A group of 36 lawmakers in the United States Congress have sent a letter to President Biden urging clemency for those in federal prisons for marijuana-related offenses
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The letter, led by Congressmembers Barbara Lee (D-CA) and Earl Blumenauer (D-OR), was sent yesterday to the White House.
“Dear President Biden”, begins the letter. “We urge you to grant clemency to the many individuals currently incarcerated in federal prison for nonviolent marijuana offenses. The continued incarceration of these individuals continues the racist legacy of the War on Drugs, contradicts the current societal and legal trends regarding marijuana, and represents an unnecessary burden on our morals and justice system.”
The letter goes on to say that “for decades, unfair cannabis policies have led to unjust incarcerations and worsened racial disparities in the criminal justice system, with people of color representing a disproportionate rate of marijuana arrests. The continuation of the outdated cannabis prohibition would represent a miscarriage of justice impacting all Americans.”
The group says that “Today, it is clearer than ever that the American people are demanding an end to outdated cannabis laws. Now, 38 states, the District of Columbia, Guam, the Northern Mariana Islands and the U.S. Virgin Islands have legalized medicinal cannabis, and 24 states, the District of Columbia, Guam, the Norther Mariana Islands and the U.S. Virgin Islands have enacted adult-use policies.”
The letter notes despite a lack of marijuana legislation passing Congress, Biden has actions he could take on his own
“Until the day Congress sends you a marijuana reform bill to sign, you have a unique ability to lead on criminal justice reform and provide immediate relief to thousands of Americans. As a presidential candidate, you promised to decriminalize marijuana, free people incarcerated for marijuana offenses, and expunge criminal records (“completely zeroed out”). We applaud your Administration for working to “correct our country’s failed approach to marijuana,” and, among other things, we commend your general pardon for previous federal offenses of simple marijuana possession, attempted simple possession, and marijuana use.”
The letter notes:
Unfortunately, none of the previous pardons released a single person from federal prison for marijuana offenses. Federal courts sentence only a couple hundred simple marijuana possession cases each year,1 and no one sentenced for simple possession is in federal prison.2 The general pardon also failed to provide much relief to those haunted by criminal records – the bulk of federal marijuana cases involve felony offenses, which, unlike the misdemeanors you pardoned, impose serious civil disabilities (e.g., disenfranchisement) and crippling collateral consequences (e.g., barriers to employment, housing, and education).
The letter concludes by stating:
We ask that you commute the federal prison sentences of all individuals who are incarcerated for nonviolent marijuana offenses. We also call upon you to pardon such offenses for people who already live peacefully in free society and to support federal legislation to expunge marijuana offenses. In doing so, you would be helping to fulfill the promises you’ve made, while also meaningfully improving people’s lives and building upon the historic statement made by your previous general pardon.
