US President Joe Biden recently reduced eleven non-violent drug prison terms and pardoned a substantial number of marijuana possession offenses under federal law or in Washington, DC. Continuing his administration’s pursuit to reform the nation’s approach to marijuana, Biden’s actions are already drawing both praises and criticisms in equal measures.
The pardoning power, as enshrined in Article II of the US Constitution, is limited to federal offenses, thereby ineligible for offenders under state law. After reducing 11 prison sentences, Biden asserted that the criminal records for simple marijuana use and possession have imposed needless barriers to opportunities and it’s time for a change.
An earlier report by the US Sentencing Commission showed that sentencing rates for possession of marijuana have surprisingly declined in recent years. However, previous possession offences continue to significantly influence an individual’s subsequent sentencing score.
In 2022, Biden pardoned all prior federal offenses of simple possession of marijuana. Despite being illegal under US federal law under the Controlled Substances Act, marijuana’s status varies under state jurisdiction. Currently, recreational use of marijuana is legalized in 23 states, two territories and Washington DC.
Despite the president’s well-meaning moves, the reforms have come under scrutiny. Most notably, a coalition of cannabis companies in Massachusetts filed a lawsuit in October 2023 challenging the federal prohibition on marijuana as it applies to individual states. This indicates that there is a long and rocky road ahead to achieve an absolute, unambiguous stance regarding marijuana usage in the United States.
This news was originally published on JURIST News.