Biden Looks To Weed Decriminalization: What It Means For NJ

NEW JERSEY — President Joe Biden's pardons for those convicted of cannabis possession won't free many from prison. But it could build momentum for state-level reforms — even in states like New Jersey that have legalized recreational weed.

President Biden's pardons could help more than 6,500 people with employment, housing and other opportunities. But with only 149 people in federal prison for simple possession of marijuana in the fiscal year 2021, the significant majority of weed-related incarceration comes from the state level.

But the president took two steps that could lead to policy changes. President Biden directed Health and Human Services Secretary Xavier Becerra and Attorney General Merrick Garland to review the substance's scheduling under federal law. Weed is classified as a Schedule I drug — the classification meant for the most dangerous substances. Additionally, President Biden urged governors to use their clemency powers to keep people out of jail and prison for mere marijuana possession.

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

• Read more: Biden Takes First Major Step Toward Decriminalizing Marijuana

President Biden believes limitations on trafficking, marketing and underage sales should remain in place.

New Jersey legalized recreational cannabis for ages 21 and older last year — months after a state referendum to do so passed with 67 percent approval in the 2020 election. But social-justice advocates have called on Gov. Phil Murphy to grant clemency to everyone in state prisons for cannabis-related offenses.

The new state laws require the expungement of certain marijuana and hashish convictions, including possession-related offenses. New Jersey also permitted re-sentencing for low-level possession charges.

But in January, several organizations called on Murphy to do more in an open letter published by the Last Prisoner Project. The coalition urged the governor to grant categorical clemency to all incarcerated in state prisons for cannabis offenses.

The coalition includes the New Jersey chapter of the NAACP, the New Jersey Cannabis Trade Association, the New Jersey Harm Reduction Coalition, and rapper and Newark native Redman, among many others.

"New Jersey is projected to bring in up to $173.5 million a year in tax revenue from the sale of legal cannabis," the letter says. "While the state has taken steps to allow for automatic expungement and limited resentencing, current efforts should be accelerated so that the cases of those who remain imprisoned for a cannabis-related crime in New Jersey are addressed before others begin to profit."

The Last Prisoner Project — a group dedicated to freeing individuals "unjustly" imprisoned for cannabis — lauded President Biden's pardons but said more must be done.

Sen. Cory Booker (D-NJ), who has been urging President Biden to take action on cannabis reforms, took a similar stance. From July: End Federal Weed Ban, NJ Sen. Cory Booker Tells President Joe Biden

"Now it’s time for Congress and states to put an end to our failed policies," Booker said in a statement, "by legalizing and appropriately regulating cannabis, taxing cannabis, reinvesting proceeds in communities disproportionately harmed by the War on Drugs, and expunging criminal records for nonviolent drug offenses."