It has been more than four months since President Joe Biden announced that he would pardon people convicted of simple marijuana possession under federal or D.C. law. At the time, the Justice Department said it would “expeditiously administer the President’s proclamation.” Toward that end, it said, “the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon,” thereby “restoring political, civil, and other rights.” Yet according to the Office of the Pardon Attorney’s website, “the Application for Certificate of Pardon for Simple Possession of Marijuana is not yet available.”
It’s not clear what the holdup is. I’ve asked the Justice Department and will update this post if and when I receive a reply. But Biden, after reaping political benefits by announcing the pardons a month before the midterm elections, has not actually issued any. He got good press and may have helped Democrats in the midterms by motivating voters who care about drug policy reform. But his promise remains just that until he does what he said he would do.
[It’s easy to avoid this if the administration never launches the application process. I’d guess that they are discovering that it’s a lot more complicated than they’ve led people to believe. Besides, while there are federal convictions involving marijuana, most of the prosecutions for those offenses are under state laws, and presidential pardons only apply to federal crimes. By the time one gets through all of the caveats that Sullum notes, we may be looking at a potential pardon list in the low three figures. That, of course, does not let Biden off the hook for not following through at all. — Ed]
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