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What does President Biden’s Marijuana Pardon Mean For My Case?


In early October of 2022, President Joe Biden issued an executive order that pardoned a swath of people who had previously been charged with or convicted of simple marijuana possession charges under both federal and Washington, D.C, law. The question, then, is what does this specific pardon mean for your specific marijuana case? With the facts, we can begin to understand who is and who is not covered under this sweeping action from the White House.

The Pardon is Narrow

This specific pardon is incredibly narrow. It covers a very small subset of marijuana cases that were committed in the United States and excludes a large number of people. If your case was due to state or local laws, then this pardon would not be extended to you. If your case was involving more than simple possession of marijuana, such as possession with intent to distribute, then those other charges were not pardoned. If you are not a citizen or legal resident of the United States, then you are not covered under the pardon. Even if you are a citizen or have a green card now, if you were not a legal resident or citizen when you were charged, the pardon may not apply to you. Importantly, these pardons are not proactive, so any charges for federal simple possession of marijuana going forward will still be applicable. The pardon also does not expunge the conviction, so those covered under the pardon will have to deal with continuing to have the conviction on their records.

We Can Help With Your Marijuana Case

If you have been accused of marijuana-related crimes, it is important to contact an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and develop a strong defense. With the help of an attorney, you may be able to get the charges against you dropped or reduced or even avoid conviction altogether.

At Nick Lotito & Seth Kirschenbaum, we can help those who have been accused of drug crimes. Learn more about how we can help or schedule a consultation by calling (404) 471-3177 or by visiting our website.

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