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Direct Headline: Lawmakers, Experts React to Biden Marijuana Pardon
By Joseph Lord October 8, 2022
....Scott Chipman, vice president of Americans Against Legalizing Marijuana (AALM).... position on the issue, Chipman said, “It’s kind of a meaningless gesture because it’s going to have virtually no real impact other than the headlines.”...Chipman explained that the real-world effects of the executive action will be minimal at best. The story behind federal marijuana possession charges, Chipman said, is more complicated than what Biden is letting on....While most people “imagine that [Biden is] pardoning a black or brown, young man who was was arrested for joints in their pocket,” the situation is more complex, Chipman said. The notion of a black man getting out of prison because of Biden’s pardon.... “is not the case. That’s never been the case. That’s not the case here. He’s only expunging records. Nobody’s getting out of jail about this.....No one is in federal prison for simple possession. Literally no one.”
....“Approximately 6,500 people since 1992, have had a marijuana possession conviction on their records. That’s what this White House has said—6,500. There were only 1,734 marijuana offenders sentenced in 2019. And not all of them were sentenced to prison.....Most of them pled down from much more serious charges.....And they also have other charges on their record in addition to a marijuana charge. So expunging a marijuana record is not going to get rid of felony assault or bank robbery, or murder. So you’re still gonna have a record for most of these people. That’s not their only charge.”....According to statistics, Chipman added, federal marijuana convictions generally entail more than a few joints worth of marijuana. Instead, Chipman said, citing stats from the U.S. Bureau of Justice Statistics, “the median amount of marijuana involved in a conviction for marijuana-only possession offenders was (over a hundred) pounds.”.....“One-hundred-and-fifty pounds is a huge amount,” Chipman said, noting that, depending on how they’re assembled, that’s enough marijuana for around 100,000 joints. These are typically drug dealers, they’re traffickers who are preying on our young people with a drug that is very dangerous to their health.....”
....“The marijuana industry is spinning this as if this is a move towards legalization because of his call for the review of the scheduling of marijuana. They’re very good at public relations,” Chipman said, explaining that under normal circumstances the Department of Health and Human Services is required to look at several legislatively-determined factors in deciding how to schedule a drug under the Controlled Substances Act.....“The reality is, this will be done in a review process by Health and Human Services, civil servants....And there’s a requirement for eight factors of analysis. This has been done multiple times, most recently in 2015. And every time this analysis has been done, the marijuana rescheduling has failed. This is not new, it’s been done over and over again.....So unless there’s going to be some thumb put on the scale, and the same criteria is used....this will not pass the muster of rescheduling.....”
....President Joe Biden on Oct. 6 announced his decision to pardon every person who was convicted of possessing marijuana on a federal level or in the District of Columbia....“There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden,” Biden said...there are over 6,500 people with federal convictions from 1992 to 2021....No people, however, are currently in federal prison solely for possession of marijuana, a Biden administration official told reporters on a call.....Biden’s proclamation makes clear that the pardons do not apply to any other offense, and do not apply to non-citizens who weren’t legally present in the United States at the time they possessed marijuana....
“As I’ve said before, no one should be in jail just for using or possessing marijuana,” Biden wrote. “Today, I’m taking steps to end our failed approach.....Second: I’m calling on governors to pardon simple state marijuana possession offenses. Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either.....
...Speaker of the House Nancy Pelosi (D-Calif.) also commended the move in a Twitter thread. Pelosi’s son works in the marijuana industry..."....Failed federal drug policies—which have specifically targeted communities of color—have torn apart too many families...."
...Rep. Ilhan Omar (D-Minn.), one of the most progressive members of the House of Representatives, agreed....Omar also claimed that “legalizing marijuana is a civil rights issue.”...“Black Americans are 3.5X more likely to be arrested for marijuana possession compared to white Americans, despite similar usage....It’s time we begin undoing the devastation caused by the war on drugs....”
https://www.theepochtimes.com/lawmakers-experts-react-to-biden-marijuana-pardon_4783091.html
Direct Headline: Here’s who is not eligible for Biden’s marijuana pardon
By Maegan Vazquez and Aditi Sangal, CNN October 8, 2022
....But despite (Biden's) words, there is still a broad set people who will not see immediate relief from Biden’s recent actions – some who he could have pardoned and some who he doesn’t have the power to pardon. Among those who Biden does not have power to pardon are thousands of individuals who have faced state charges for simple marijuana possession....The President’s presidential pardon power is limited to federal criminal cases and does not extend to state criminal charges. As part of his moves Thursday, Biden called on governors to issue similar pardons to those with state marijuana offense convictions.
1) Unlawfully present non-citizens charged federally with simple possession of marijuana
Biden’s presidential proclamation states that his pardon “does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.” This suggests that undocumented immigrants will not be pardoned for existing federal charges for simple marijuana possession....Data from the US Sentencing Commission indicates that during fiscal year 2021 some 72% of federal offenders in a case of marijuana possession were non-citizens. ....“If you’re in deportation proceedings or applying for a visa or applying green card, and you’re charged for possession, you will be denied. And you won’t be eligible for a waiver....You could be denied a green card and you would be denied for life....”
2) Individuals charged in the future with federal simple marijuana possession offenses
The Department of Justice says that federal marijuana possession offenses that occur after October 6, 2022 – the date of the presidential proclamation – will not protect individuals from being charged down the road....“The proclamation pardons only those offenses occurring on or before October 6, 2022. It does not have any effect on marijuana possession offenses occurring after October 6, 2022,” DOJ says.
3) Individuals charged with other offenses
While Biden’s pardons will impact thousands who face simple possession charges, the act of clemency will not apply to all types of federal marijuana offenses.....“Conspiracy, distribution, possession with intent to distribute, and other charges involving marijuana are not pardoned by the proclamation,” the Justice Department says....The DOJ also says the pardon does not apply to individuals who were convicted of possessing multiple different controlled substances in the same offense – including a charge related to possessing marijuana and another controlled substance in a single offense....“For example, if you were convicted of possessing marijuana and cocaine in a single offense, you do not qualify for pardon under the terms of President Biden’s proclamation,” the Justice Department explained. “If you were convicted of one count of simple possession of marijuana and a second count of possession of cocaine, President Biden’s proclamation applies only to the simple possession of marijuana count, not the possession of cocaine count....”
The move also is not expected to remove any individuals from prison.
https://www.cnn.com/2022/10/08/politics/biden-marijuana-possession-pardons/index.html
By Joseph Lord October 8, 2022
....Scott Chipman, vice president of Americans Against Legalizing Marijuana (AALM).... position on the issue, Chipman said, “It’s kind of a meaningless gesture because it’s going to have virtually no real impact other than the headlines.”...Chipman explained that the real-world effects of the executive action will be minimal at best. The story behind federal marijuana possession charges, Chipman said, is more complicated than what Biden is letting on....While most people “imagine that [Biden is] pardoning a black or brown, young man who was was arrested for joints in their pocket,” the situation is more complex, Chipman said. The notion of a black man getting out of prison because of Biden’s pardon.... “is not the case. That’s never been the case. That’s not the case here. He’s only expunging records. Nobody’s getting out of jail about this.....No one is in federal prison for simple possession. Literally no one.”
....“Approximately 6,500 people since 1992, have had a marijuana possession conviction on their records. That’s what this White House has said—6,500. There were only 1,734 marijuana offenders sentenced in 2019. And not all of them were sentenced to prison.....Most of them pled down from much more serious charges.....And they also have other charges on their record in addition to a marijuana charge. So expunging a marijuana record is not going to get rid of felony assault or bank robbery, or murder. So you’re still gonna have a record for most of these people. That’s not their only charge.”....According to statistics, Chipman added, federal marijuana convictions generally entail more than a few joints worth of marijuana. Instead, Chipman said, citing stats from the U.S. Bureau of Justice Statistics, “the median amount of marijuana involved in a conviction for marijuana-only possession offenders was (over a hundred) pounds.”.....“One-hundred-and-fifty pounds is a huge amount,” Chipman said, noting that, depending on how they’re assembled, that’s enough marijuana for around 100,000 joints. These are typically drug dealers, they’re traffickers who are preying on our young people with a drug that is very dangerous to their health.....”
....“The marijuana industry is spinning this as if this is a move towards legalization because of his call for the review of the scheduling of marijuana. They’re very good at public relations,” Chipman said, explaining that under normal circumstances the Department of Health and Human Services is required to look at several legislatively-determined factors in deciding how to schedule a drug under the Controlled Substances Act.....“The reality is, this will be done in a review process by Health and Human Services, civil servants....And there’s a requirement for eight factors of analysis. This has been done multiple times, most recently in 2015. And every time this analysis has been done, the marijuana rescheduling has failed. This is not new, it’s been done over and over again.....So unless there’s going to be some thumb put on the scale, and the same criteria is used....this will not pass the muster of rescheduling.....”
....President Joe Biden on Oct. 6 announced his decision to pardon every person who was convicted of possessing marijuana on a federal level or in the District of Columbia....“There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden,” Biden said...there are over 6,500 people with federal convictions from 1992 to 2021....No people, however, are currently in federal prison solely for possession of marijuana, a Biden administration official told reporters on a call.....Biden’s proclamation makes clear that the pardons do not apply to any other offense, and do not apply to non-citizens who weren’t legally present in the United States at the time they possessed marijuana....
“As I’ve said before, no one should be in jail just for using or possessing marijuana,” Biden wrote. “Today, I’m taking steps to end our failed approach.....Second: I’m calling on governors to pardon simple state marijuana possession offenses. Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either.....
...Speaker of the House Nancy Pelosi (D-Calif.) also commended the move in a Twitter thread. Pelosi’s son works in the marijuana industry..."....Failed federal drug policies—which have specifically targeted communities of color—have torn apart too many families...."
...Rep. Ilhan Omar (D-Minn.), one of the most progressive members of the House of Representatives, agreed....Omar also claimed that “legalizing marijuana is a civil rights issue.”...“Black Americans are 3.5X more likely to be arrested for marijuana possession compared to white Americans, despite similar usage....It’s time we begin undoing the devastation caused by the war on drugs....”
https://www.theepochtimes.com/lawmakers-experts-react-to-biden-marijuana-pardon_4783091.html
Direct Headline: Here’s who is not eligible for Biden’s marijuana pardon
By Maegan Vazquez and Aditi Sangal, CNN October 8, 2022
....But despite (Biden's) words, there is still a broad set people who will not see immediate relief from Biden’s recent actions – some who he could have pardoned and some who he doesn’t have the power to pardon. Among those who Biden does not have power to pardon are thousands of individuals who have faced state charges for simple marijuana possession....The President’s presidential pardon power is limited to federal criminal cases and does not extend to state criminal charges. As part of his moves Thursday, Biden called on governors to issue similar pardons to those with state marijuana offense convictions.
1) Unlawfully present non-citizens charged federally with simple possession of marijuana
Biden’s presidential proclamation states that his pardon “does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.” This suggests that undocumented immigrants will not be pardoned for existing federal charges for simple marijuana possession....Data from the US Sentencing Commission indicates that during fiscal year 2021 some 72% of federal offenders in a case of marijuana possession were non-citizens. ....“If you’re in deportation proceedings or applying for a visa or applying green card, and you’re charged for possession, you will be denied. And you won’t be eligible for a waiver....You could be denied a green card and you would be denied for life....”
2) Individuals charged in the future with federal simple marijuana possession offenses
The Department of Justice says that federal marijuana possession offenses that occur after October 6, 2022 – the date of the presidential proclamation – will not protect individuals from being charged down the road....“The proclamation pardons only those offenses occurring on or before October 6, 2022. It does not have any effect on marijuana possession offenses occurring after October 6, 2022,” DOJ says.
3) Individuals charged with other offenses
While Biden’s pardons will impact thousands who face simple possession charges, the act of clemency will not apply to all types of federal marijuana offenses.....“Conspiracy, distribution, possession with intent to distribute, and other charges involving marijuana are not pardoned by the proclamation,” the Justice Department says....The DOJ also says the pardon does not apply to individuals who were convicted of possessing multiple different controlled substances in the same offense – including a charge related to possessing marijuana and another controlled substance in a single offense....“For example, if you were convicted of possessing marijuana and cocaine in a single offense, you do not qualify for pardon under the terms of President Biden’s proclamation,” the Justice Department explained. “If you were convicted of one count of simple possession of marijuana and a second count of possession of cocaine, President Biden’s proclamation applies only to the simple possession of marijuana count, not the possession of cocaine count....”
The move also is not expected to remove any individuals from prison.
https://www.cnn.com/2022/10/08/politics/biden-marijuana-possession-pardons/index.html
