PARDON RESOURCES

CCRC 50-State Comparison of Pardon Authority

This Collateral Consequences Research Center report categorizes jurisdictions by frequency and regularity of their pardon practice, provides a chart comparing pardon policy and practice across jurisdictions, sorts jurisdictions by how the administration of the power is structured, and provides state-by-state summaries of pardon policy and practice.

Correcting Injustice: How Clemency Serves Justice and Strengthens Communities

The panel evaluates ongoing work to reduce mass incarceration, how clemency has been used in the past by governors and presidents, what the impact of re-entry has been on people and communities, and how clemency should be utilized moving forward. It features Oregon Governor Kate Brown and previous LPP constituent Michael Thompson.

President Biden’s Marijuana Pardon Proclamation

Watch President Biden’s proclamation pardoning people with federal marijuana possession convictions, calling on Governors to do the same, and initiating a marijuana scheduling review. Read the written proclamation here.

U.S. Pardon Attorney Website: Presidential Marijuana Pardon

This website serves as the U.S. Pardon Attorney’s public information clearing house for sharing updates on the implementation of President Biden’s recent pardon announcement.

The Pardon Attorney recently released the application for a certificate of pardon as proof that anyone with a federal cannabis simple possession record has had their conviction pardoned. You can apply for a certificate of pardon here.

Congressional Research Service Marijuana Report

This Congressional Research Service report provides an overview of the legal status of marijuana under federal and state law and then discusses recent developments including the grant of clemency for federal marijuana possession offenses, November 2022 state ballot initiatives related to marijuana, and the enactment of federal legislation to expand marijuana and CBD research.

U.S. Pardon Attorney Webinar with DEPC and LPP

On December 13, 2022, the Drug Enforcement and Policy Center and the Last Prisoner Project hosted a panel of experts to discuss how these pardons will affect people with cannabis convictions on their record, how states could act on the President's call, and what implications this may have for the future of cannabis and criminal justice reform in the United States. Watch the full panel here.

FAQs

  • A pardon is the use of executive power (typically the President of the United States or a Governor) to relieve some or all of the legal consequences of a criminal conviction.

    The president can only pardon federal convictions, and governors can only pardon state-level convictions.

  • Federal and state-level pardons have the effect of restoring certain civil liberties that are typically lost as a result of a criminal conviction. This can include restoring an individual’s right to vote, hold state or local office, or sit on a jury.

  • Federal. A federal pardon does not remove or shield the conviction on an individual’s criminal record. A federal pardon also does not have the effect removing individuals from federal custody. Only a commutation, which is different from a pardon, can amend a criminal sentence imposed by a federal court. For federal offenses, individuals who receive a pardon will not have the conviction removed or shielded from public view.

    State. In some states, a state-level pardon, in addition to restoring civil liberties, may have the effect of removing or shielding the conviction from public view, but not always. Additionally, a pardon does not have the effect of releasing individuals from state custody. As such, individuals who receive state-level pardons must often still seek and obtain separate relief in addition to a pardon to be released or to remove or shield the conviction from public view.

  • President Biden pardoned simple possession charges on the federal level. Unfortunately, the vast majority of marijuana-related convictions – simple possession or otherwise – take place on the state level. This means that in reality, Biden’s pardons don't reach very far, ultimately releasing zero people from federal custody… and impacting 0 people with state convictions.

    So, while the President’s executive actions are an important step forward, there is much more that needs to be done on the state level. Given that the President doesn’t have the power to pardon people for state charges, this leaves it up to the states to provide relief for individuals still suffering from the harms of past prohibition policies.

  • LPP’s policy team provides nonpartisan, evidence-based technical assistance to jurisdictions working to advance cannabis laws that provide retroactive relief.

    As part of our Pardons to Progress campaign, we’re offering our expertise to support your office in the development and implementation of a targeted cannabis relief initiative.

    After you fill out this policy assistance form, we’ll set up a meeting and evaluate how we can best effectuate relief in your state.

  • President Biden’s presidential proclamation pardons federal convictions for simple marijuana possession offenses. The proclamation applies only to federal convictions, including D.C. Code offenses, and does not apply to convictions under state or local law.

    For more information, head to the Office of the Pardon Attorney’s website.