As Black History Month comes to a close, President Joe Biden highlighted cannabis and the racially disproportionate impact of cannabis enforcement, touting his 2022 move to pardon people for cannabis crimes.
“Another thing about equal justice. I’m keeping my promise: No one should be in prison for the mere possession of marijuana,” Biden said. “Too many minorities are in prison for that. So, what I’ve passed — we should pardon them, expunge their records as if it never happened so they have a chance again in society.”
The White House also separately highlighted the cannabis policy actions taken over the past year, including Biden’s proclamation of cannabis pardons along with the review he directed to look into the federal scheduling of cannabis. These actions are outlined in a new fact sheet on the administration’s moves to advance “equity and opportunity for Black Americans and communities across the country.”
“Over the past two years, President Biden has worked to advance racial equity and ensure the promise of America for Black Americans and all communities across the country,” the fact sheet says, carrying on to outline policy from the Biden-Harris Administration that ensures “all all African American families and communities can live with dignity, safety, and respect and enjoy true equal opportunity.”
In October 2022, Biden announced that he was pardoning everyone convicted of simple cannabis possession under federal law, additionally urging governors to pardon those convicted on state possession charges.
The fact sheet says that Biden took “bold action” to address the country’s failed approach to cannabis, calling attention to the similar cannabis use rates across races while “Black and brown people are disproportionately arrested, prosecuted and convicted for it.” The fact sheet additionally says that Biden’s pardon action “lifts barriers to housing, employment, and educational opportunities for thousands of people with those prior convictions.”
Biden’s mass pardons covered people who committed non-violent federal cannabis possession offenses at the federal level and under Washington, D.C. law, though it did not free anyone currently incarcerated and also excludes people who were convicted of selling cannabis. These limitations were met with criticism among advocates, who argued that, while it’s a start, Biden’s pardon move didn’t do enough.
Cannabis reform advocates have also expressed frustration over the Department of Justice’s (DOJ) slow moves in this regard. Namely, the DOJ still hasn’t made application forms available for people who wish to obtain certificates showing they are covered by the pardon proclamation.
In December, U.S. Pardon Attorney Elizabeth Oyer said that the DOJ would “soon” give people the opportunity to obtain these certificates and that applications should only take 10 minutes to complete. Oyer also said that, even though Biden’s mass pardon excluded immigrants with citizen status issues, it’s still possible these groups will be able to receive relief so long as they apply through the traditional, individualized clemency process.
Aside from cannabis, Biden and Vice President Kamala Harris centered the importance of recognizing Black history, especially relevant coming after Florida’s recent block on a new advanced course on African American studies from being taught in its high schools.
“It’s important to say from the White House for the entire country to hear: History matters. History matters and Black history matters,” Biden said. “I can’t just choose to learn what we want to know. We learn what we should know. We have to learn everything, the good, the bad, the truth, and who we are as a nation. That’s what great nations do.
Earlier in February, Biden signed a new executive order, “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” which reaffirms the administration’s commitment to equity and “build an America in which all can participate, prosper, and reach their full potential.”
The order doesn’t build on administrative cannabis reforms, instead focusing on promoting equity within federal agencies and the White House.
