Biden Cannabis Pardons

Quick Summary

• October 6, 2022: Pardons all federal simple-possession cannabis convictions under 21 U.S.C. § 844 and D.C. Code § 48-904.01(d)(1). Approximately 6,557 individuals eligible.
• December 22, 2023: Expanded to cover federal cannabis use, attempted simple possession, and use on federal property under additional federal statutes. Tens of thousands more eligible.
• Both proclamations: Pardons (forgive) but do not expunge the federal record. Cover federal offenses only — state convictions are unaffected. Did not release anyone from prison (no one was incarcerated solely for federal simple possession at the time). Do not automatically resolve immigration consequences.

Who Is Covered

October 2022 Proclamation

You are covered if, at any time between the enactment of the federal cannabis statutes and October 6, 2022, you were:

• A U.S. citizen or lawful permanent resident at the time of the offense
• Convicted of simple possession of cannabis under 21 U.S.C. § 844 (the federal Controlled Substances Act simple-possession statute)
• OR convicted of cannabis simple possession under D.C. Code § 48-904.01(d)(1)

December 2023 Expansion

The 2023 proclamation extended the pardon to cover the following additional federal offenses, with the same citizenship/residency requirement:

• Use of marijuana on federal property under 21 U.S.C. § 844 and 41 CFR Part 102-74.400
• Attempted simple possession of marijuana under 21 U.S.C. § 844 and 21 U.S.C. § 846
• Possession of marijuana under 21 U.S.C. § 844 and other federal statutes covering use/possession

Who Is NOT Covered

The pardons explicitly exclude:

• State cannabis convictions (the vast majority of all cannabis convictions). State convictions are governed by state expungement and pardon law — see our 50-State Tracker.
• Distribution, sale, manufacturing, or trafficking convictions — these federal offenses are NOT covered. Individual pardon applications are the only path; see Cannabis Pardon Overview.
• Possession-with-intent-to-distribute convictions, even where the underlying conduct involved small amounts.
• Non-citizens at the time of the offense who were not lawful permanent residents (the proclamation explicitly limits eligibility).
• People convicted after October 6, 2022 for the 2022 proclamation, or after December 22, 2023 for the 2023 expansion. Convictions after those dates fall outside the scope.

What the Pardon Actually Does

• Forgives the conviction. The federal record retains the conviction with the pardon annotated.
• Restores certain federal civil rights — specifically the right to serve on a federal jury, hold federal office, and vote in federal elections (where these were lost solely due to the federal cannabis conviction).
• Provides a Certificate of Pardon issuable by the U.S. Office of the Pardon Attorney upon application. The certificate is the practical document you can show employers and licensing boards.

What the Pardon Does NOT Do

• Does NOT expunge the conviction. The record exists; the pardon is attached. Background checks will continue to surface the conviction.
• Does NOT release anyone from prison. No one was incarcerated solely on a federal simple-possession charge at the time of either proclamation.
• Does NOT automatically resolve immigration consequences. A federal cannabis conviction can still trigger inadmissibility, deportation, or denial of naturalization — and immigration courts apply their own analysis. See Immigration & Cannabis.
• Does NOT restore federal firearm rights. 18 U.S.C. § 922(g)(3) prohibits firearm possession by users of controlled substances independently of conviction. A pardon for past possession does not address current-use issues.
• Does NOT cover state convictions. A New York or California cannabis simple-possession conviction is unaffected by either Biden proclamation. Look to state expungement/pardon law.
• Does NOT cover military convictions under the UCMJ (these require a separate military pardon process, which Biden also addressed in a related 2024 proclamation for LGBTQ+ servicemembers but NOT for cannabis specifically).

How to Apply for a Certificate of Pardon

Eligibility for the pardon is automatic by virtue of the proclamations — you do not need to apply to be pardoned. But if you want a paper Certificate of Pardon (which is what you would actually show an employer or licensing board), you need to apply.

1. Confirm eligibility. Verify that your conviction is a federal simple-possession conviction (21 U.S.C. § 844 or D.C. Code § 48-904.01(d)(1) or one of the additional 2023-expansion statutes), that you were a U.S. citizen or LPR at the time, and that the conviction is dated on or before the relevant proclamation date.
2. Gather documentation. You will need: your full legal name (and any aliases), date of birth, the docket/case number(s), date of conviction, sentencing court, and a copy of the judgment if you have it. If you don’t have the documentation, the U.S. District Court that issued the conviction can provide certified copies (typically $5–$25 per document).
3. Submit the application. The official application form and instructions are at justice.gov/pardon/application-certificate-pardon-marijuana-offenses. The application is free and can be submitted by mail or online.
4. Wait. Processing time per the Office of the Pardon Attorney is currently 3–6 months, though it has run longer when application volume spikes.
5. Receive the Certificate. When approved, you will receive a paper Certificate of Pardon by mail. Make multiple certified copies for your records.

What to Do With the Certificate

The Certificate of Pardon is your evidence of forgiveness. Use it to:

• Show employers who have asked about the conviction. The conviction will still appear on background checks; the certificate documents that it was federally pardoned.
• Submit to professional licensing boards (nursing, law, real estate, finance) when applying for or restoring a license.
• Provide to landlords or housing authorities in jurisdictions that consider cannabis convictions as part of housing applications.
• Restore voting rights in jurisdictions where federal cannabis convictions affected voting eligibility (rare but check your state).
• Provide to USCIS if seeking immigration relief — though as noted, immigration consequences are not automatically resolved by the pardon and may require additional legal work.

State Convictions: What About Yours?

The Biden proclamations only cover federal convictions. The vast majority of cannabis convictions in the United States are state convictions, governed by state law. After Biden’s announcement, several governors followed with state-level mass pardon proclamations. See State Pardons for the list and our 50-State Expungement Tracker for state-by-state options.

Bottom Line

If you have a federal cannabis simple-possession conviction (or use, or attempted possession), apply for a Certificate of Pardon — it’s free, the application is straightforward, and the certificate is the practical document you’ll need to show employers, licensing boards, and others who ask about the conviction. If your case is a state conviction, look to state expungement and pardon options. If it’s a federal distribution/manufacturing conviction not covered by the mass proclamations, talk to an attorney about an individual pardon application or other post-conviction relief.