Biden Pardons Thousands Of Marijuana Users: What It Means In FL

FLORIDA — President Joe Biden on Friday pardoned thousands of Americans, potentially including some Florida residents, who used marijuana on federal lands and in Washington and the District of Columbia in the past year, regardless of whether they were arrested or convicted.

Biden’s sweeping pardon is the latest round of executive actions aimed at correcting racial disparity in the justice system. It builds on a similar round of pardons just before the 2022 midterm elections that made pardons available to thousands of people convicted of simple marijuana possession on federal lands.

Friday’s action broadened the offenses covered by the pardon to include several other criminal statutes, including attempted simple possession. It does not pardon people convicted of selling the drug, which is illegal under federal law, or offenses such as driving while under the influence of an illegal substance.

Biden also extended clemency to 11 people — including two Floridians — serving what the White House called “disproportionately long” sentences for nonviolent drug offenses. Leroy Lymons of Pensacola was convicted of conspiracy to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine and sentenced to life in prison. His sentence was commuted to a term of 27 years, plus 10 years of supervised release.

Esaias J. Tucker of Tallahassee was convicted of conspiracy to distribute more than five kilograms of cocaine and more than 280 grams of cocaine base; possession with intent to distribute 500 grams or more of cocaine and more than 28 grams of cocaine base. Tucker was sentenced in 2013 to 20 years in prison and 10 years of supervised release. His sentence was commuted to expire on April 20, 2024, leaving in effect the 10-year term of supervised release.

Florida voters are likely to vote in November 2024 on the question of whether to make the limited use of recreational marijuana legal. The issue was in front of the Florida Supreme Court Nov. 8, Politico reported.

The marijuana legalization initiative, sponsored by the Smart & Safe Florida, seeks to legalize marijuana use for anyone age 21 or older while leaving licensing issues up to the state Legislature.
Politico said Smart & Safe has collected more than 1 million valid signatures, more than the 891,000 required to qualify for the 2024 ballot. At least 60 percent of voters would need to approve it for it to be enacted.

Biden, in a statement, said his actions would help make the “promise of equal justice a reality.”

“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” Biden said. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”

At the same time, Biden called on Florida Gov. Ron DeSantis and the nation’s other governors to forgive similar state marijuana offenses.

“Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either,” Biden said.

The order applies only to marijuana, which has been legalized for recreational use in 24 states and medicinal use in 38, but remains a controlled substance under federal law.

U.S. regulators are studying reclassifying the drug from the category of drugs deemed to have “no currently accepted medical use and a high potential for abuse,” known as “Schedule I,” to the less tightly regulated “Schedule III.”

The pardon does not apply to people who were in the United States unlawfully at the time of their offense. People seeking pardons need to apply through the Justice Department to receive certificates of pardon that can be used for housing and employment purposes.

Biden on Friday reiterated his call on governors and local leaders to take similar steps to erase marijuana convictions.

"Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either," Biden said.

The Associated Press contributed to this report.