“Proposed Clemency Criteria for Federal Marijuana Convictions”

The title of this post is the title of this new white paper, authored by Erik Luna and Weldon Angelos, that is now avaialble via SSRN. This paper was produced by the Academy for Justice at Sandra Day O’Connor College of Law at Arizona State University with help from the Drug Enforcement and Policy Center at Moritz College of Law at The Ohio State University, and here is its abstract:

Marijuana laws in the United States vary by state, with some states allowing recreational use and others only allowing medical use. At the federal level, marijuana is still illegal, however, banned as a Schedule 1 substance under the Controlled Substance Act.  The disconnect between state laws and federal laws is growing.  As of December 2024, 39 states allow for medical use of marijuana and 24 states allow for recreational use, while a proposed change in federal rules would reschedule marijuana from Schedule 1 to Schedule 3.  With the laws constantly evolving, and calls for legalization at the federal level growing louder and louder, what happens to the people still affected by the federal war on marijuana at the twilight of national prohibition?  This white paper proposes clemency criteria for non-violent, federal marijuana convictions.  It concludes by offering next steps for both executive and legislative action.  With the President’s leadership, this Administration and Congress can assure that individuals haunted by marijuana arrests and convictions will finally have the clean slate they deserve.