President Joe Biden is granting a sweeping Christmas clemency. Eleven people will be immediately released. But thousands will ultimately benefit from the pardons.

 Biden’s order only applies to the use of marijuana, no other drugs. Marijuana has been decriminalized or legalized in many states. However, it is still labeled a controlled substance under federal law.

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Christmas Clemency

Biden’s statement on Friday builds on a 2022 executive action. Last year he pardoned people convicted of simple marijuana possession under federal law and D.C. statute.

The pardons began with 11 people convicted of marijuana-related offenses who are still in prison serving “disproportionately long” sentences for nonviolent crimes. They would have received much “lower sentences if they were charged with the same offense today,” According to Biden.

"Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either," Biden said. He urged the Governors to look at granting clemency in similar state offenses involving marijuana.

He also issued a Proclamation to pardon additional offenses of simple possession and use of marijuana under federal and D.C. law. 

Biden is concerned that non-violent offenders are being penalized years after an arrest. And they may be unable to get a job with the conviction on their record.

The statement emphasized that “Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana.  It’s time that we right these wrongs.”  

 
President Biden added, "I have exercised my clemency power more than any recent predecessor has at this point in their presidency. And while today’s announcement marks important progress, my Administration will continue to review clemency petitions and deliver reforms that advance equal justice, address racial disparities, strengthen public safety, and enhance the wellbeing of all Americans."