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Little responds to Biden’s pardon for marijuana offenders

October 7, 2022

Governor Brad Little issued the following statement after President Joe Biden announced he would pardon all federal marijuana convictions and encouraged governors to issue similar pardons in their states. Biden issued the proclamation (below) on Thursday granting pardons to all current United States citizens and lawful permanent residents who convicted on federal charges of simple possession of marijuana.

“Open borders and open prisons – welcome to Biden’s America. He wants to let people out of jail for drug offenses while he keeps the border open, allowing drug traffickers to pour into our country unchecked," he wrote.

“It is clear President Biden issued this blanket pardon for show, setting a bad precedent when cases should be reviewed on their individual merits. But what’s not clear is whether Biden really understands that individuals incarcerated for possession of small amounts of marijuana almost always have accompanying offenses, making his blanket pardon basically pointless.

“Here in Idaho, we will continue to fight for a secure border and make our correctional system fair, with a focus on keeping dangerous people off the street,” Little said.

Under Idaho law, only the Commission of Pardons and Parole can issue pardons. For the most serious crimes where the maximum punishment is death or life in prison, the Governor has the authority to approve or deny the commission’s recommendation.

Proclamation

Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to (1) all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1), on or before the date of this proclamation, regardless of whether they have been charged with or prosecuted for this offense on or before the date of this proclamation; and (2) all current United States citizens and lawful permanent residents who have been convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1); which pardon shall restore to them full political, civil, and other rights.

My intent by this proclamation is to pardon only the offense of simple possession of marijuana in violation of Federal law or in violation of D.C. Code 48–904.01(d)(1), and not any other offenses related to marijuana or other controlled substances. No language herein shall be construed to pardon any person for any other offense, including possession of other controlled substances, whether committed prior, subsequent, or contemporaneous to the pardoned offense of simple possession of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.

Pursuant to this proclamation, the Attorney General, acting through the Pardon Attorney, shall administer and effectuate the issuance of certificates of pardon to eligible applicants who have been charged or convicted for the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1). The Attorney General, acting through the Pardon Attorney, is directed to develop and announce application procedures for certificates of pardon and to begin accepting applications in accordance with such procedures as soon as reasonably practicable. The Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications and shall issue certificates of pardon to eligible applicants in due course.

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of October, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-seventh.

JOSEPH R. BIDEN JR.

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