Joe Biden pardons thousands for marijuana possession
- About 6,500 people in the United States are expected to receive pardons for convictions under federal marijuana statutes.
- Supporters welcomed the move and its impact on racial imbalances in the US justice system.
If the United States can pardon people for having a joint, then Australia should be able to legalise cannabis use, Greens leader Adam Bandt says.
The call comes as US President Joe Biden pardoned thousands of Americans convicted of marijuana possession in a significant step towards destigmatising the drug.
“If US President Joe Biden can pardon people who’ve had a joint, then Australia can do the same as well, it is time to legalise it,” Mr Bandt said.
“Forty per cent of the country have smoked cannabis. People shouldn’t go to jail or have their careers wrecked for having a joint.
Mr Bandt said such a move would take pressure off policing and the justice system.
“Police and the courts have frankly got better things to do than to tie up their time persecuting people because they’ve chosen to have a joint,” he said.
“In the ACT personal possession is now decriminalised, it is time to legalise it across the country and for Australia to join the rest of the world.”
The Greens have lobbied for the legalisation of cannabis for years and are currently working with stakeholders to create a draft bill to be presented to parliament.
But the government is unlikely to support such a bill. A spokesperson for Attorney-General Mark Dreyfus told SBS News last week that the government "does not propose to legalise the production, sale and use of cannabis".
Why did Joe Biden announce the pardon?
Mr Biden's announcement fulfills a promise to his supporters a month before the midterm elections.
"I am announcing a pardon of all prior federal offenses of simple possession of marijuana," Mr Biden said.
Mr Biden did not call for fully decriminalising cannabis, saying that "limitations on trafficking, marketing and under-age sales should stay in place".
Instead, he homed in individual possession of a substance that the government health authorities estimate was used by at least 18 percent of the population in 2019 - and which is already permitted by multiple state governments for recreational or medical purposes.
In addition to the pardons, Mr Biden instructed the departments of justice and health to determine whether cannabis should be reclassified as a less dangerous substance.
Officials told reporters that about 6,500 people are directly affected by convictions under federal marijuana statutes. Clemency will extend to thousands more convicted under laws in the federal capital, Washington.
However, Mr Biden's gesture aims to take the shift much further, putting pressure on state authorities everywhere to follow suit.
"I am urging all governors to do the same with regard to state offences. Just as no one should be in a federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either," Mr Biden said.
Supporters welcomed the move and its impact on racial imbalances in the US justice system.
"The United States will never justly legalise marijuana until it reckons with the outdated policies that equated thousands of young Black men with hardened drug pushers," said Al Sharpton, president of the National Action Network civil rights group.
"They were thrown behind bars for years on end for simple possession, a non-violent offense, for a substance that red states and blue states are now legalizing at a furious clip."
Political impact
The move was announced abruptly by video and in a written statement, with no previous build-up by the White House.
However, the impact is expected to be significant, both legally and politically, allowing Mr Biden to seize the narrative on a trend toward decriminalisation that swaths of the country have already embraced.
Ahead of the 8 November midterms, where his Democrats are struggling to hold onto even partial control of Congress, Biden has now satisfied a key demand from racial justice activists angered at the way enforcement of cannabis laws often targets ethnic minorities.
"As I often said during my campaign for president, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit," Mr Biden said.
He noted that non-white people are disproportionately affected by marijuana possession convictions, which in addition to sometimes including jail time can unleash years of legal fallout, creating difficulties in getting work and education.
The third measure announced was an instruction for federal health and justice officials to "review expeditiously how marijuana is scheduled under federal law."
Currently, federal law lumps marijuana alongside what are widely accepted to be far more dangerous narcotics such as heroin and LSD. It is in a group higher than the relatively modern - and hugely addictive - drugs fentanyl and methamphetamine.
Senate leader Chuck Schumer, a key Biden ally who is fighting to try and keep the chamber under Democratic control in November, said the president's move recognised that the so-called "war on drugs" has been "a war on people and particularly people of color."
Derrick Johnson, president of the NAACP, a leading civil rights organisation, said on Twitter: "We applaud President Biden."
"Correcting unequal treatment - including marijuana reform - has been a priority issue for the NAACP for decades."
