President Biden pardons federal simple marijuana possession offenses and orders a formal Schedule I review

On October 6, 2022, President Joe Biden took two executive actions on federal cannabis policy: issuing a presidential proclamation pardoning prior federal and District of Columbia offenses for simple marijuana possession, and formally directing the Secretary of Health and Human Services (HHS) and the Attorney General to review how marijuana is scheduled under the Controlled Substances Act.

What the federal pardons covered

• Federal and D.C. Code offenses: The October 2022 proclamation—and a broader follow-up proclamation issued on December 22, 2023—granted full, complete, and unconditional pardons to U.S. citizens and lawful permanent residents who committed or were convicted of simple possession or use of marijuana under federal law (21 U.S.C. § 844), the D.C. Code, or on federal lands such as national parks.
• Removing collateral barriers: While no individuals were currently serving time in federal prison solely for simple marijuana possession at the time of the announcement, thousands of people carried federal or D.C. misdemeanor records that could block access to employment, housing, or professional licensing. President Biden also urged state governors—where the vast majority of possession prosecutions occur—to issue parallel state pardons.

Kickstarting the Schedule III review

In his October 6 statement, Biden noted that federal law classified marijuana in Schedule I—”the same level as heroin and more serious than fentanyl.” Under the Controlled Substances Act, administrative rescheduling begins with a scientific and medical evaluation by the Food and Drug Administration (FDA) and HHS, which Biden’s directive set in motion—leading directly to HHS’s historic Schedule III recommendation ten months later in August 2023.

Photo: Adobe Stock. Contextual stock: U.S. Drug Enforcement Administration; capture date unspecified, not a photograph of the 2022 announcement.