Biden needs to get serious about federal marijuana pardons

[rSin]

Journalist explains why Biden needs to get serious about federal marijuana pardons

During his 2020 presidential campaign, Joe Biden promised that if elected, he would support the decriminalization of marijuana and grant presidential pardons to Americans convicted of nonviolent federal marijuana offenses. But journalist Ben Burgis, in an article published by The Nation on April 8, argues that if Biden is serious about pardoning federal marijuana offenders, he should pardon Daniel Muessig — a Pittsburgh resident and former attorney who is getting ready to serve five years in federal prison for a marijuana conviction.

After Muessig quit practicing law in Pittsburgh, Burgis notes, he became part of an illegal marijuana dispensary. A federal raid occurred in May 2019, but Muessig was never convicted of doing anything violent — only distributing marijuana.

“When the raid happened in May 2019, it was a fluke,” Burgis explains. “They walked into a trap ultimately set for a different gang — one that didn’t just sell weed. Daniel went through two excruciating years of waiting and wondering after that. Meanwhile, his friends were indicted, one after another.”

Burgis adds, “A 63-year-old man only marginally involved in the business hanged himself when the indictment came down and he realized how many years he’d have to spend in prison. Daniel described to me how he bent over and vomited in a Target parking lot when he got the news.”

On November 16, 2021, Muessig pled guilty to distributing marijuana — and on March 8, he was sentenced to five years in federal prison. Muessig discussed his situation in an article published by Truthout on March 13.

Muessig, Burgis notes, could have avoided prison but refused to inform on any fellow marijuana distributors.

“He was offered, again and again throughout the process, the option of informing on his friends,” Burgis observes. “He easily could have gotten off with probation. Instead, when he reports to prison on May 11, he’ll serve a minimum of five years — unless President Biden finally makes good on his promise.”

Unless Biden grants Muessig a federal pardon, Burgis adds, he will be going to federal prison for “committing a ‘crime’ that’s been made entirely legal in states from Maine to Oregon and from Michigan to California.




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Home / Journalist explains why Biden needs to get serious about federal marijuana pardons
Journalist explains why Biden needs to get serious about federal marijuana pardons
Journalist explains why Biden needs to get serious about federal marijuana pardons
President Joe Biden at Camp David on February 12, 2022, Wikimedia Commons
Alex Henderson April 08, 2022


During his 2020 presidential campaign, Joe Biden promised that if elected, he would support the decriminalization of marijuana and grant presidential pardons to Americans convicted of nonviolent federal marijuana offenses. But journalist Ben Burgis, in an article published by The Nation on April 8, argues that if Biden is serious about pardoning federal marijuana offenders, he should pardon Daniel Muessig — a Pittsburgh resident and former attorney who is getting ready to serve five years in federal prison for a marijuana conviction.

After Muessig quit practicing law in Pittsburgh, Burgis notes, he became part of an illegal marijuana dispensary. A federal raid occurred in May 2019, but Muessig was never convicted of doing anything violent — only distributing marijuana.



“When the raid happened in May 2019, it was a fluke,” Burgis explains. “They walked into a trap ultimately set for a different gang — one that didn’t just sell weed. Daniel went through two excruciating years of waiting and wondering after that. Meanwhile, his friends were indicted, one after another.”

Burgis adds, “A 63-year-old man only marginally involved in the business hanged himself when the indictment came down and he realized how many years he’d have to spend in prison. Daniel described to me how he bent over and vomited in a Target parking lot when he got the news.”

On November 16, 2021, Muessig pled guilty to distributing marijuana — and on March 8, he was sentenced to five years in federal prison. Muessig discussed his situation in an article published by Truthout on March 13.




Muessig, Burgis notes, could have avoided prison but refused to inform on any fellow marijuana distributors.

“He was offered, again and again throughout the process, the option of informing on his friends,” Burgis observes. “He easily could have gotten off with probation. Instead, when he reports to prison on May 11, he’ll serve a minimum of five years — unless President Biden finally makes good on his promise.”

Unless Biden grants Muessig a federal pardon, Burgis adds, he will be going to federal prison for “committing a ‘crime’ that’s been made entirely legal in states from Maine to Oregon and from Michigan to California.




The U.S. House of Representatives recently voted for a bill that would decriminalize marijuana at the federal level. The bill’s fate in the U.S. Senate, however, remains uncertain. If the Marijuana Opportunity Reinvestment and Expungement Act did make it through the Senate, Biden would likely sign it into law.

Muessig, according to Burgis, has been “pushing a high-risk strategy” to get Biden to live up this promise to pardon nonviolent federal marijuana offenders. The “No Pardons, No Voters” strategy, outlined on the website PardonsNow.com, says, “President Biden: keep your word. Pardon all 2,800+ federal nonviolent cannabis prisoners. Or we will not vote in the midterm election this November.”

It's a strategy that many Democratic voters, both progressive and centrist, are likely to reject — as everything from voting rights to abortion rights to gay rights is on the line in the 2022 midterms and the far-right MAGA Republicans who are likely to take over the U.S. House of Representatives are dangerously authoritarian. Certainly, MAGA extremists like Rep. Marjorie Taylor Greene of Georgia, Rep. Lauren Boebert of Colorado and Rep. Madison Cawthorn of North Carolina would love for Democratic voters to stay home in November.

“Some people reading this article may be prepared to take the pledge and do the electoral equivalent of shooting the hostage next fall,” Burgis writes. “Others might be disturbed by the idea of rolling the dice on the possible consequences of electing the greater evil. Ultimately, you’re going have to make your own calculations between pragmatism and principle. Daniel Muessig has already made his. Starting on May 11, he’s going to wake up in a cell every day for the next 1875 days.”



https://www.alternet.org/2022/04/biden- ... ournalist/

[Intrinsic]

Approximately 45,000 people will be impacted, more than $14,000,000 in fines and fees will be forgiven.
https://www.oregon.gov/newsroom/Pages/N ... wsid=76442

[ripper5]

DEA to reclassify marijuana, easing restrictions nationwide

WASHINGTON — The Biden administration will take a historic step toward easing federal restrictions on cannabis, with plans to announce an interim rule soon reclassifying the drug for the first time since the Controlled Substances Act was enacted more than 50 years ago, four sources with knowledge of the decision tell NBC News.

The Drug Enforcement Administration is expected to approve an opinion by the Department of Health and Human Services that marijuana should be reclassified from the most strict Schedule I to the less stringent Schedule III, marking the first time that the U.S. government would acknowledge its potential medical benefits and begin studying them in earnest.

By rescheduling cannabis, the drug would now be studied and researched to identify concrete medical benefits, opening the door for pharmaceutical companies to get involved with the sale and distribution of medical marijuana in states where it is legal.

For the $34 billion cannabis industry, the move would also eliminate significant tax burdens for businesses in states where the drug is legal, notably getting rid of the Internal Revenue Services code Section 280E which currently prohibits legal cannabis companies from deducting what would otherwise be ordinary business expenses.

Joe & Kamala deserve an extra scoop of ice cream.


https://www.aol.com/news/biden-administ ... 10170.html

[ripper5]

Great long personal interview. There's a striking difference from the maga king.

[Butcher Bob]

Joe's pardons so far...

https://www.justice.gov/pardon/pardons- ... 21-present

1 for marijuana
11 for crack/cocaine

[ripper5]

Joe's pardons so far...

https://www.justice.gov/pardon/pardons- ... 21-present

1 for marijuana
11 for crack/cocaine

"Sure Jan..."

Try harder...Those are numbers for personal presidential pardons. Lmao...Joe is not going to go around and make pardons personally for everyone effected...it would take years.

Folks might have to follow up on their own and should, if they qualify. Illegality of weed always effected more folks than the jailed, who usually are there for more than mere possession.

None of this stops Congress from continuing to push for full descheduling and this is another step in the right direction.

What a great moment..

The President’s pardon lifts barriers to housing, employment, and educational opportunities for thousands of people with those prior offenses.

The pardon, effective October 6, 2022, applies only to the offense of simple possession of marijuana under federal and D.C. law committed on or before that date. It does not apply to any other offense for which the individual has been charged or convicted.
https://www.justice.gov/pardon/presiden ... possession



On December 22, 2023, President Biden announced another proclamation, granting a full, unconditional, and categorical pardon of additional federal and D.C. offenses of simple possession, attempted possession, and use of marijuana. The December 2023 proclamation extends the relief provided by the original proclamation to cover simple marijuana possession offenses committed on or before December 22, 2023. It also expands the relief to cover offenses under additional provisions of federal and D.C. law involving simple marijuana possession, attempted possession, and use, including:

Simple or attempted possession of marijuana under 21 U.S.C. § 844 or § 846;

Simple or attempted possession of marijuana under sections 48-904.01(d), 48-904.09, and previous provisions of the D.C. Code that prohibited simple possession of marijuana; and

Certain provisions of the Code of Federal Regulations, including as enforced under the U.S. Code, that prohibit only the simple possession or use of marijuana on federal properties and locales.

The pardon applies to all qualifying offenses committed on or before December 22, 2023. It does not apply to any other offense for which the individual has been charged or convicted.

https://www.justice.gov/pardon/presiden ... possession

Yep. No other president has ever gone nearly as far.
There is a legitimate argument that Dark Brandon may be the most accomplished president of our lifetimes. And he's a decent selfless (close enough) well spoken (ex-stutterer = yet another accomplishment) respectful gentleman. Kamala kicks ass too!

[ripper5]

he’ll serve a minimum of five years — unless President Biden finally makes good on his promise.”

Biden never promised to pardon on grounds of distribution, just possession.

[ripper5]

Non violent should be the criteria. There's still time for the Daniel Muessigs out there. Several months or 4 more years. I seriously doubt the orange menace would do it as he didn't do shit. He'll be too busy pardoning himself & then all the Jan 6 traitors and administration accomplises...

[Butcher Bob]

The devil is in the details...

Does the proclamation apply to convictions under state law?
No.

Does the proclamation apply to all types of federal marijuana offenses?
No. President Biden’s proclamation applies only to simple possession of marijuana, attempted simple possession of marijuana, and use of marijuana on certain federal properties and locales. Conspiracy, distribution, and possession with intent to distribute are not pardoned by the proclamation. Offenses with additional elements such as driving while under the influence of marijuana or possession in a correctional facility are not pardoned by the proclamation. Code of Federal Regulation provisions that include simple possession of marijuana and additional offenses, such as operating a vehicle under the influence of marijuana, are also excluded.

Do I qualify for a pardon if I was convicted under 21 U.S.C. § 844 of possessing marijuana and another drug in a single offense?
No.

Does the proclamation protect me from being charged with marijuana possession in the future?
No.

Can I appeal the Office of the Pardon Attorney’s decision to not issue a certificate of pardon?
No.

So, you can apply...buuut...
- not if charged at state/local level
- only for simple possession of marijuana, attempted simple possession of marijuana, and use of marijuana on certain federal properties and locales
- not for conspiracy, distribution, and possession with intent to distribute...Offenses with additional elements such as driving while under the influence of marijuana or possession in a correctional facility...Code of Federal Regulation provisions that include simple possession of marijuana and additional offenses, such as operating a vehicle under the influence of marijuana
- not if the charge was for multiple substances

Seems rather restrictive...only on federal properties eh?
I've known a ton of folks convicted for marijuana over the years...
...and not a single one of them would have met these conditions
Talk aboot yer useless proclamation.

[ripper5]

Offenses with additional elements such as driving while under the influence of marijuana or possession in a correctional facility...Code of Federal Regulation provisions that include simple possession of marijuana and additional offenses, such as operating a vehicle under the influence of marijuana
- not if the charge was for multiple substances

That's right, it's not about legalizing lawlessness...DUIs and such shouldn't be automatically pardoned imo. Other substances are still illegal.