Presidential Pardon – Marijuana Cases

Some federally-charged marijuana convictions have received clemency under President Joe Biden’s pardon, announced on Oct. 6, 2022.

The Presidential Pardon applies to more than 6,500 federal convictions on simple marijuana possession. Officials said no one is currently serving a federal prison term for simple marijuana possession charges alone.

The pardon does not affect state-prosecuted convictions for simple possession or federal trafficking offenses.

Convictions for Simple Possession of marijuana have been pardoned

The United States Justice Department will supervise the issuance of certificates to those eligible for a pardon. The document, which will be available upon completing an application and receiving Justice Department approval, will state they have been officially pardoned for their crime. The Department will post the application form on its Office of the Pardon Attorney website as soon as it is available.

Under federal law, simple possession – meaning there is no intent to distribute the drug – remains punishable by up to a year in prison with a fine up to $1,000.

For more information, the Justice Department addresses questions about the pardon in this FAQ.


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