President Biden’s pardon of individuals convicted for simple possession of marijuana (21 U.S.C. 844) is written to apply only to US citizens, legal permeant residents, and legal present aliens.
- It does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.
- This will undoubtedly benefit illegal alien drug traffickers.
In 2019, there were 507 offenders of which 27.4 percent were aliens;
- In 2020, there was 413 offenders of whom 34.9% were aliens and.1% were non-citizens
- The significant reduction in convictions in more recent years likely results from a combination of a more controlled U.S.-Mexico border under the Trump administration, followed by impacts from the pandemic, and a reduced interest in prosecuting such cases under the Biden administration
Biden's Proclamations
- The Biden administration has no plans to file charges on anyone regardless of citizenship
- A senior administration official noted that as a result of Biden's proclamation, "anyone who has committed that offense could not be prosecuted federally"
- This suggests President Biden's intent to reduce prosecution for simple possession for all people in the United States
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