Statement From Representative Adriano Espaillat on President Biden's Efforts to Pardon Federal Offenses of Simple Marijuana Possession

Press Release

Today, Rep. Adriano Espaillat (NY-13) issued the following statement in support of President Biden's announcement to pardon federal offenses of simple marijuana possession.

"I commend President Biden on today's actions to pardon federal offenses of simple marijuana possession," said Rep. Espaillat. "As the President has said repeatedly, no one should be in jail solely for using or possessing marijuana. Far too many people are serving long sentences for non-violent drug crimes, and while use of marijuana is similar across all communities, historically, Black and brown communities are disproportionately arrested and convicted. Arrests and jail sentences for conduct that is now legal in many states has upended lives, torn apart families, and needlessly held people back from stable housing, employment, and education.

"By pardoning thousands of people with prior federal offenses of simple marijuana possession, calling on states to do the same, and urging Secretary Becerra and the Attorney General to review how marijuana is scheduled under federal law, President Biden is reinforcing our commitment to advancing justice. This decision is tremendous for our community given that people of color are the ones largely affected by the criminalization of marijuana and largely incarcerated for it," Espaillat concluded.

President Biden's three step approach:

First, the President is announcing a full and unconditional pardon of all prior federal offenses for simple possession of marijuana by U.S. citizens and lawful permanent residents. This pardon will help thousands with prior convictions seeking housing, employment, benefits, and educational opportunities who are currently ineligible based on federal statutory or regulatory bars on individuals with prior drug convictions.

Second, the President is urging all Governors to follow his lead and issue pardons for state marijuana possession offenses. Just as no one should be in a federal prison solely due to the simple possession of marijuana, no one should be in a local jail or state prison for that reason, either.

Third, the President is asking the Secretary of HHS and the Attorney General to begin the administrative process of reviewing how marijuana is scheduled under federal law. Marijuana is currently a Schedule I drug, treated the same as heroin and LSD and more strictly than fentanyl and methamphetamine -- the drugs driving our overdose epidemic. Changing how marijuana is scheduled would advance research and facilitate the appropriate medical use of marijuana.

"Today's announcement is a first step in our long awaited efforts to decriminalize marijuana possession, once and for all," Espaillat concluded.

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