I have a bunch of thoughts actually, none of them so flattering. I’m going to break them down by category.
President Biden pardoned 6,500 people previously convicted of “simple possession” of marijuana under federal law. The pardons don’t release anyone from prison, as no one was in federal prison for this dubious crime. Everyone serving time for simple possession of cannabis is in state prison for violations of state (and not federal) controlled substances laws.
It’s also important to understand that nearly everyone arrested and prosecuted for federal cannabis crimes is nailed for trafficking (i.e., distribution and/or intent to distribute). Biden didn’t pardon any of these people, including the nonviolent traffickers. I’m guessing none of them will ever see a presidential pardon. Their only hope is through proposed legislation like the MORE Act or the CAOA, which would make non-violent cannabis crimes expungable, automatically or otherwise.
Finally, the pardon is also just a “pardon.” It doesn’t expunge the underlying convictions at issue, or clear anyone’s record. In many ways, the 6,500 pardonees find themselves in a similar spot today as prior to October 5. They are still walking around as convicted criminals of record, and will be for the foreseeable
Read full article on HarrisBricken
