Biden Pardons Thousands Of Marijuana Users: What It Means In MI

MICHIGAN — President Joe Biden on Friday pardoned thousands of Americans, potentially including some Michigan residents, who used marijuana on federal lands and in Washington and the District of Columbia in the past year, regardless of whether they were arrested or convicted.

Biden’s sweeping pardon is the latest round of executive actions aimed at correcting racial disparity in the justice system. It builds on a similar round of pardons just before the 2022 midterm elections that made pardons available to thousands of people convicted of simple marijuana possession on federal lands.

Friday’s action broadened the offenses covered by the pardon to include several other criminal statutes, including attempted simple possession. It does not pardon people convicted of selling the drug, which is illegal under federal law, or offenses such as driving while under the influence of an illegal substance.

Biden also extended clemency to 11 people serving what the White House called “disproportionately long” sentences for nonviolent drug offenses.

Biden, in a statement, said his actions would help make the "promise of equal justice a reality."

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

At the same time, Biden called on Gov. Gretchen Whitmer and the nation’s other governors to forgive similar state marijuana offenses.

“Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either,” Biden said.

The order applies only to marijuana, which has been legalized for recreational use in 24 states and medicinal use in 38, but remains a controlled substance under federal law.

Michigan became the first state in the Midwest to legalize recreational marijuana in 2018 when lawmakers passed the Michigan Regulation and Taxation of Marijuana Act, legalizing recreational marijuana for adults over the age of 21.

Any use of cannabis must take place in private, such as the user’s own residence in Michigan. It is illegal to use cannabis in a public space and illegal to carry cannabis in areas frequented by children, such as schools or school busses.

U.S. regulators are studying reclassifying the drug from the category of drugs deemed to have “no currently accepted medical use and a high potential for abuse,” known as “Schedule I,” to the less tightly regulated “Schedule III.”

The pardon does not apply to people who were in the United States unlawfully at the time of their offense. People seeking pardons need to apply through the Justice Department to receive certificates of pardon that can be used for housing and employment purposes.

Biden on Friday reiterated his call on governors and local leaders to take similar steps to erase marijuana convictions.

"Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either," Biden said.

The Associated Press contributed to this report