Politics & Government

Biden Takes First Major Step Toward Decriminalizing Marijuana

President Joe Biden pledged Thursday to erase the criminal records of thousands of Americans convicted of simple misdemeanor drug offenses.

President Joe Biden boards Air Force One at Andrews Air Force Base, Maryland, Thursday to travel to Poughkeepsie, New York.
President Joe Biden boards Air Force One at Andrews Air Force Base, Maryland, Thursday to travel to Poughkeepsie, New York. (AP Photo/Andrew Harnik)

WASHINGTON, DC — President Joe Biden said Thursday he will pardon and erase the criminal records of thousands of people convicted of simple misdemeanor marijuana offenses under federal law as his administration takes a dramatic step toward decriminalizing the drug.

Biden's action, which delivers on campaign promises to reform U.S. marijuana policy, a"failed approach to marijuana" he said has upended "too many lives" and disproportionately affects people of color."

According to the White House, no one is currently in federal prison solely for “simple possession” of marijuana but the pardon could help thousands overcome obstacles to renting a home or finding a job.

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“My action will help relieve the collateral consequences arising from these convictions,” Biden said.

The action also pardons thousands of people convicted of simple misdemeanor possession in the District of Columbia.

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Biden called on governors to issue similar pardons for those convicted of state marijuana offenses, which reflect the vast majority of marijuana possession cases.

Biden, in a statement, said the move reflects his position that “no one should be in jail just for using or possessing marijuana.”

Biden is also directing the secretary of Health and Human Services and the U.S. attorney general to review how marijuana is scheduled under federal law. Rescheduling the drug would reduce or potentially eliminate criminal penalties for possession.

Biden favors easing laws around marijuana possession at both the federal and state levels, but also believes strict limitations should be maintained on marijuana trafficking, marketing and underage sales.

The move puts the federal government on par with other big cities like New York that have been moving toward decriminalizing low-level marijuana arrests for years. But there’s a big divide in the nation as some police departments still believe the drug leads to more serious crime and ignoring low-level offenses emboldens criminals.

Biden's announcement comes a month ahead of the critical November midterm elections that will determine control of Congress. The move also fulfills one of the top priorities of the Democratic nominee in one of their party's most critical Senate races, as Pennsylvania Lt. Gov. John Fetterman has repeatedly pressed Biden to take the step.

Biden's move falls short of full decriminalization, but public support for marijuana legalization has risen — along with tax revenues — as state laws prohibiting possession fall. Recreational marijuana is already legal in 19 states, the District of Columbia and Guam.

It's unclear how quickly inmates will be pardoned. Other steps Biden plans to take toward decriminalization also are not clear.

The Associated Press contributed reporting.

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