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.
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)
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.)
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You can’t pardon future offenses. Would be a great way to setup crimes otherwise.
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
Yep. I just fixed it. As I read it, future offenses are not covered, but future prosecutions of offenses having already occurred are covered.
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.)
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.
Why didn’t I notice that? Thank you for pointing it out, and have a happy Don’t Break Anything Day.
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!
I’m pardoning you for that thing you’re gonna do in a few weeks. You’ll know.
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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.
Thanks, fixed it.
*on federal lands
Like the airport?
Let’s find out. You first.
I figured there had to be a catch. It’s still a hell of a step I guess.
president can’t pardon for states’ charges or convictions.
Basic civic concepts! I knew there was a catch. What’s the point in even voting though? ??
Is this for federal charges only? (Ie Not state charges.)
Yes, only gubernatorial pardons can apply to state offenses. :-/
now do it nationwide! just legalize it on the federal level already for christs sake
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.
We declared war on half the planet without congressional approval. I don’t get how that can get done but legalizing marijuana can’t.
https://en.m.wikipedia.org/wiki/Authorization_for_Use_of_Military_Force_of_2001
tl;dr it was with Congressional approval. Congress passed a blanket authorization of military force after 9/11 to do anything deemed necessary to go after some loosely defined terrorism.
Honestly it is a pretty dumb move to eliminate tax payers by throwing them in jail for marijuana anyways.
But a very intentional move by the Nixon Administration (per his former aide John Erlichman) to target young and black voters with cannabis offenses to render them felons ineligible to vote.
Less taxes… free slave!
Agree. If only he did it from the beginning and not because elections are becoming closer…
You realize this is from Oct 22, right?
I didn’t, but still, why does it take him three years to get shit done
How is Oct 2022 three years from Jan 2021?
Understood 22nd oct 2023 :S
Lol so did I before reading this
It’s the second time he’s doing it.
yet sometimes it takes fear of not getting reelected to get shit done
Uh, where’s the “future” part?
Edit: OP corrected the title! Yay!
I don’t think my instance can see the modified title, what is it?
Biden pardons all offenses of simple possession/use of marijuana (even those not yet prosecuted)
Hell yes
Oh shit.
Kinda semi-relevant, but does this mean FPSRussia can finally possess firearms again?
Probably not, since his charge seems to be Sections 922(g), which is in possession of a firearm while being an unlawful user of a controlled substance.
It looks like there have been some recent court cases that could work towards changing that precedent, though: https://www.jdsupra.com/legalnews/fifth-circuit-upholds-marijuana-user-s-3044399/#:~:text=§ 922(g)(3,under%20the%20influence%20of%20marijuana.
Don’t forget they had intent to distribute.
Good start.
Is there an estimate on the number of people concerned ?
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.
Biden isnt a dictator. He cant just magic the drug war away. What he can do is pardon people and thats what hes doing.
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.
No, but this isn’t nothing and it’s in the right direction.
It’s bully from the bully pulpit, I guess.
I don’t know why this is showing up over a year later, but the president cannot pardon state charges.
Double check the proclamation, he updated the effective date to today.
Re-scheduling of marijuana is currently ongoing, but this is the government and things are slow.
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.
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.
Yeah, Nixon was Tricky Dicky.
Nixon’s Dickery was so big it’s still fucking the country.
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Feels like pandering to me.
“The youth vote just isn’t into a geriatric. What can we do to get them to vote?”
Politicians doing good things in order to get votes is good, actually.
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.
*all federal offenses. He has no jurisdiction to pardon anything else. Headline, as usual, is overzealous.
When people tell you both parties are the same.