Biden Issues Pardon for Simple Marijuana Possession Offenses
President Joe Biden recently issued a presidential proclamation that pardons federal convictions of simple marijuana possession offenses. The proclamation applies only to federal convictions, including District of Columbia code violations; it does not apply to convictions under state or local law. In a statement, the president also called upon governors to pardon simple state marijuana possession offenses.
Biden’s proclamation fully and completely pardons individuals with qualifying convictions for marijuana possession offenses. The pardon does not apply to any other marijuana-related offenses or other charges or convictions related to controlled substances. According to White House officials, more than 6,500 individuals with prior federal convictions for simple possession could benefit from the proclamation, as it removes a barrier that may prevent some from receiving employment, housing and educational opportunities.
Biden instructed the U.S. attorney general to develop an administrative process for issuing certificates of pardon to eligible individuals. The attorney general is to develop and announce the application procedures for the certificates and to begin accepting applications as soon as reasonably practicable. The president also called upon the secretary of the Department of Health and Human Services and the attorney general to expeditiously begin an administrative process to review how marijuana is scheduled as a drug under federal law.
Employer Takeaways
While the scope of Biden’s proclamation is limited, it represents a larger movement to change how marijuana is regulated in the United States. Navigating federal, state and local workplace marijuana-related laws can be a challenge for employers, especially for those operating across multiple geographies. Altering how marijuana is classified under federal law will likely take time; however, in light of the recent proclamation, employers should consider reviewing their employment policies to ensure they align with any regulatory changes. If employers have questions regarding the proclamation, they are encouraged to review the U.S. Department of Justice’s recently published FAQ.
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The content of this News Brief is of general interest and is not intended to apply to specific circumstances. It should not be regarded as legal advice and not be relied upon as such. In relation to any particular problem which they may have, readers are advised to seek specific advice. © 2022 Zywave, Inc. All rights reserved.