Amid growing pressure, President Joe Biden commuted the sentences of nearly 1500 individuals, including dozens of pardons for non-violent drug convictions.
In the largest single-day act of clemency in modern US history, almost 1,500 individuals who were placed on home confinement under the CARES Act during the COVID-19 pandemic saw their sentences commuted.
While this does not nullify their convictions, and these individuals will still retain a criminal record, a further 39 pardons were issued to individuals convicted of non-violent crimes, including drug offenses, seeing their offenses forgiven entirely.
A statement from the White House emphasised Biden’s action on cannabis clemency, stating that he is ‘the first President ever to issue categorical pardons to individuals convicted of simple use and possession of marijuana’.
Historically, President Andrew Johnson issued over 7,000 pardons to former Confederate soldiers, and President Jimmy Carter granted pardons to over 200,000 Vietnam War draft dodgers. However, these were broad categorical pardons, whereas Biden’s recent action is noted for the sheer number of individual clemency grants in a single day.
The action comes amid growing calls for the outgoing president to make good on his promises of widespread clemency for low-level cannabis convictions, following the controversial pardon of his son Hunter.
Last Prisoner Project, which provided direct legal representation, financial assistance, and advocacy to support the clemency of five individuals included in Biden’s latest act of clemency, are continuing to push the President to go further before his term ends.
LPP Executive Director, Sarah Gersten said: “We are heartened to see the President using his clemency power more robustly and are thrilled to see five of our clients receive commutations.
“We remain eager to see more grants before Biden leaves office for our clients who remain incarcerated. It’s clear from the White House’s statement that the administration sees nonviolent drug offenders, and particularly those impacted by unjust cannabis offenses, as a critical category of clemency recipients deserving relief.”
Despite his actions going further than any previous president on overturning non-violent cannabis convictions, not a single incarcerated individual has been released from prison under these actions to date.
The White House statement suggested more could be on the way, stating that Bide ‘will continue to review clemency petitions and deliver criminal justice reform in a manner that advances equity and justice, promotes public safety, supports rehabilitation and reentry, and provides meaningful second chances.’
When voters were asked about the various groups that Biden could issue pardons for in a recent survey from Data For Progress, they said people convicted of possessing small amounts of drugs for personal use, by a +39-point margin.
Pressure is also mounting on the incoming President, Donald Trump, as two leading cannabis reform organizations, the Marijuana Policy Project (MPP) and NORML, have jointly issued a memo outlining key federal cannabis reforms for the incoming president to consider.
At the forefront of the proposed reforms is the call to end federal cannabis prohibition, allowing states to decide cannabis policy without undue federal interference, citing Trump’s previous campaign statements, where he expressed support for state autonomy in cannabis policy.
Additionally, the organizations urge the administration to protect gun rights for cannabis consumers, ensuring that individuals who use cannabis can still buy and possess firearms without facing undue restrictions.
