President Biden’s December 22, 2023 proclamation expanded the October 6, 2022 marijuana pardon. It covers qualifying federal and District of Columbia offenses involving simple possession, attempted simple possession, or use committed on or before December 22, 2023. It includes specified federal regulatory offenses. The date is a cutoff for covered conduct, not permission for future conduct. [1]
Eligibility includes citizenship or lawful permanent residence as of the 2023 proclamation and excludes people who were noncitizens unlawfully present when the offense occurred. The proclamation extends to covered conduct even when the person had not been charged or prosecuted. Individual eligibility still depends on the exact offense and these conditions. [1]
The relief does not cover state-law convictions. Presidential clemency cannot pardon state offenses, which require the relevant state’s remedies. The marijuana proclamation also excludes conduct beyond its specified possession and use offenses, including possession with intent to distribute and driving offenses involving marijuana impairment. A cannabis-related case is not automatically a covered case. [2][1]
DOJ’s current guidance is explicit: a presidential pardon does not erase or expunge a conviction, and both the conviction and pardon remain on the record. A pardon can help address civil disabilities and may assist with licensing or employment. It does not establish innocence or guarantee that every practical barrier disappears. [2]
As checked November 14, 2026, DOJ’s clemency page still links to the marijuana certificate process. The certificate documents a pardon under the proclamations. For applicants with a charge or conviction record, DOJ requests identifying details, the court and date, and available case documents. The public pages do not establish an individual’s eligibility or promise a processing deadline. [3][4]
Our position.
People need access to existing pardons and a way to clear the records that remain. Congress should provide automatic federal relief where possible and support state record-clearing efforts.
Questions and next steps.
Locate the charging statute, court, dates, and disposition before comparing a case with DOJ’s certificate instructions. Use the official application for eligible federal or D.C. matters. For a state case, ask the court or qualified local legal aid about available state record-clearing procedures.
Find your lawmakersThis is a dated policy explainer for public discussion. Laws, court orders and implementation dates can change. Check the official sources before relying on a legal detail. How we report and classify policy.