Implement the President’s Commitment on Marijuana-Related Federal Offenses (US0146)
Overview
At-a-Glance
Action Plan: United States Action Plan 2022-2024 (December)
Action Plan Cycle: 2022
Status:
Institutions
Lead Institution:
Support Institution(s):
Policy Areas
Inclusion, Justice, Policing & CorrectionsIRM Review
IRM Report: United States Action Plan Review 2022–2024
Early Results: Pending IRM Review
Design i
Verifiable: Yes
Relevant to OGP Values: Yes
Ambition (see definition): Low
Implementation i
Completion: Pending IRM Review
Description
The criminalization of marijuana possession has upended too many lives for conduct that is now legal in many states. While White, Black, and Brown people use marijuana at similar rates, research has shown that Black and Brown people have been arrested, prosecuted, and convicted at disproportionate rates. This has contributed to racial disparities both within the criminal justice system and with respect to the collateral consequences that flow from incarceration, such as exclusion from economic opportunities, housing, and civic life. In October 2022, the President issued a proclamation granting a full pardon to citizens and legal permanent residents who committed the offense of sim- ple possession of marijuana in violation of the Controlled Substances Act (Public Law 91-513) or D.C. Code. The pardon affected thousands of people with prior Federal convictions—and thousands more convicted under local law in Washington, D.C.—for simple marijuana possession. The Federal Government commits to implementing this proclamation, including by issuing certificates to eligible applicants who were convicted or charged with marijuana possession.
In addition, President Biden has asked the Secretary of Health and Human Services and the Attorney General to initiate a process to review how marijuana is scheduled under Federal law. Last, the Federal Government will continue to encourage Governors to follow the Federal Government’s lead with regard to State offenses, since most marijuana prosecutions take place at the State level.