Biden Commutes Sentences of Nonviolent Drug Offenders Ahead of Holiday

President Joe Biden on Friday commuted the sentences of 11 individuals serving time for nonviolent drug offenses and pardoned additional marijuana offenses, continuing his effort to loosen rules for pot and make prosecution of drug crimes more equitable.

The pre-Christmas sentence commutations will free people who were sentenced to decades in prison – in some cases, mandatory life sentences – that they would not have received if they were convicted today, a White House official said. Others convicted of crack cocaine violations got much higher sentences than if their crimes involved powder cocaine – a sentencing disparity that disproportionately affects Black defendants, the administration noted.

Biden also signed a proclamation Friday to pardon some marijuana offenses, including use, simple possession and attempted simple possession for those convicted under federal law. That follows earlier moves by the president – who earlier in his political career was resistant to drug sentencing reforms – to lessen penalties for a drug that has been legalized in half of U.S. states and in the District of Columbia.

Even in states where marijuana has been legalized, individuals can still face penalties under federal law.

“America was founded on the principle of equal justice under law. Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect this core value that makes our communities safer and stronger,” Biden said in a statement. “That is why today I am announcing additional steps I am taking to make the promise of equal justice a reality.”

The marijuana proclamation, Biden said, is another step toward removing a stigma that has “imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs,” the president said.

The proclamation grants a “full, complete and unconditional pardon” to those convicted of the marijuana charges. Biden has not called for the outright federal legalization of marijuana.

Biden also urged governors to take similar action regarding marijuana-related offenses, saying that “just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either.”

The moves represent an evolution both in public attitudes toward marijuana use and Biden’s own approach to drug laws.

When Biden was a senator from Delaware, he was a fervent legislative soldier in the “War on Drugs,” co-authoring the Anti-Drug Abuse Act of 1986. That law reinforced the disparity in cocaine penalties Biden is trying to reverse now, imposing the same five-year minimum sentence for trafficking 5 grams of crack cocaine as it did for 500 grams of powder cocaine – a gap that resulted in more incarcerations of Black cocaine offenders.

Then-Sen. Biden in 1994 also championed a controversial crime bill that boosted federal funding to states that impose harsher sentences. Critics blame the measure for increasing incarcerations nationwide.

But as president, Biden has made moves to lessen the disparity, such as with Friday’s sentence commutations. Attorney General Merrick Garland has directed federal prosecutors to promote the equivalent treatment of crack and powder cocaine offenses. In 2010, Congress lessened the crack-powder cocaine sentencing gap (from a 100:1 ratio to an 18:1 ratio in sentencing), but the disparity still exists.

In early 2021, the Biden administration issued guidelines saying federal job applicants should no longer be automatically disqualified because of past marijuana use.

In October of 2022, Biden issued sweeping pardons to everyone convicted of the federal crime of simple marijuana possession, a move that affected thousands of people. And last December, he pardoned four people convicted on drug charges.

The Biden administration is also trying to reclassify marijuana as a Schedule III drug under federal drug laws, which would lessen penalties for marijuana-related offenses.

Currently, marijuana is listed in Schedule I of the Controlled Substances Act – putting the substance on the same level as LSD and heroin and at an even higher classification than fentanyl and methamphetamine. Schedule I applies to drugs that have no medical use and a high potential for abuse – a standard that reform advocates say is wrong for a drug approved for medical and even recreational use in many states.

In August, the Department of Health and Human Services recommended to the Drug Enforcement Agency to reclassify marijuana as a Schedule III drug, a classification assigned to drugs with legitimate medical use and “moderate to low” potential for abuse. The DEA has not yet acted on the recommendation.