The Justice Department is extending the public comment period on its certification process for marijuana pardons, which was created under a presidential directive last year.
The Office of the Pardon Attorney of the DOJ published an announcement in the Federal Register Tuesday. It said that the comment period will be open up until August 15, as the Office of Management and Budget of the White House (OMB) requests authorization to process cannabis pardon certificate applications for three additional years.
In March, the department opened an online portal where people could submit their request for formal acknowledgement of their pardon. The relief is available to people who have committed federal cannabis possession crimes, or broken the law in Washington, D.C.
Joe Biden, the President, issued the directive late last year, and also initiated an administrative review of the federal classification of marijuana. Pardons are processed automatically by DOJ, but those who need tangible proof can also get certifications.
The new notice encourages the public to submit written comments and suggestions regarding the proposed collection.
The Department is interested in receiving feedback on whether or not the collection of additional information within the extended timeline will be “necessary for the proper functioning of the agency’s functions, including if the information has practical utility.”
The agency is also interested in hearing comments about “the accuracy of its estimate of the burden imposed by the proposed collection information, as well as the validity of assumptions and methodology used.”
The DOJ is requesting [Paperwork Reduction Act] approval for this information gathering for three (3) year,” it states. “OMB authorization of an [information request] can’t be longer than three (3) year without renewal. The DOJ points out that existing ICRs are given a one-month extension by the OMB while they are reviewed.
The Department of Justice stated that the purpose of the collection of information was to “gather information necessary for the Office of the Pardon Attorney to administer the provisions of the Executive Order 10467 – a proclamation granting clemency to those charged or convicted of possession of marijuana.”
The DOJ stated that “the collection will allow individuals to apply to the DOJ for certificates of forgiveness, restoring their political, civil and other rights, by implementing an order to issue certificates of forgiveness.”
It is estimated by, that 20,000 people will fill out the forms required to request pardon certificates.
Comments can be submitted to Deputy Pardon Attorney Kira Gillespie at kira.gillespie@usdoj.gov.
Pardon attorney Elizabeth Oyer stated in December that “very soon” the application online would be available. However, activists have expressed their frustration over the delay of the certification pardon rollout which ultimately began in March.
Biden’s pardon was limited, since it didn’t free anyone currently in prison and excluded people who were convicted for selling cannabis.
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The U.S. Department of Health and Human Services and the U.S. Department of Justice are currently working to fulfill the second part of President Obama’s directive on cannabis, which is the review of marijuana’s scheduling under the Controlled Substances Act. Both moves have been praised by the president for their consistency with the administration’s efforts to promote equity.
HHS Secretary Xavier Becerra said to Marijuana Moment in late November that he hopes to implement the President’s scheduling directive before the end of the year. The congressional marijuana reform leaders are also encouraged by the timetable.
Earl Blumenauer, co-chairman of the Congressional Cannabis Caucus and Rep. Earl Blumenauer D-OR told Marijuana Moment that he would be disappointed if significant progress was not made within the next year. “This long-overdue action should be taken with a greater urgency.”
Blumenauer, along with 15 other members of Congress from both parties, demanded transparency in the review of cannabis schedule.
Rep. Barbara Lee (another co-chair) of the caucus said last month the Biden administration must act on federal cannabis scheduling “now,” ahead of the upcoming elections.
HHS will then send a recommendation for scheduling to the Drug Enforcement Administration , which is responsible for making the final decision. The scientific findings of the health agency are binding. However, DEA can theoretically ignore any recommendation that results from it.
The government of Luxembourg has announced that the legalization of marijuana in Luxembourg will take effect this week
Photo by Chris Wallis // Side Pocket Images.
The original post Justice Department extends public comment period on marijuana pardon certificate application was published first on Marijuana Moment.
