Biden Grants More Clemency For Drug Offenses, But Advocates Remain Critical About Lack Of Marijuana Commutations

President Joe Biden granted another round of clemency to more than a dozen people with non-violent federal drug convictions, describing the action as an extension of Second Chance Month which the administration has previously used to promote marijuana reform efforts.

None of the 16 people who received pardons or commutations on Wednesday were convicted for cannabis-related offenses, however, despite increased calls for broader marijuana clemency.

“Many of these individuals received disproportionately longer sentences than they would have under current law, policy, and practice,” Biden said. “The pardon recipients have demonstrated their commitment to improving their lives and positively transforming their communities. The commutation recipients have shown that they are deserving of forgiveness and the chance at building a brighter future for themselves beyond prison walls.”

“Like my other clemency actions, these pardons and commutations reflect my overarching commitment to addressing racial disparities and improving public safety,” the president said. “While today’s announcement marks important and continued progress, my Administration will continue to review clemency petitions and deliver reforms in a manner that advances equal justice, supports rehabilitation and reentry, and provides meaningful second chances.”

Today, I am using my clemency power to pardon 11 individuals and commute the sentences of 5 individuals who were convicted of non-violent drug offenses.

These recipients have shown that they deserve forgiveness and the chance at building a brighter future beyond prison walls.

— President Biden (@POTUS) April 24, 2024

Advocates are encouraged to see the administration continue to grant and promote clemency for people criminalized over drugs, but this latest round serves as a reminder that thousands of people remain incarcerated over federal marijuana offenses.

Biden has issued two rounds of mass cannabis pardons for people with federal possession convictions on their records, but that didn’t release anyone from prison, despite the president repeatedly suggesting as much.

“While I applaud President Biden for pardoning individuals like my friend Jason Hernandez, who undoubtedly deserve a second chance, I am deeply disappointed that he continues to overlook those incarcerated on federal marijuana charges,” Weldon Angelos, who received a presidential pardon under the Trump administration for his own cannabis case, told Marijuana Moment on Wednesday.

“Over half the country has legalized marijuana, and even the president agrees that it should be rescheduled,” he said. “Yet, he does not see the urgency in releasing those who are unjustly imprisoned for marijuana offenses—many of whom would not be prosecuted today.”

“This oversight is a glaring missed opportunity to correct clear injustices within our legal system and to honor his campaign promises,” Angelos said. “It makes no sense to repeatedly leave out the most deserving group from his clemency grants.”

NORML Political director Morgan Fox said he is “disappointed that this round did not include any cannabis prisoners, but I’m hopeful that this move is indicative of the administration hearing the nationwide call for conviction relief for behavior that is increasingly legal at the state level and which most Americans don’t think should be illegal in the first place.”

“This should be step one in a regular and increasing cadence of clemency actions including the many open appeals for victimless cannabis-related offenses and expanding eligibility for the pardons that the president has already granted,” he said.

While today’s announcement marks important and continued progress, my Administration will continue to review clemency petitions and deliver reforms in a manner that advances equal justice, supports rehabilitation and reentry, and provides meaningful second chances.

— President Biden (@POTUS) April 24, 2024

Last month, 36 members of Congress implored Biden to grant clemency to all Americans currently in federal prison over non-violent cannabis convictions by commuting their sentences, pointing out that the pardons he’s issued to date for simple possession cases did not release a single person from incarceration.

Biden has strongly indicated that he’s uninterested in expanding his marijuana clemency efforts beyond people who’ve faced convictions for use or simple possession, however. At a campaign stop in Wisconsin last month, for example, he said that “if you’re out selling it, if you’re out growing, it’s a different deal.”

But as the election approaches, it’s clear that the administration recognizes the popularity of cannabis policy reform. Both Biden and Harris touted their reform actions at exactly 4:20pm ET on the cannabis holiday 420 on Saturday, for example.

The president also discussed the marijuana actions in a historic context last month, during his State of the Union address.

Harris, meanwhile, separately urged DEA to finish its review and reschedule marijuana “as quickly as possible” while meeting pardon recipients for a roundtable event at the White House last month. Behind closed doors, she also said “we need to legalize marijuana.”

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