Biden's Clemency Action: A Step Towards Racial Equity, But Cannabis Prisoners Left Behind

On Friday, President Joe Biden announced a significant step towards addressing racial disparities in sentencing, commuting the sentences of nearly 2,500 individuals convicted of non-violent drug offenses. This action, the largest single-day act of clemency in modern presidential history, is a welcome move towards righting historic wrongs and providing deserving individuals the opportunity to return to their families and communities. However, one notable omission from this clemency action is the exclusion of cannabis prisoners.

The commutations, which apply to individuals who received lengthy sentences based on discredited distinctions between crack and powder cocaine, as well as outdated sentencing enhancements for drug crimes, are a direct response to the Fair Sentencing Act and the First Step Act. These laws aimed to equalize sentencing disparities that disproportionately affected Black men. By commuting these sentences, President Biden is taking a significant step towards promoting racial equity in the criminal justice system.

However, the exclusion of cannabis prisoners from this clemency action raises concerns about the broader goal of addressing racial disparities in sentencing. While the focus of this action is on addressing sentencing disparities related to crack and powder cocaine, it is essential to recognize that cannabis prisoners, particularly those convicted of non-violent offenses, are also disproportionately affected by racial disparities in sentencing. According to a 2020 report by the ACLU, Black people are 3.64 times more likely to be arrested for marijuana possession than white people, despite similar usage rates.

The exclusion of cannabis prisoners from Biden's clemency action highlights the need for a more comprehensive approach to addressing racial disparities in sentencing. While the focus on crack and powder cocaine sentencing disparities is a crucial step, it is not enough to address the broader issue of racial injustice in the criminal justice system. To truly promote racial equity, it is essential to consider the unique challenges faced by cannabis prisoners and take action to address the disparities they face.

One possible explanation for the exclusion of cannabis prisoners from Biden's clemency action is the focus on federal prisoners. Many cannabis prisoners are incarcerated in state prisons, not federal ones. Additionally, the pardon applies to specific offenses related to marijuana, such as simple possession, attempted simple possession, or use. It does not cover offenses like possession with intent to distribute or driving under the influence of marijuana, which are more common among cannabis prisoners. Furthermore, the pardon does not cover offenses that occurred before the Controlled Substances Act was enacted in 1970, which may exclude some cannabis prisoners.

To ensure that cannabis prisoners are considered in future clemency actions, several steps can be taken. First, governors should be encouraged to take action on marijuana laws in their own states, as President Biden has already suggested. This can help address the issue of state-level cannabis prisoners who are not covered by federal clemency actions. Additionally, future presidents or state governors can expand their clemency actions to include state-level cannabis prisoners. Organizations like FWD.us, which advocates for sentencing reform, can continue to push for changes in sentencing laws and policies at both the federal and state levels. This can help reduce the number of people incarcerated for cannabis-related offenses and make clemency actions more targeted and effective. Finally, raising public awareness about the issue of cannabis prisoners can help build support for clemency actions and promote a more comprehensive approach to addressing racial disparities in sentencing.

In conclusion, President Biden's commutation of sentences for nearly 2,500 individuals convicted of non-violent drug offenses is a significant step towards addressing racial disparities in sentencing. However, the exclusion of cannabis prisoners from this clemency action highlights the need for a more comprehensive approach to addressing racial injustice in the criminal justice system. By considering the unique challenges faced by cannabis prisoners and taking action to address the disparities they face, we can work towards a more equitable and just criminal justice system for all.