The President of the United States awarded pardons to individuals who were convicted of federal offenses involving simple marijuana possession on October 6, 2022. Convictions under state and local law are not covered by the proclamation. Consequently, President Biden is now asking governors to pardon people convicted of state possession crimes in the wake of his marijuana pardon proclamation.
The pardons, however, do not apply to people federally convicted of distributing or selling marijuana, and Biden did not advocate for full decriminalization. He reiterated that the federal government still needs to establish, “significant limitations on marijuana trafficking, marketing, and underage sales.” However, he did urge his administration to review marijuana classification under federal law swiftly. At present, it is classified as a Schedule I drug, alongside heroin and other hard drugs that have contributed to the nation’s addiction and overdose pandemics.
There are a number of states that have passed legislation that legalizes possession and home cultivation of marijuana within reasonable bounds for personal use, but those provisions only apply to one’s own land and state land, not federal land. In addition, marijuana possession remains a federal offense, and federal law applies to offenses committed on federal property, which includes the Capitol grounds and other federally managed properties. Moreover, federal law applies to offenses involving interstate commerce or importation from another country.
While Biden has pardoned a wide majority of individuals previously convicted of simple marijuana crimes, that does not prohibit people from still being charged and convicted of them today. The best way to avoid being accused of a federal marijuana crime, or even worse, convicted of a federal marijuana crime is to follow all federal laws pertaining to transporting, selling, and cultivating marijuana, especially when considering doing so on federal land. If an individual chooses to break federal laws pertaining to marijuana, they could face life-altering penalties and secondary collateral consequences.
What Is Considered To Be Federal Land?
In the United States, approximately 640 million acres of land are owned by the federal government, which accounts for approximately 28% of the total area of 2.27 billion acres. There are six different federal government agencies that administer and tend to most of the federal lands, five of which are affiliated with the Department of the Interior, and one is affiliated with the US Department of Agriculture. In addition, the United States Department of Defense owns 11.4 million acres of land, which accounts for around 2% of all federal land. Federal lands are primarily located in Alaska and the Western states.
Approximately 96% of federal lands are managed by the Department of the Interior, the US Department of Agriculture, and the Department of Defense. There are other federal agencies that control the remaining 4% of federal land, such as the United States Army Corps of Engineers, The Bureau of Reclamation, the United States Postal Service, and the Department of Energy. The four most important federal land management agencies cover the most land in the United States. Therefore, knowing what areas and types of land these agencies manage is the best way to avoid committing federal crimes in those areas.
- United States Fish and Wildlife Service (FWS) - The US Fish and Wildlife Service is responsible for managing approximately 89.2 million acres of federal lands, of which 85.9% are located in Alaska. The primary purpose of land administered by the FWS is o conserve and promote wildlife, fish, plants, and their habitats for the benefit of the American people. Areas among the lands managed by the US Fish and Wildlife Service are:
- National Fish Hatcheries
- National Wildlife Refuges
- Wildlife Management Areas
- Waterfowl Protection Areas
- Bureau of Land Management (BLM) - There is no government agency in the United States That administers more surface land (245 million acres) and more subsurface mineral estate (700 million acres) than the Bureau of Land Management. As part of its mission, the BLM is responsible for both managing public land for multiple uses and preserving natural, historical, and cultural resources. The majority of these are located in the 11 Western states or Alaska. Rangelands are the primary focus of the BLM, but it also administers lands for purposes other than grazing, such as recreation; timber, energy, and mineral extraction; and conservation (including watersheds and wildlife habitats). A total of 36 million acres are managed by the National Conservation Lands, which include 221 wilderness areas, 27 national monuments, and some 636 other protected areas.
- National Park Service (NPS) - Over 85 million acres of land are managed by the National Park Service across 423 individual units in all 50 states, the District of Columbia, and US territories. There are at least 19 naming designations within the National Park Service, but these units are commonly referred to as parks. Multiple parks may be grouped together as one administrative unit. Official NPS units come with a variety of titles, including:
- National Park
- National Monument
- National Historic Site
- National Recreation Area
- National Battlefield
Committing any sort of crime on any of these types of land is considered a federal offense. Therefore if any individual is charged with a marijuana crime they will essentially be charged with a federal marijuana crime. If convicted of a crime, they could face serious penalties and lifelong consequences.
Penalties For Being Convicted Of A Federal Marijuana Crime
In accordance with the Controlled Substances Act (CSA), marijuana falls under the schedule I category. According to the federal government, marijuana does not have any medicinal value and is highly addictive. Cannabis laws are taken very seriously by the federal government. Therefore, in the event that one is found guilty of selling, possessing, or manufacturing marijuana under federal law, there are severe legal consequences.
A misdemeanor charge is imposed under federal law when marijuana is possessed in any amount. When marijuana is grown or sold, the question of how much marijuana constitutes a felony is relevant, but it is not relevant when the person is simply charged with possession.
In accordance with US sentencing guidelines, the following are the penalties for possession of any amount of marijuana:
- First Offense
- Misdemeanor charge
- Up to a year in jail
- Up to $1,000 in fines
- Second Offense
- Misdemeanor charge
- Minimum 15 days in jail with maximum of 2 years
- Up to $2,500 in fines
- Third or more offense
- Misdemeanor or felony
- Between 90 days and 3 years in jail
- Up to $5,000 in fines
Collateral Consequences Of Federal Marijuana Conviction
Laws, regulations, and sentencing guidelines govern the legal consequences of drug convictions. However, the real-life consequences of a federal marijuana conviction can’t be found alongside the legal penalties. The consequences of a marijuana offense are often unknown to most offenders who either accept or reject plea deals, and it is not always their fault. In addition to being overburdened and underpaid, court-appointed attorneys are rarely able to provide a detailed explanation of the collateral consequences of an individual’s conviction. In turn, this may lead to a continual feeling of frustration and resentment towards to court system and may discourage necessary changes to one’s lifestyle. The following are collateral consequences of a federal marijuana conviction:
- Automatic disqualification from employment opportunities
- Inability or difficulty with pursuing college or educational opportunities
- Inability or difficulty with finding appropriate housing opportunities
- Loss of ability to spend time with children
- Inability to qualify for financial aid
- Inability to qualify for government assistance
- Inability to leave the state for a long period of time
- Loss of ability to enroll children into higher education programs
- Many more
