In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code). As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities. Through this proclamation, consistent with the grant of Proclamation 10467, I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana. Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of:

(1) section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana;

(2) section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;

(3) section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and

(4) provisions in the Code of Federal Regulations, including as enforced under the United States Code, that prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).

My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in paragraphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations consistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled substances or activity beyond simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.

Pursuant to the procedures in Proclamation 10467, the Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications for certificates of pardon and shall issue such certificates of pardon to eligible applicants in due course.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth.

JOSEPH R. BIDEN JR.

  • StarManta@lemmy.world
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    11 months ago

    Title is wrong: NOT future. Only “on or before the date of this proclamation.” (I don’t think it’s possible to pardon people in the future)

    • fpslem@lemmy.worldOP
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      11 months ago

      Good point, I revised it to say “including those not yet prosecuted.” (Titles suck at giving context, I almost have some sympathy for title editors of newspapers.)

    • Neato@kbin.social
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      11 months ago

      You can’t pardon future offenses. Would be a great way to setup crimes otherwise.

    • Leeks@kbin.social
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      11 months ago

      While I don’t know if this is legal, I think the poster is pointing towards the following line for the future part

      regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation

      Looking at this site, the poster is misinterpreted the line

      • fpslem@lemmy.worldOP
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        11 months ago

        Yep. I just fixed it. As I read it, future offenses are not covered, but future prosecutions of offenses having already occurred are covered.

      • Nougat@kbin.social
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        11 months ago

        Which, of course, is related to the criminal justice process against acts committed on or before this date. If you’re caught smoking a joint tomorrow, you don’t qualify for this blanket pardon.

        However, the fact that this blanket pardon exists suggests that a “refresh” of this blanket pardon would likely exist in the future, extending the cutoff date further. That should have the effect of making simple possession or use charges at the federal level far less common, i.e., they would be used only to gain leverage on someone suspected of a greater crime, and not as the major charge. (I’m not saying that’s “right,” just saying that’s the reality.)

        • vzq@lemmy.blahaj.zone
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          11 months ago

          However, the fact that this blanket pardon exists suggests that a “refresh” of this blanket pardon would likely exist in the future, extending the cutoff date further.

          In fact, this is the refresh of the 2022 pardon and he’s making a point to note that. This is as close as you can get to a yearly pardon without running into gnarly constitutional issues. It’s a new magic Christmas tradition.

          • Nougat@kbin.social
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            11 months ago

            Why didn’t I notice that? Thank you for pointing it out, and have a happy Don’t Break Anything Day.

            • vzq@lemmy.blahaj.zone
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              11 months ago

              have a happy Don’t Break Anything Day

              Thank you! You too!

              Now I’ll just upgrade the schema of the production database and head out the door!

  • FireTower@lemmy.world
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    11 months ago

    on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana

    Not a pardon of future offenses.

    • Franklin@lemmy.world
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      11 months ago

      Unfortunately that can only be done without a senate resolution. Please remember to write your congressman.

      In the meantime Biden has appealed to the DEA to review rescheduling the drug to a lower classification. Along with these pardons he has done everything in his power.

  • kpw@kbin.social
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    11 months ago

    Honestly it is a pretty dumb move to eliminate tax payers by throwing them in jail for marijuana anyways.

    • AlecSadler
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      11 months ago

      I don’t think my instance can see the modified title, what is it?

      • Nougat@kbin.social
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        11 months ago

        Biden pardons all offenses of simple possession/use of marijuana (even those not yet prosecuted)

  • Clbull@lemmy.world
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    10 months ago

    Oh shit.

    Kinda semi-relevant, but does this mean FPSRussia can finally possess firearms again?

  • slurpeesoforion@startrek.website
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    11 months ago

    From 2022. How many people got federal charges for just possession?

    This is just a pardon, not decriminalization. And only at the federal level.

    As much as I’d like it to be something, this is barely an acknowledgement to the legal issues around marijuana.

    • xkforce@lemmy.world
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      11 months ago

      Biden isnt a dictator. He cant just magic the drug war away. What he can do is pardon people and thats what hes doing.

      • slurpeesoforion@startrek.website
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        11 months ago

        I get that he’s doing what he is limited to. My concern is the optics of this are being overblown. Pot will never instantly or universally become legal.

        • BeMoreCareful@lemmy.world
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          11 months ago

          No, but this isn’t nothing and it’s in the right direction.

          It’s bully from the bully pulpit, I guess.

    • spongebue@lemmy.world
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      11 months ago

      I don’t know why this is showing up over a year later, but the president cannot pardon state charges.

      • w2tpmf@kbin.social
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        11 months ago

        It took a single pen stroke to get marijuana added to the schedule 1 list…and that wasn’t even from the President, it was his (Nixon’s) AG.

        There was no legal process, no legislation, no oversight, no anything. Just an order to the DEA to arbitrarily add it to the list because Big Dick wanted to wage war on the hippies.

        • spamfajitas@lemmy.world
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          11 months ago

          This is tangential, but I feel like the nickname Big Dick would be better used when referring to LBJ, no? Wasn’t he the one known for constantly bragging about how big his hog was?

          Usually Nixon gets called Tricky Dick.

    • Tylerdurdon@lemmy.world
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      11 months ago

      Feels like pandering to me.

      “The youth vote just isn’t into a geriatric. What can we do to get them to vote?”

        • AlecSadler
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          11 months ago

          Exactly. I’m going to vote for someone and I expect them to keep doing things I agree with to maintain my vote.

          I don’t care if they’re faking it or honestly give a damn, but that their agenda seemingly aligns with things I believe in or support - f it, have my vote.

  • xantoxis@lemmy.world
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    11 months ago

    *all federal offenses. He has no jurisdiction to pardon anything else. Headline, as usual, is overzealous.