this post was submitted on 22 Dec 2023
489 points (97.3% liked)

Law

408 readers
1 users here now

Discussion about legal topics, centered around United States

founded 1 year ago
MODERATORS
 

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.

top 50 comments
sorted by: hot top controversial new old
[–] StarManta 90 points 11 months ago (6 children)

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 17 points 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.)

[–] [email protected] 10 points 11 months ago

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

[–] [email protected] 7 points 11 months ago* (last edited 11 months ago) (2 children)

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 12 points 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.

[–] [email protected] 6 points 11 months ago (1 children)

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.)

[–] [email protected] 5 points 11 months ago* (last edited 11 months ago) (1 children)

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.

[–] [email protected] 3 points 11 months ago (1 children)

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

load more comments (1 replies)
[–] Tylerdurdon 4 points 11 months ago

I'm pardoning you for that thing you're gonna do in a few weeks. You'll know.

load more comments (1 replies)
[–] FireTower 30 points 11 months ago (1 children)

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.

[–] fpslem 8 points 11 months ago

Thanks, fixed it.

[–] Stovetop 21 points 11 months ago (2 children)
[–] [email protected] 8 points 11 months ago (1 children)
[–] Tylerdurdon 10 points 11 months ago

Let's find out. You first.

[–] EdibleFriend 3 points 11 months ago (1 children)

I figured there had to be a catch. It's still a hell of a step I guess.

[–] [email protected] 17 points 11 months ago (1 children)

president can't pardon for states' charges or convictions.

load more comments (1 replies)
[–] someguy3 17 points 11 months ago (1 children)

Is this for federal charges only? (Ie Not state charges.)

[–] fpslem 21 points 11 months ago

Yes, only gubernatorial pardons can apply to state offenses. :-/

[–] jpreston2005 14 points 11 months ago (1 children)

now do it nationwide! just legalize it on the federal level already for christs sake

[–] franklin 15 points 11 months ago* (last edited 11 months ago) (1 children)

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.

[–] [email protected] 8 points 11 months ago (1 children)

We declared war on half the planet without congressional approval. I don't get how that can get done but legalizing marijuana can't.

[–] [email protected] 5 points 11 months ago

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.

[–] [email protected] 12 points 11 months ago (10 children)

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

[–] fpslem 8 points 11 months ago

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.

https://www.cnn.com/2016/03/23/politics/john-ehrlichman-richard-nixon-drug-war-blacks-hippie/index.html

[–] [email protected] 7 points 11 months ago

Less taxes... free slave!

load more comments (8 replies)
[–] [email protected] 12 points 11 months ago* (last edited 11 months ago) (2 children)

Uh, where's the "future" part?

Edit: OP corrected the title! Yay!

load more comments (2 replies)
[–] Gradually_Adjusting 11 points 11 months ago
[–] Clbull 10 points 11 months ago (1 children)

Oh shit.

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

[–] lapommedeterre 4 points 11 months ago (1 children)

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=%C2%A7%20922(g)(3,under%20the%20influence%20of%20marijuana.

[–] pillars_in_the_trees 3 points 11 months ago

Don't forget they had intent to distribute.

[–] [email protected] 9 points 11 months ago

Good start.

[–] [email protected] 5 points 11 months ago

Is there an estimate on the number of people concerned ?

[–] [email protected] 4 points 11 months ago (4 children)

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 19 points 11 months ago (2 children)

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

load more comments (2 replies)
[–] spongebue 14 points 11 months ago (1 children)

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

[–] riquisimo 14 points 11 months ago

Double check the proclamation, he updated the effective date to today.

[–] [email protected] 4 points 11 months ago (1 children)

Re-scheduling of marijuana is currently ongoing, but this is the government and things are slow.

[–] [email protected] 5 points 11 months ago (3 children)

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.

load more comments (3 replies)
load more comments (1 replies)
[–] [email protected] 3 points 11 months ago (3 children)
load more comments (3 replies)
load more comments
view more: next ›