In a recent interview, White House Press Secretary Karine Jean-Pierre was asked whether the Biden administration would consider clearing federal cannabis-related convictions.
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Jean-Pierre mistakenly said President Biden had already done that. She also touched on the government’s upcoming plan to reclassify marijuana as a Schedule III substance under the Controlled Substances Act and suggested that cannabis is not as dangerous as cocaine.
The interview was with Wendy Osefo, professor and host of The Dr. Wendy Show. Osefo, whose husband has started a cannabis business, asked if the administration was discussing the possibility of expunging cannabis convictions, now that some states have legalized marijuana.
Jean-Pierre replied confidently, saying Biden "has expunged on the federal level" and "got that done."
But that’s not accurate. While the Biden administration has granted mass pardons for cannabis offenses, it hasn’t expunged any federal convictions—a distinction the president himself finally admitted earlier this year, after previously making similar incorrect claims. Biden has frequently pointed to the cannabis pardons as part of his efforts on marijuana reform, but expunging records is a different process.
In fact, a 2022 report from the Congressional Research Service explained that a pardon doesn't necessarily erase all the legal consequences of a conviction. "A pardon may not remove all legal consequences of marijuana possession, because it does not expunge convictions," the report said. Jean-Pierre's latest comments seem to blur that same distinction.
During the interview, Jean-Pierre also shifted the focus to rescheduling marijuana. “We are looking at rescheduling, right? That is something happening and moving forward,” she said. She emphasized that Biden is serious about the issue and reiterated the administration's stance that "people should not be in prison for the use of marijuana only."
Jean-Pierre also suggested that marijuana isn’t as dangerous as harder drugs, saying, “Cocaine is not marijuana. It is just not the same.”
Osefo then brought up the fact that cannabis laws have historically been enforced more harshly on communities of color, particularly Black and brown people. Jean-Pierre quickly agreed, saying, “We’ve actually said it affects disproportionately Black and brown communities, and we need to take a look at that.”
While Biden's pardons for federal marijuana possession offer formal forgiveness, they don’t erase convictions or seal court records. The Justice Department has been issuing certificates to eligible recipients, which serve as proof of the pardon. However, as the pardon attorney’s office clarified in a letter to recipients, “The pardon means that you’re forgiven, but you still have a criminal record.”
Despite Biden adjusting his language around these cannabis reforms, he hasn’t signaled any intention to extend relief beyond simple possession offenses. He’s specifically noted that offenses like growing or distributing cannabis are “a different deal,” meaning those convicted of such crimes are unlikely to see clemency under current policies. Meanwhile, some people are still serving federal prison sentences for non-violent marijuana offenses.
Vice President Kamala Harris, on the other hand, recently pledged to work toward federally legalizing marijuana, making access to cannabis "the law of the land." Her campaign for this issue, which focuses on removing legal barriers, particularly for Black men and other marginalized groups, is part of what Harris calls an “opportunity agenda” aimed at improving access to wealth and jobs in the growing cannabis industry.
On the Republican side, former President Donald Trump has also recently expressed support for federal marijuana reform. During his campaign, he said he supports moving marijuana to a Schedule III drug and wants to pass laws that provide safe banking access for cannabis businesses. While in office, Trump had generally left cannabis regulations to individual states, despite concerns that his attorney general at the time, Jeff Sessions, might crack down on state-legal marijuana businesses.
The debate over marijuana legalization continues as the Department of Health and Human Services recently recommended reclassifying the drug to Schedule III, which would place it in a less restrictive category. The DEA is expected to review the recommendation at a hearing scheduled for December, just after the upcoming presidential election.
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