Letter to Hon. Joseph R. Biden, President of the United States - Markey, Warren, and Merkley Urge Biden to Issue Blanket Cannabis Pardons

Letter

Dear Mr. President:

After over a century of failed and racist cannabis policies, we write to urge a change of
course: we request that you use your executive authority to pardon all individuals convicted of
non-violent cannabis offenses, whether formerly or currently incarcerated.

America's cannabis policies have punished Black and Brown communities for too long.
Beginning at the turn of the 20th century, states enacted anti-cannabis laws to specifically target
Mexican immigrants and Mexican Americans. By 1937, the battle against cannabis--buoyed by
a high-profile campaign relying on racist tropes--had escalated to a federal ban. In the 1970s,
President Nixon launched the War on Drugs over the objections of his own advisors and experts,
spawning mass incarceration policies with devastating effects on Black and Brown families.
Today, despite legalization efforts across the country and roughly equal cannabis usage
rates, Black Americans are still nearly four times as likely to be arrested for cannabis possession
as white Americans.

These policies are increasingly out of step with the views of the American public. Nearly
7 in 10 Americans believe that cannabis should be legalized. Eighteen states, two territories, and
the District of Columbia have legalized cannabis for recreational use, all in the past decade. Twenty-seven states--ranging from New York to North Dakota--plus D.C. have decriminalized
the possession of small amounts of cannabis. Thirty-six states, three territories, and D.C. have
allowed for the medical use of cannabis. And a number of tribal governments have legalized
cannabis for various purposes.

Our country's cannabis policies must be completely overhauled, but you have the power
to act now: you can and should issue a blanket pardon for all non-violent federal cannabis
offenses, fulfilling your promises to the American people and transforming the lives of tens of
thousands Americans.11 As a candidate for President, you argued that "we should decriminalize
marijuana" and "everyone [with a marijuana record] should be let out of jail, their records
expunged, be completely zeroed out."12 The first and simplest step in the process is a blanket
pardon. The Constitution grants you the authority to pardon broad classes of Americans to
correct widespread injustice, as previous Presidents have done.13 Most importantly, such a
pardon--combined with your leadership on an accessible expungement process to formally clear
the criminal records of those affected--would mark the beginning of a reversal of decades of
ineffective and discriminatory cannabis policies, allowing Americans to return to their
communities, find housing and jobs, and rebuild their lives without the burdens of an unjustly
imposed criminal record.

We urge you to act swiftly on behalf of the countless Americans punished by the
country's senseless cannabis laws. Thank you for your attention to this important matter.

Sincerely

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