In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code). As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities. Through this proclamation, consistent with the grant of Proclamation 10467, I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana. Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of:
(1) section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana;
(2) section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;
(3) section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and
(4) provisions in the Code of Federal Regulations, including as enforced under the United States Code, that prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).
My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in paragraphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations consistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled substances or activity beyond simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.
Pursuant to the procedures in Proclamation 10467, the Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications for certificates of pardon and shall issue such certificates of pardon to eligible applicants in due course.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth.
JOSEPH R. BIDEN JR.
Title is wrong: NOT future. Only “on or before the date of this proclamation.” (I don’t think it’s possible to pardon people in the future)
While I don’t know if this is legal, I think the poster is pointing towards the following line for the future part
regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation
Looking at this site, the poster is misinterpreted the line
Which, of course, is related to the criminal justice process against acts committed on or before this date. If you’re caught smoking a joint tomorrow, you don’t qualify for this blanket pardon.
However, the fact that this blanket pardon exists suggests that a “refresh” of this blanket pardon would likely exist in the future, extending the cutoff date further. That should have the effect of making simple possession or use charges at the federal level far less common, i.e., they would be used only to gain leverage on someone suspected of a greater crime, and not as the major charge. (I’m not saying that’s “right,” just saying that’s the reality.)
However, the fact that this blanket pardon exists suggests that a “refresh” of this blanket pardon would likely exist in the future, extending the cutoff date further.
In fact, this is the refresh of the 2022 pardon and he’s making a point to note that. This is as close as you can get to a yearly pardon without running into gnarly constitutional issues. It’s a new magic Christmas tradition.
on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana
Not a pardon of future offenses.
*on federal lands
Is this for federal charges only? (Ie Not state charges.)
now do it nationwide! just legalize it on the federal level already for christs sake
Unfortunately that can only be done without a senate resolution. Please remember to write your congressman.
In the meantime Biden has appealed to the DEA to review rescheduling the drug to a lower classification. Along with these pardons he has done everything in his power.
We declared war on half the planet without congressional approval. I don’t get how that can get done but legalizing marijuana can’t.
https://en.m.wikipedia.org/wiki/Authorization_for_Use_of_Military_Force_of_2001
tl;dr it was with Congressional approval. Congress passed a blanket authorization of military force after 9/11 to do anything deemed necessary to go after some loosely defined terrorism.