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Granting pardon for the offense of simple possession of or use of marijuana

whitehouse.gov

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Re: Granting pardon for the offense of simple possession of or use of marijuana

#21
post #16
post #14

Earlier quoted context omitted.

Rumor is it’s a done deal and they’re just weaponizing it for the election. I despise this is where we’ve come in political theater.

Would the House ever pass it as it would give a huge win to one side? A bit unaware in terms of US politics, but up here since legalization, life is exactly as it was before — people who smoked just continue to smoke but legally, people who don’t… don’t.

DEA is not controlled by the house.

Re: Granting pardon for the offense of simple possession of or use of marijuana

#22

I don't use cannabis. If it were to go away tomorrow, my life wouldn't change one bit. I am absolutely thrilled with this blanket pardon. Rephrasing the statement slightly, like: > I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of beer, attempted simple possession of beer, or use of beer. and it sounds utterly obvious,…

100%. The War on Drugs was always in contradiction of the spirit of the 21st Amendment, which ended Prohibition. It needs to be formally acknowledged as such, and further as fundamentally unconstitutional, but these kinds of victories take time. At least that so-called "War" is destroying fewer lives now.

How else was the government to continue to systemically hold down minorities in this country post-Civil Rights Act, while simultaneously enriching the Military Industrial Complex by flooding local law enforcement with military equipment paid for by US taxpayers?

Re: Granting pardon for the offense of simple possession of or use of marijuana

#23
post #14
post #6

I don't disagree that this is good for those involved or affected. However, nothing stops the same from happening to someone tomorrow. The past several administrations have been relying too heavily on executive fiat for the optics. The DEA needs to reschedule it. Anything else is at best a band-aid, if not simple lip service to buy votes.

Rumor is it’s a done deal and they’re just weaponizing it for the election. I despise this is where we’ve come in political theater.

[deleted]

Re: Granting pardon for the offense of simple possession of or use of marijuana

#24
post #4

That's a good start Joe, keep going. The scope of the president's pardon power is breathtaking. ([T]he power [of clemency] flows from the Constitution alone, not from any legislative enactments, and . . . it cannot be modified, abridged, or diminished by the Congress.). -- -20Garland, 71 U.S. at 380; see also Schick v. Reed, 419 U.S. 256, 266 (1974) If Trump wins he apparently can pardon everyone with a federal Jan6…

But only for convictions by Federal, not state, courts. That's one of the reasons the Georgia case against Trump is interesting.

Re: Granting pardon for the offense of simple possession of or use of marijuana

#25
post #14
post #6

I don't disagree that this is good for those involved or affected. However, nothing stops the same from happening to someone tomorrow. The past several administrations have been relying too heavily on executive fiat for the optics. The DEA needs to reschedule it. Anything else is at best a band-aid, if not simple lip service to buy votes.

Rumor is it’s a done deal and they’re just weaponizing it for the election. I despise this is where we’ve come in political theater.

Do you have a source for this rumor?

Re: Granting pardon for the offense of simple possession of or use of marijuana

#26
post #7

This will have virtually zero effect. The president only has the power to pardon people convicted or accused of violating federal law and prosecuted in federal court. The problem is that nearly all people arrested for simple possession of marijuana aren't charged under federal law nor prosecuted in federal court. They are charged under state law that similarly outlaws marijuana possession and prosecuted in state cour…

Also applies to people arrested in DC.

Re: Granting pardon for the offense of simple possession of or use of marijuana

#27
post #6

I don't disagree that this is good for those involved or affected. However, nothing stops the same from happening to someone tomorrow. The past several administrations have been relying too heavily on executive fiat for the optics. The DEA needs to reschedule it. Anything else is at best a band-aid, if not simple lip service to buy votes.

The optics, for a modern democratic republic, aren’t even that fantastic: pardons and proclamations are the acts of Kings. Democracies change laws through debate, legislation, and the voting by the representatives of the people.

I hope this pardon doesn’t dilute the will for more substantive drug policy reform.

Re: Granting pardon for the offense of simple possession of or use of marijuana

#28
I didn't know blanket pardons were legal. Kind of feels like he's on shaky ground here. If this were allowed then all future presidents could veto in perpetuity any criminal law created by Congress.

Speaking of which, his pardon only pardons those who have violated federal or DC laws, not state laws.

Re: Granting pardon for the offense of simple possession of or use of marijuana

#30

It seems weird that it excludes foreign nationals who are no longer resident. Why not just pardon everyone who was convicted?

>Why not just pardon everyone who was convicted?

The argument I've heard is that many with simple possession on their record may have actually pleaded down from a different crime, and that needs to be taken into consideration.

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