Just before Christmas, the White House announced that President Joe Biden has granted cannabis pardons to thousands of individuals convicted of using and possessing marijuana on federal lands and in the District of Columbia. This move is part of the President’s ongoing efforts to address racial disparities in the justice system through executive clemency.

This comprehensive pardon follows a similar initiative launched just before the 2022 midterm elections, which pardoned thousands convicted of simple possession on eligible federal lands. The action expands the scope of criminal offenses covered by the pardon. Biden also extended clemency to 11 people serving what the White House described as “disproportionately long” sentences for nonviolent drug offenses.

President Biden said in a statement that he believes these actions will contribute to turning the “promise of equal justice” into a reality. However, his decision, while significant, will have little impact beyond its limited scope.

What President Biden Did With the Cannabis Pardons

The action taken by Biden involved pardoning prior offenses of simple possession of cannabis as well as issuing a proclamation pardoning any additional offenses of simple possession and use of marijuana under federal and D.C. law.

“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” Biden said in the statement. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”

He said that just as he is taking steps to ensure that no one goes to federal prison, “no one should be in a local jail or state prison for that reason, either. That’s why I continue to urge governors to do the same with regard to state offenses and applaud those who have since taken action.” That includes steps taken in Oregon last year.

Congress No Closer To Changing Federal Law

The new law mirrors moves made by Biden at the end of 2022, when he announced similar clemencies and directed Health and Human Services and the Attorney General to review how cannabis is scheduled. Since then, health officials have recommended reclassifying cannabis to a less dangerous level (Schedule III) under federal law. Cannabis advocates hope such a move will open the door for full legalization of cannabis at the federal level.

While federal lawmakers have yet to reach a consensus on marijuana policy, Congress did enact a law last year aimed at streamlining research on marijuana for medical purposes.

In October, a bill seeking federal legalization of marijuana was reintroduced by a Republican House Representative, garnering bipartisan support. This legislation was initially introduced in 2021. Conversely, a Democrat-led bill advocating for the decriminalization of marijuana passed in the House but faced an impasse in the Senate.

Despite the inaction by Congress, Americans support legalization. According to a Pew Research Center poll conducted last year, a significant majority of Americans (59%) expressed the view that marijuana should be legal for both medical and recreational use by adults.