WASHINGTON, D.C. – Attorney General Karl A. Racine today issued the following statement after President Biden announced that he will pardon all people who were convicted of simple possession of marijuana offenses under federal or local District law.
“President Biden’s actions today are a bold step forward for fairness and justice. We know the over-criminalization of marijuana has disproportionately impacted Black and brown communities – and these impacts have been particularly severe in the District,” said AG Racine. “For example, in 2010, Black individuals were about 3.5 times more likely than white individuals to be arrested for marijuana possession nationwide. And in the District, they were more than eight times more likely.
“These pardons will help remove the trauma and stain of a conviction. Convictions make it harder for people to get jobs, support their families, and contribute to their communities. It’s for these reasons that we have consistently and repeatedly advocated for pardons for people convicted of non-violent marijuana offenses and expunging and sealing these records; ensuring that cannabis is not marketed, sold, or distributed to under-age kids; creating job opportunities for those who suffered the most—Black and brown individuals—so they can benefit from the cannabis industry’s growth – from planting seeds, to owning dispensaries, to being in the boardroom; and removing barriers to banking and access to capital for cannabis businesses. I urge other states to follow President Biden’s lead and issue pardons for those convicted of state-level, non-violent marijuana offenses. Let’s build on today’s momentum.
In 2014, in a landslide vote, District of Columbia residents approved a cannabis legalization ballot measure. Under that measure, an individual 21 or older can possess up to two ounces of marijuana for personal use, consume marijuana on private property, grow up to six cannabis plants (with three or fewer being mature) in their personal residence, and can transfer without payment—but not sell—up to one ounce of marijuana to another person 21 years of age or older.
Since the District passed the measure, arrests for marijuana possession drastically dropped. According to data from the Metropolitan Police Department, there were 2,485 adult marijuana-related possession arrests in 2012 compared to 22 in 2015. And the total number of marijuana-related arrests went from 3,546 in 2012 to 323 in 2015.
But because the District is not a state, it lacks autonomy, and Congress can interfere in the District’s laws and control its budget. In 2015, Congress passed a budget rider intended to stop cannabis legalization in the District. Because of how the original ban was worded, it did not stop the District from enacting the initiative District voters had already approved. But it did stop the District from adopting any new legislation or regulations related to further legalizing marijuana. That rider is still in effect today and continues to interfere with District residents’ ability to dictate marijuana laws.
Also because of the District’s lack of statehood, the U.S. Attorney’s Office, rather than the District’s locally elected prosecutor, has had the ability to prosecute local marijuana laws, and only the President can pardon people convicted for violations of District law. The District’s lack of statehood has, therefore, significantly undermined the District’s ability to address the racial inequities that marijuana legalization was intended to address.
In 2021, AG Racine testified before the DC Council on the need to pass legislation that would legalize and regulate the cultivation, production, and sale of recreational cannabis in the District.