Edwin Rubis has served more than two decades of a 40-year federal prison sentence for participating in a marijuana distribution operation. Taking into account “good time” credit, he is not scheduled to be released until August 2032.

Rubis is one of about 3,000 federal prisoners whose cannabis-related sentences were unaffected by President Joe Biden’s mass pardon for low-level marijuana offenders. A protest at the White House today called attention to their predicament.

Biden’s October 6 proclamation applied only to U.S. citizens or legal permanent residents convicted of simple marijuana possession under the Controlled Substances Act or the District of Columbia Code, none of whom was still incarcerated. Although his pardons could benefit as many as 10,000 or so individuals, that represents a tiny percentage of all simple possession cases, which typically are charged under state law. And Biden’s action will not release a single federal prisoner.