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Biden pardons thousands for 'simple possession' of marijuana

WASHINGTON (AP) 鈥 President Joe Biden is pardoning thousands of Americans convicted of 鈥渟imple possession鈥 of marijuana under federal law, as his administration takes a dramatic step toward decriminalizing the drug and addressing charging practices t
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President Joe Biden talks to reporters before boarding Marine One on the South Lawn of the White House, Thursday, Oct. 6, 2022, in Washington. (AP Photo/Evan Vucci)

WASHINGTON (AP) 鈥 President Joe Biden is pardoning thousands of Americans convicted of 鈥渟imple possession鈥 of marijuana under federal law, as his administration takes a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color.

Biden's move also covers thousands convicted of the crime in the District of Columbia. He is also calling on governors to issue similar pardons for those convicted of state marijuana offenses, which reflect the vast majority of marijuana possession cases.

Biden, in a statement, said the move reflects his position that 鈥渘o one should be in jail just for using or possessing marijuana.鈥

鈥淭oo many lives have been upended because of our failed approach to marijuana," he added. 鈥淚t鈥檚 time that we right these wrongs.鈥

According to the White House, no one is currently in federal prison solely for 鈥渟imple possession鈥 of the drug, but the pardon could help thousands overcome obstacles to renting a home or finding a job.

鈥淭here are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result,鈥 he said. 鈥淢y action will help relieve the collateral consequences arising from these convictions."

The pardon does not cover convictions for possession of other drugs, or for charges relating to producing or possessing marijuana with an intent to distribute. Biden is also not pardoning non-citizens who were in the U.S. without legal status at the time of their arrest.

The announcement marks Biden's reckoning with the impact of 1994 crime legislation, which he supported, that increased arrest and incarceration rates for drug crimes, particularly for Black and Latino people.

The Department of Justice is working to devise a process for those covered by Biden's pardon to receive a certificate of pardon, which they can show to potential employers and others as needed.

鈥淭he Justice Department will expeditiously administer the President鈥檚 proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offense," the department said in a statement. 鈥淚n coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon.鈥

Biden is also directing the secretary of Health and Human Services and the U.S. attorney general to review how marijuana is scheduled under federal law. Rescheduling the drug would reduce or potentially eliminate criminal penalties for possession. Marijuana is currently classified as a Schedule I drug, alongside heroin and LSD, but ahead of fentanyl and methamphetamine. The White House did not set a timeline for the review.

But Biden said he believes that as the federal government and many states ease marijuana laws, they should maintain limitations on trafficking, marketing and underage sales.

The move by Biden puts the federal government on course with other big cities like New York that have been moving toward decriminalizing low-level marijuana arrests for years. But there鈥檚 a big divide in the nation as some police departments still believe the drug leads to more serious crime and ignoring low-level offenses emboldens criminals.

Advocacy groups praised Biden's announcement, with Kassandra Frederique, the executive director of the Drug Policy Alliance, saying the organization was 鈥渢hrilled.鈥

鈥淭his is incredibly long overdue,鈥 said Frederique. 鈥淭here is no reason that people should be saddled with a criminal record 鈥 preventing them from obtaining employment, housing, and countless other opportunities 鈥 for something that is already legal in 19 states and D.C. and decriminalized in 31 states.鈥

It remains to be seen whether governors follow Biden's lead. Erik Altieri, executive director of the National Organization for the Reform of Marijuana Laws, said extending the action to states could help millions of Americans.

鈥淪ince 1965, nearly 29 million Americans have been arrested for marijuana-related violations 鈥 for activities that the majority of voters no longer believe ought to be a crime,鈥 he said.

Chris Goldstein, 46, was arrested after smoking half a joint during a marijuana legalization protest at Independence Hall in Philadelphia in 2013. He paid a $3,000 fine and spent two years on probation.

鈥淎s someone who voted for President Biden, I鈥檝e been expecting this from the first day he came into office," Goldstein said. "This was a campaign promise.鈥

As a writer and activist who has been public about his conviction, he鈥檚 not sure that his criminal record was an obstacle to him getting a job, but he knows that it shows up in his background checks. And he鈥檚 shied away from visiting other countries because convictions can complicate international travel.

鈥淚鈥檓 thrilled, and everyone like me is going to be just as thrilled," he said.

Rev. Al Sharpton, the president of the National Action Network, said Biden's 鈥渞ighteous action today will give countless Americans their lives back." But he added, 鈥淭he United States will never justly legalize marijuana until it reckons with the outdated policies that equated thousands of young Black men with hardened drug pushers."

The move also fulfills one of the top priorities of the Democratic nominee in one of their party's most critical Senate races, as Pennsylvania Lt. Gov. John Fetterman has repeatedly pressed Biden to take the step, including last month when they met in Pittsburgh.

Fetterman, in a statement, took credit for elevating the issue on Biden's agenda and praised the decision, calling it 鈥渁 massive step towards justice.鈥

鈥淭his action from President Biden is exactly what this work should be about: improving people鈥檚 lives. I commend the president for taking this significant, necessary, and just step to right a wrong and better the lives of millions of Americans,鈥 he said.

AP writer Colleen Long contributed.

Zeke Miller And Chris Megerian, The Associated Press

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