The Marshall Project released an article Friday where they argued President Joe Biden’s mass pardon for those convicted of simple federal marijuana possession won’t actually let anyone out of prison.
Biden announced Oct. 6 he was “pardoning all prior federal offenses of simple marijuana possession,” and argued “no one should be in jail just for using or possessing marijuana” — despite there being no one currently in federal custody for the charge, according to a report from the U.S. Sentencing Commission (USSC).
Federal law enforcement is typically not responsible for carrying out the policing that leads to a drug possession arrest, unless the drug possession concerns interstate travel and federally controlled locations such as the U.S. border, The Marshall Project reported.
At the federal level, there are roughly 6,500 people who have prior simple marijuana possession charges on their criminal record, according to the reform group. Those people’s civic rights will only be restored if that is the only felony on their record, the Marshall Project reported. None of these individuals are currently in custody.
Less than 800 marijuana possession cases reached federal court in 2020, with half leading to convictions, the Marshall Project reported. Those convicted typically did so by way of guilty plea which led to an average prison sentence of six months, according to the group.
Video Reportedly Shows Bride Smiling Awkwardly As Guests Are Stretchered Out Of Cannabis-Laced Wedding Party https://t.co/6z8XdzACyq
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Biden urged governors to follow his lead on the state level, despite the fact that 19 states and Washington, D.C. had legalized all marijuana, and 37 states had legalized medical marijuana by the time Biden announced the pardon in October, according to Reuters. About 2 million marijuana convictions have been pardoned or expunged in states where the drug is legal, the outlet reported. (RELATED: Massachusetts Lawmakers Want To Clear All ‘Obstacles’ So Kids Can Use Medical Cannabis In School)
There are an estimated 30,000 people still in state prisons nationwide with non-simple marijuana possession charges, and about 3,000 people in federal prison with the same charge, Reuters continued, citing advocacy group the Last Prisoner Project. It’s unclear how many of these individuals were sentenced based on other felony charges, but the op-ed suggests none.