ExecutiveOrdersEO
Proc 10688ProclamationBiden · D

Proclamation 10688

Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana

This proclamation grants a full, complete, and unconditional pardon to all current U.S. citizens and lawful permanent residents convicted of or who committed federal simple possession of marijuana, attempted simple possession, or use of marijuana on or before December 22, 2023. It expands the October 2022 pardon (Proclamation 10467) by adding attempted possession, use of marijuana, and violations of Code of Federal Regulations provisions on federal properties. The Attorney General, through the Pardon Attorney, is directed to review applications and issue certificates of pardon to eligible applicants.

Federal Register Open PDF 88 FR 90083

Impact dates

  1. Attorney General to review applications and issue certificates of pardon to eligible applicants

Key directives

  • grant full, complete, unconditional pardon to all current U.S. citizens and lawful permanent residents who committed or were convicted of simple possession, attempted simple possession, or use of marijuana on or before December 22, 2023
  • Attorney General, acting through Pardon Attorney, shall review all properly submitted applications for certificates of pardon
  • Attorney General shall issue certificates of pardon to eligible applicants in due course

Who is ordered

Timeline

Immediate

  • pardon takes effect for covered offenses upon proclamation date
  • individuals with qualifying convictions receive full, complete, unconditional pardon

Near term (90d)

  • Attorney General/Pardon Attorney to review properly submitted applications for certificates of pardon
  • issuance of certificates of pardon to eligible applicants in due course

Long term

  • removal of collateral consequences for employment, housing, and educational opportunities
  • potential follow-on state-level clemency or legislative actions

Risks & tensions

  • scope limited to federal and D.C. offenses; does not affect state-level convictions which comprise majority of marijuana possession cases
  • excludes non-citizens not lawfully present at time of offense, creating differential treatment
  • excludes possession with intent to distribute and driving under influence, creating boundary enforcement challenges
  • 'in due course' language for certificate issuance is vague; no firm deadline specified
  • implementation dependent on individual application process, potentially creating administrative backlog
Proclamation 10688: Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana · Executive Orders