Outside the White House, Protesters Urge Biden To Release Nonviolent Marijuana Offenders
While Biden's mass pardons for those with low-level marijuana possession convictions were greeted with cautious optimism, protesters expressed frustration over Biden's lack of action to actually release those imprisoned for nonviolent drug crimes.

On Monday, protesters convened outside the White House and the Dwight D. Eisenhower Executive Office Building to call on President Joe Biden to release nonviolent inmates serving federal prison sentences for cannabis-related charges. The protest, led by Students for Sensible Drug Policy and the Last Prisoner Project, sought to highlight the insufficiencies of Biden's recently announced pardons for those convicted of marijuana possession.
Earlier this month, Biden announced that he would be pardoning the roughly 10,000 American citizens and permanent residents convicted of low-level marijuana possession charges. While the proclamation has been praised by drug reform advocates, the pardons are far from a radical step toward ending the drug war. In fact, the pardons will not free a single person from prison, instead benefiting only a minuscule portion of Americans with misdemeanor marijuana convictions.
While marijuana policy reform advocates have greeted the announcement with cautious optimism, many have also responded with frustration, arguing that the pardons do little in terms of substantive changes to U.S. drug policy. In particular, many protesters cited disappointment with Biden's failure to make good on several campaign trail promises, notably his statement during a November 2019 debate that "I think we need to decriminalize marijuana. Period. And I think anyone who has a record should be let out of jail, records expunged." Monday's protests convened to emphasize this point, with activists arguing that, while Biden's actions are a good start, they are inadequate to repair the failings of decades of marijuana prohibition.
After first gathering around the statue of President Andrew Jackson at 10:00 a.m., protesters gathered outside the Eisenhower Executive Office Building. Demonstrators tell Reason that they were attempting to block the staff entrance to the building, partially to provoke arrest, but also in the hopes of speaking with a Biden staffer.
Multiple protesters tell Reason that they hoped to be arrested by the end of the day, and would be deliberately blocking 17th Street to encourage possible arrests. Eventually, at 2:45 p.m., activist and Students for Sensible Drug Policy board member Sarah Noon was arrested by three Secret Service agents after she appeared to attempt to enter a fenced-off area near the building.
"I've been arrested 29 times, so I know what it's like. And I've been a criminal justice policy reformer since the late '90s," Adam Eidinger, the proposer of 1-71, D.C.'s marijuana legalization law, tells Reason. "It's time for this generation to stand up for the people in prison that are unlucky enough to have been incarcerated."
Eidinger, whose hemp business, Capitol Hemp, was raided in 2012, leading to the arrest of six staff members and the loss of $350,000 worth of merchandise, also emphasized the irony of keeping nonviolent marijuana sellers in jail while a legal market for the substance booms. "Today, if corporations can buy and sell it, if you can buy stock in cannabis companies in U.S. markets, it's actually a moral travesty that there's anyone behind bars for a single cannabis crime," Eidinger tells Reason. "I don't care how big a kingpin of cannabis they were, let them out and let them run a cannabis business. They've already done their time. The world has changed and so these people need to be freed. Most states are moving to a legalization model."
However, the protesters' main message was distilled by Maya Tatum, the former board chair of Students for Sensible Drug Policy, who tells Reason, "No one, first and foremost, should be in prison for cannabis…[Biden] needs to do what he said he would do and release all cannabis prisoners now." Tatum continues, "I grew up in Chicago, I was a person that directly experienced the negative effects of the war on drugs. I've had countless family members be incarcerated for marijuana. I have family members that are still incarcerated for marijuana."
To many drug policy reform activists, Biden's recent proclamation does precious little for those imprisoned—some with life sentences—for nonviolent marijuana-related charges. Rather than make good on his campaign trail promises, Biden has done the bare minimum, attempting to garner political goodwill without actually freeing anyone imprisoned by policies Biden himself once heralded.
"[Many people] didn't get incarcerated. They were buying and selling cannabis during prohibition too. So the unlucky ones are in jail," Eidinger tells Reason. "Luck shouldn't determine your fate on this planet. It should be about fairness and justice, so I think the president has a moral obligation to release people."
This article contains reporting from Addie Mae Villas.
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No one is in federal prison for possession. And sorry but black markets are violent. I don't think anyone who was importing or dealing enough pot to get on the fed's radar is exactly "non violent".
"No one is in federal prison for possession."
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Are you playing a game of 'technically correct is the best kind of correct'?
From the whitehouse.gov website:
And sorry but black markets are violent.
Some black markets are violent, but not all of them. I've never experienced violence within a black market. Go to Shakedown Street sometime.
Ever try to move in on someone else's turf? That's when it gets violent.
One time I went to One, One, Two, Two Boogie Woogie Avenue and was forced to get down
I don’t think anyone who was importing or dealing enough pot to get on the fed’s radar is exactly “non violent”.
That's because, once again, you have no idea what you're talking about. You should just stay out of the drug threads.
Of course, there has never been any gang or cartel activity associated with the distribution or sales of illegal drugs. It's all done by peaceful, community-minded people. Of course. That's the ticket. Yeah.
He makes a good point about the distinction between federal and state prisons. Yeah there are people in state prisons for possession thanks to three strikes and other laws. But not at the federal level.
He already did all he is going to do , which is nothing.
He pardoned them. There is no point actually releasing them until they finish their Hail Mary
Shouldn't all of those insurectionists be thrown in solitary confinement for 2 years with no legal representation
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They have confused political theatre near an election with party policy.
Nobody told droolin' Joe that a claim of doing something should be followed by doing that thing. What do you expect?
"To many drug policy reform activists, Biden's recent proclamation does precious little for those imprisoned—some with life sentences—for nonviolent marijuana-related charges."
Experience has taught me to take such assertions by Reason with enough salt to cure a whole pig. So, some quick research was in order.
State v. Allen, 206 So.3d 1093 (2016)
"On December 27, 2012, and March 13, 2013, Allen was arrested for the sale of marijuana to a confidential informant. He was charged with two counts of distribution of marijuana, in violation of La. R.S. 40:966(A). Prior to trial, Allen declined the state’s plea offer of five years at hard labor on each count, to run concurrently, and the state’s agreement not to file habitual offender charges."
"Subsequently, the state charged Allen as a fifth-felony habitual offender under La. R.S. 15:529.1. Allen was represented by the public defender’s office; he waived arraignment, declined the state’s plea offer of 20 years at hard labor, and pled not guilty."
So, he COULD have gotten off with 5 years. But he decided to be stupid, and got the stupid prize.
"The habitual offender bill charging Allen as a fifth-felony offender lists four predicate felony convictions:
1. On April 6, 2004, Allen pled guilty to possession of marijuana with intent to distribute, in violation of La. R.S. 40:966(A), in the 26th Judicial District Court, Bossier Parish, Docket No. 122,-682. He was sentenced to five years at hard labor, suspended, with three years’ active supervised probation. His probation was revoked on September 20, 2004.
2. On December 10, 2007, Allen pled guilty to possession of marijuana, second offense, in the First Judicial District Court, Caddo Parish, Docket No. 262,-678. He was sentenced to one year at hard labor, with credit for time served.
3. On January 12, 2011, Allen was found guilty of possession of marijuana, second-offense, in the 26th Judicial District Court, Bossier Parish, Docket No. 177,-534. He was sentenced to one year in the parish jail and a $500.00 fine.
4. On May 21, 2013, Allen pled guilty to possession of a Schedule II controlled dangerous substance, methamphetamine, in the First Judicial District Court, Caddo Parish, Docket No. 310,-460. He was sentenced to one year at hard labor, with credit for time served, and a $500.00 fine or 60 days in parish jail."
"A pre sentence investigation report (“PSI”) was ordered before Allen was sentenced for his March 18, 2014 convictions. The trial court referred to this PSI when it sentenced him as a fifth-felony habitual offender. That PSI revealed Allen had prior convictions for criminal trespass (pled down from simple burglary of an inhabited dwelling) (2001); possession of a Schedule I controlled dangerous substance (2001); possession' of marijuana with intent to distribute (2004); possession of marijuana, second-offense (2007); forgery (2009); possession of marijuana, second-offense (2011); misdemeanor theft (from forgery) (2012); misdemeanor theft (2012); and possession of a Schedule II controlled dangerous substance, methamphetamine (2013). Additionally, there were numerous other arrests for which there was no disposition listed or the charges were nol prossed, including charges for battery on a police officer; resisting an officer; flight from an officer; possession of marijuana, third-offense; possession of drug paraphernalia; possession with intent to distribute cocaine; and, two counts of solicitation of murder."
Now, I don't think drugs SHOULD be illegal, as a matter of policy, but at the state level only as a matter of policy. And, in those classic words, "What we have here is a failure to communicate." This guy simply could NOT get the message. In 32 years he'd accumulated a record as long as your arm, and demonstrated not the slightest indication he was learning anything from it. And he was given multiple opportunities to avoid this fate, and actively turned them all down.
He does not strike me as particularly sympathetic, even if the stupid offense that was the proximate cause of this was a non-violent offense.
And once again I'm not surprised at what reason didn't think worth mentioning.
Nah, man, he was just listening to Bob Marley and had a joint in his pocket.
But he did learn a lesson. It was just not the lesson you wanted him to learn.
The lesson, most likely, was something along the lines of "fuck you for oppressing me for smoking a stupid plant, I will do whatever the fuck I want".
Why do you imply that drug laws have good intentions?
100% agree
First, thank you very much for a real example of what we should be discussing.
2nd, I dont know why anyone would believe feds when they say no one is in jail for just MJ. Where is the evidence?
3rd, the guy has a very short list of actual ALLEGED CRIMES.
Notwithstanding unconstitutional laws saying otherwise, one cannot logically commit a crime against himself and so it is impossible for drug abuse, prostitution or gambling “by themselves”to be a crime. That shortens the list dramatically.
So we all know by now that some charges were plead down. THAT IN NO WAY MEANS THEY WERE EITHER GUILTY OR INNOCENT OF THE CHARGE, because we also know they often charge you with every conceivable, possible crime in order to get plea deals.
We should all be able to agree on reviewing the case of every single person charged with an Mj crime for reduction of sentence. Those charged with solely selling or using MJ, if any, should be immediately released.
Those for whom there was no significant evidence of other crimes should also be released.
The pardon was purely a symbolic measure. He meant to do nothing other than brush off reformers and "progressives" who kept bugging him. IF Biden actually cared about Criminal Justice Reform he'd follow up and add to the previous reforms passed by President Trump and Congress back in 2017. If he cared about reform regarding cannabis he would've also endorsed the bill proposed by Rep. Nancy Mace: https://www.forbes.com/sites/willyakowicz/2021/11/15/representative-nancy-mace-introduces-bill-to-end-federal-cannabis-prohibition/?sh=5eab87071b9a.
Mace's reform bill is the "least" statist package proposed in Congress regarding this issue. Which is why Biden will never support it or frankly any other reform on this issue, beyond meaningless symbolic measures.
Inside the White House, Biden urges the staffer with the nice-smelling hair to fetch him another pudding.
The problem is that we have about 100 different groups of people, and each group protests and/or votes based on a discrete "right to do X" - while most of the people oppose the other groups' "right to do" THEIR "X."
People think of themselves first - I get that. But people are not thinking of anyone else at all.
And that makes it easier for the State to divide and conquer.
Most people who are "pro-choice" on abortion think that unvaccinated FDNY employees should lose their jobs.
Many people who are "pro-choice" on abortion OR COVID vaccines oppose pot legalization.
Most of them oppose sex trade legalization.
Most of them support the "controlled substance" regime.
Etc....
It's all the same issue - - if I am over 18 and what I want to do, especially as it pertains to my body, does not harm anyone else, then it is nobody else's business, and certainly not the State's business.
Either you agree with that, or you don't - regardless of what it is that I want to do.
But in the US, people agree with it when it comes to what they want to do, but not when it comes to what other people want to do.
And then they try to rationalize their double standard.
You sure hit the nail on the head there.
It is logically impossible to commit a crime against oneself and so individual drug abuse, prostitution and gambling cannot possibly be a crime. At least until it is done in a manner that affects the rights of the rest if us, which of course happens very often such as in certain places in public or DUI etc.
If that were not bad enough, Prohibition demonstrated the principle of unintended consequences quite dramatically. Yet my parent’s generation never so much as blinked or twitched at doing the same thing to their own children with other drugs, even going so far as making MJ a Schedule 1 drug. That level of hypocrisy is insane!
Of course there other significant factors involves, but still……
Is it bad luck or is it stupidity?