Biden Pardons Thousands Of Pot Users: What It Means In IL

ILLINOIS – President Joe Biden on Friday pardoned thousands of Americans 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 serving what the White House called “disproportionately long” sentences for nonviolent drug offenses.

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 Illinois Gov. J.B. Pritzker 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 states but remains a controlled substance under federal law. In Illinois, recreational use of marijuana has been legal since 2020 for residents ages 21 and older. Since then, state legislators have introduced a number of bills that allows for the growth of the cannabis industry around the state.

In 2020, Pritzker issued a state pardon for more than 9,000 people who had low-level pot-related convictions on their record. Pritzker also expunged more than 450,000 non-felony marijuana-related arrests.

Earlier this year, the Illinois Senate passed two bills that would help further decriminalize marijuana use in the state. Senate Bill 125 seeks to ensure that law enforcement cannot use “the smell of cannabis” as the sole probable cause for searching a vehicle. It passed by a vote of 33-20.

Senate Bill 1886 seeks to prevent state courts from ruling that individuals on probation, conditional discharge, or supervision cannot consume cannabis unless they are sentenced for a crime involving intoxication, under the age of 21, or involved in courts handling substance abuse or mental health cases. That bill passed with a 34-21 vote.

Both bills have been sent to the state’s House of Representatives.

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.