Fifth U.S. Open Government National Action Plan
Commitment Tracker

Commitment:

Implement the President's Commitment on Marijuana-Related Federal Offenses

Full Commitment Text OGP Commitment Page

Progress for this commitment is tracked based on the following sub-commitment(s). You can also view the full text of this commitment.

US0146.1 The Federal Government commits to implementing this proclamation, including by issuing certificates to eligible applicants who were convicted or charged with marijuana possession.
Agency & Subagency Executive Office of the President
Domestic Policy Council
Sub-Commitment Status In Progress
February 2024 Progress

Progress Update:

In March 2023, the justice department launched an application for eligible individuals to receive certificate of proof they were pardoned under the Oct. 6, 2022, proclamation by President Biden, and in December 2023, President Biden pardoned additional offenses of simple possession and use of marijuana under federal and D.C. law.

Evidence:

March 3, 2023 Press Release - https://www.justice.gov/opa/pr/justice-department-announces-application-form-marijuana-pardon-certificates

Application for Certificate of Pardon for Simple Possession, Attempted Possession, and Use of Marijuana - https://www.justice.gov/iqextranet/EForm.aspx?__cid=Pardon_prod&__fid=5

Dec 22, 2023 Statement from President Joe Biden on Clemency Actions - https://www.whitehouse.gov/briefing-room/statements-releases/2023/12/22/statement-from-president-joe-biden-on-clemency-actions

August 2023 Progress Progress update pending
US0146.2 In addition, President Biden has asked the Secretary of Health and Human Services and the Attorney General to initiate a process to review how marijuana is scheduled under Federal law.
Agency & Subagency Executive Office of the President
Domestic Policy Council
Sub-Commitment Status In Progress
February 2024 Progress

Progress Update:

President Biden asked HHS and DOJ to review how marijuana is scheduled. HHS concluded their independent review, guided by evidence. The scheduling review is now with DOJ and any input should be directed to them, at a time and in a manner they say is appropriate.

Evidence:

None

August 2023 Progress Progress update pending
US0146.3 Last, the Federal Government will continue to encourage Governors to follow the Federal Government’s lead with regard to State offenses, since most marijuana prosecutions take place at the State level.
Agency & Subagency Executive Office of the President
Domestic Policy Council
Sub-Commitment Status In Progress
February 2024 Progress

Progress Update:

As part of President Biden’s October 2022 and December 2023, pardons of simple possession and use of marijuana under federal and D.C. law, he called on governors to do the same.

Evidence:

Oct 6, 2022 A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana - https://www.whitehouse.gov/briefing-room/presidential-actions/2022/10/06/granting-pardon-for-the-offense-of-simple-possession-of-marijuana

Dec 22, 2023 Statement from President Joe Biden on Clemency Actions - https://www.whitehouse.gov/briefing-room/statements-releases/2023/12/22/statement-from-president-joe-biden-on-clemency-actions

August 2023 Progress Progress update pending

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