession crimes.
The Congressional Research Service (CRS), in a report published on November 20, 2022, explained that “the pardon might not be able to remove all the legal consequences of marijuana possession , because it doesn’t expunge convictions.”
It said that “Some collateral consequences of marijuana related activities are not dependent on whether a person is charged or convicted for a violation of the [Controlled Substances Act]”.
The Justice Department has gone the extra mile to provide certificates to pardoned individuals who applied . This provides them with physical proof of the clemency. In an email sent to certificate recipients, the department clarifies the fact that “pardon” means you are forgiven but still have a criminal history.
Biden has claimed the false expungement in several speeches. But the State of the Union Address is the most high-profile event where he’s exaggerated the pardon.
Weldon Angleos, the president of The Weldon Project, who was pardoned by the Trump administration after his own conviction for cannabis, told Marijuana Moment Biden’s claim of expungement “unfortunately doesn’t align with the actual powers of the presidential power or the actions taken by his administration.”
He said that while pardoning misdemeanor marijuana crimes was a symbolic step in rectifying the harm caused to some by outdated cannabis laws it is important to clarify these actions are not equivalent to expungement. “Congress, not the president, has the power to expunge records.”
“Expungement will completely remove the conviction from a person’s record. This is a fresh start that only pardons can provide. “This distinction is of great importance to individuals and communities who are disproportionately affected by marijuana arrests or convictions,” said Mr. He added. “Recognizing what has already been accomplished and the vast scope of the work that still needs to done is crucial in our fight for comprehensive cannabis legislation.”
Cat Packer , a spokesperson for the Drug Policy Alliance (DPA), said that Biden was “right last night when he said that no one should go to jail for marijuana use or possession.” Let’s face it, Biden promised to decriminalize marijuana and expunge criminal records during the 2020 presidential campaign. He has not delivered on either promise. Unfortunately, President Obama’s rhetoric doesn’t match reality.
@POTUS has it right. No one should go to jail for marijuana.
Biden’s pardons did not release anyone from prison OR erase records.
Biden can act to release those imprisoned for marijuana & reduce the harms of criminalization #SOTU2024https://t.co/I0zZVUZqet https://t.co/qjPYMPBOAu pic.twitter.com/PFeL7xsjA8
— Drug Policy Alliance 8 March 2024
Last Prisoner Project’s (LPP) Director Sarah Gersten stated that although the President’s comments and administrative action are “historic”, the work is still far from being done.
She said that “the reality is, not one person in the federal prison system for cannabis-related crimes has been released.” “Pardons also haven’t ‘expunged thousands’ of records, nor will they ease the collateral effects of a marijuana conviction like expungement and other forms of record clearing do.”
Congress has made efforts to ease the expungement of federal cannabis misdemeanors convictions. These bills have not been passed into law.
Some supporters say the president’s mischaracterization of the pardon is overshadowed by the historic mention of cannabis during the State of the Union Address and the actions that he has taken in comparison to his predecessors.
Morgan Fox, the political director of NORML told Marijuana Moment that despite the legal misstatements, the fact that a president was promoting cannabis policy reform in a State of the Union speech is incredibly positive. “Joe Biden is doing more for this issue than any other president, but he can still do more to chip away at the prohibition and give relief to those who are on the receiving end.”
“I hope that he pursues those options, and I’m similarly hopeful that elevating cannabis in this manner will raise its profile among voters and encourage lawmakers to prioritize popular–and increasingly bipartisan–legislation,” he said.
While advocates agree with the president, they believe that the administration should expand pardons so as to include immigrants and those with non-violent marijuana convictions.
Nobody should be imprisoned for possessing or using marijuana.
— President Biden (@POTUS) March 8, 2024
Advocates also have repeatedly pointed out that the Pardons for Simple Possession did not release anyone from federal prison. Many others are still incarcerated due to non-violent marijuana crimes that were not covered by the clemency.
According to a recent survey, Biden will benefit from cannabis reforms in November. The survey showed that after the public was made aware that the cannabis issue could be rescheduled as a result of Biden’s review, the president had a spike in favorability.
After the review, U.S. Department of Health and Human Services advised the Drug Enforcement Administration to move cannabis to Schedule III of Controlled Substances Act.
Equity-focused advocates, however, have stressed that this would not be a legalization of marijuana nor would it address the decades’ worth of harm caused by prohibition. The IRS code 280E would allow cannabis states to claim federal tax deductions.
It remains to be seen if DEA will accept the HHS’s recommendation. While many people expect that an announcement will be made before the elections, the timeline for this is not certain.
The Biden administration was recently pressed to reschedule marijuana by two coalitions representing military veterans and law enforcement–including a group that counts Drug Enforcement Administration (DEA) Administrator Anne Milgram among its members.
Last month, Rep. Barbara Lee, co-chairwoman of the Congressional Cannabis Caucus and member of the House of Representatives, said that clemency “should be extended all the way” to address any unintended consequences or intentional consequences of the drug war.
Ed Perlmutter, former Colorado Democratic Representative, however, told Marijuana Moment that he was “very satisfied” with Biden’s clemency measures. He argued that the president had “taken some pretty bold steps, in my opinion.”
The U.S. Army clarified recently in a branch notice that marijuana possession offenses under the military drug codes were not eligible for the president’s pardons. Sen. John Fetterman , a Democrat from Pennsylvania, called it “mistaken” to exclude the military from relief.
The office of Vice President Kamala Harris has reached out separately to those who have received pardons for marijuana possession, seeking assurance that the Justice Department’s certification process is proceeding smoothly. They also engaged in broader conversations about cannabis policy reform.
A GOP congressman cheers the passage of a bill urging DOJ to study state marijuana laws in preparation for federal legalization
