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

whitehouse.gov

41–50 of 351 posts

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

#41

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.

There is a long history of blanket pardons, isn't there?

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

#42

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.

Yes, this seems like a constitutional test. If you need this pardon to stand up, you'd better get the certificate from the WH pardon lawyer with your name on it.

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

#43
post #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.

> 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.

How is this related to nationality or residence?

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

#44
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 DEA needs to reschedule it.

The DEA needs to have this authority rescinded. They clearly cannot be trusted with it, and they have no impetus to remove historically misclassified drugs off the list, as it would reduce their overall budget.

It's the federal version of the Siebert strategy and it's completely injust.

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

#45
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…

> If Trump wins he apparently can pardon everyone with a federal Jan6 conviction at will, with no review and as a second term president, no voters to answer to. Add on top of that the insider allegations of Trump selling pardons for 2 million $ apiece [1], and the list of ... sometimes really questionable pardons that were issued [2], and it becomes a real issue of national security. [1] https://www.nbcnews.com/polit…

Unethical pardons on the last day in office is a Presidential tradition: https://en.m.wikipedia.org/wiki/Marc_Rich

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

#46

Earlier quoted context omitted.

the law is always complicated

"because reasons" isn't actually a good justification for a system that's broken and corrupted beyond all repair

No but "because 27 pages of boring and annoying backstory which are logically consistent but result in an outcome you don't like for seemingly arbitrary reasons" is potentially a good justification even if it sucks and is boring and tl;dr.

You wouldn't argue that a mathematical proof is more than 2 pages long and therefore doesn't count, right?

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

#47
post #2

Reminder that Biden can only pardon federal crimes, and that very few people have federal convictions for simple possession.

Honest question, isn't there a bunch of stuff (including drug stuff) that the local cops don't pursue because it's the feds' job? Or is this just my small random assortment of U.S. crime drama viewing biasing my sample set?

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

#48
post #35
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…

The page mentions DC specifically, which is under federal jurisdiction. The headline may indeed be overselling the implications.

It mentions the pardons in DC from 2022.

This pardon is for the entire United States, at least at the federal level. I don’t think kids sitting in a county jail for brining a joint to school in west Texas are going anywhere, though!

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

#50
post #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.

It shouldn't need to. What good is a plea deal if you have to work around it because the charge was originally different? Either you have had the charge reduced or you haven't. Handling this any other way isn't good.
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