THE ASK

The Opportunity

The vast majority of Americans — on both sides of the aisle — believe that people should not be in prison for most marijuana-related activity.

President Biden should create a "Presidential Cannabis Clemency Board" tasked with expediting the review and processing of clemency petitions from individuals with federal cannabis-related convictions.

Not only would this effort provide much-needed relief for the thousands of individuals with federal cannabis-related convictions, but it would also serve as an example for state authorities, who can use their clemency power to grant retroactive relief to exponentially more people.

Furthermore, the “pop-up” cannabis clemency board would provide the data and insights necessary for broader applications of more challenging and/or expansive class-wide clemency efforts.

The Precedent

In 1974, President Gerald Ford issued Executive Order 11803, a directive that established a ‘Presidential Clemency Board’ in the Executive Office of the President.

Ford’s Presidential Clemency Board, which was made up of eighteen Presidential appointees, was tasked with reviewing the cases of “draft dodgers”, or individuals convicted and/or discharged for violations of the Military Selective Service Act.

During its year-long tenure, the Board and its staff reviewed approximately 21,500 clemency petitions. After evaluating each application individually, the Board issued recommendations ranging from immediate pardons to twenty-four months of community service.

In the end, the clemency board ended up submitting a total of 14,514 grant recommendations to President Ford.

The Executive Order

President Biden should create a Presidential Cannabis Clemency Board tasked with expediting the review and processing of clemency petitions from individuals with federal cannabis-related convictions. This effort would secure freedom for the tens of thousands of people currently or formerly incarcerated as a result of federal marijuana-related violations.

This effort would also serve as an example for state authorities, who could then use their clemency power to grant retroactive relief to the millions of people suffering as a result of state-level convictions.

Furthermore, this "pop-up" approach would provide the data and insights necessary for more challenging and/or expansive applications of this model — as well as a broad reimagining of existing clemency processes.

The Clemency Board

As federal authorities currently have little authority to expunge, seal, and/or set aside federal cannabis-related convictions, clemency grants represent the only way to ensure relief for individuals currently or formerly incarcerated for those offenses.

While this use of the clemency power will alleviate some of the legal disabilities imposed on his particular population, it will not bring about all of the necessary relief for individuals burdened by these “meritorious” cannabis-related cases.

As such, classwide cannabis clemency should not be considered a substitute for more robust legislative action. Congress must also proactively seek to alleviate the burden of federal collateral consequences through legislative action.