History of Marijuana Convictions and Biden’s Pardon of 2022’s Effect on Society

By: Jodi Fraser

Edited by: Basim Khan

On October 6, 2022, President Joe Biden granted pardons to individuals who have been convicted of marijuana possession. In the official White House Statement, the parameters for the pardon are laid out; the pardon will forgive US citizens’ federal charges for simple marijuana possession on and before the time of the proclamation. Although there is currently no one federally convicted for simple marijuana possession, about 6,500 people were convicted of simple possession between 1992 and 2021, not counting legal permanent residents. This pardon could have a ripple effect on the treatment of marijuana possession at the state level. President Biden also urges the state governors to follow his lead when it comes to how they treat marijuana convictions. Following the release of the pardon, President Biden tweets an explanation of what the pardon entails and his intentions with the pardon asserting that “sending people to jail for possessing marijuana has upended too many lives — for conduct that is legal in many states.”  

Along with the pardon, President Biden also called on the attorney general to reconsider the classification of marijuana. In his statement, President Biden states that “The federal government currently classifies marijuana as a Schedule 1 substance, the same [classification as] heroin and LSD and [is treated as] more serious than fentanyl. It makes no sense.” Under the Controlled Substances Act, the Drug Enforcement Administration, a federal law enforcement agency, categorizes certain substances into five classifications, referred to as “schedules” based on their medical use, the potential for abuse, and risk of dependence. Currently, marijuana is considered a schedule 1 drug, which is considered to be the category with the most dangerous drugs. A schedule 1 drug is one that is considered to be highly addictive and to have no potential medical use. If the DEA decides to change the classification of marijuana, it will result in substantial changes within the cannabis industry. For example, a new classification of marijuana would allow for those individuals within the cannabis industry in states where marijuana use is already legal to have an easier time receiving funding to open businesses because many of these businesses are denied loans due to the current federal classification of marijuana. It would also allow for more research into the uses of marijuana within the medical field.

Cannabis, also known as marijuana, has historically sparked controversy. When it was first introduced into society in the last 19^th century, it was incorporated into many medical products and was sold freely in pharmacies. However, when immigrants from Mexico introduced marijuana as a recreational drug, society became weary of the substance. Many Americans, fearing these immigrants, subsequently came to associate marijuana use with violence and criminal activity. President Richard Nixon furthered this racialized criminalization of marijuana with the War on Drugs movement, which ultimately led to increased overpolicing of Black communities, resulting in the mass incarceration of Black individuals accused of drug use. Unfortunately, this racialized criminalization continued past its first introduction in society.

President Biden addresses this in a video tweeted from the White House in which he states, “while white and black and brown people use marijuana at similar rates, black and brown people are arrested, prosecuted and convicted at disproportionately higher rates.” To further acknowledge President Biden’s point, despite the similar rates of marijuana use, African-Americans are three times more likely than whites to be arrested for marijuana according to the ACLU. With the new pardon, many of these individuals will be freed from some of the resulting barriers which include getting employment, receiving housing, and many others. For those individuals who were convicted only of marijuana possession charges, this pardon will restore their civil rights, such as being able to vote, which they lost as a result of their conviction. Unfortunately, this pardon does not remove the conviction from the individual’s criminal record. Though this mass pardon will have positive effects for those minorities that have been disproportionally criminalized for marijuana use, there is still much to do in the way of rectifying the racial disparities in drug sentencing, especially when it comes to those immigrants who were not US citizens at the time of their arrest for marijuana possession.