For most of modern American history, presidents from Jackson to Carter were unwaivering in the use of their clemency power. They understood their actions not only as a way to remedy overly harsh sentences, but also to help restore public faith in the justice system.

The Biden Administration has made it clear that cannabis reform, especially as a racial justice issue, is a priority and one that will energize their electorate. But, President Biden has only granted 1.4% of all clemency petitions that have been submitted during his presidency. Despite positive use of his clemency powers like providing record relief to almost 13,000 people with his expanded categorical pardons for cannabis possession, President Biden has failed to release a single person in prison for cannabis via commutation. 

With Election Day, President Biden has entered into his official “lame duck” period, which is historically when most presidential clemency grants have occurred. During Biden’s 75 days left in office, he must keep his promise that “no one should be in jail for marijuana” by expanding his cannabis pardons to include commutations releasing the estimated 3,000 individuals still incarcerated for cannabis federally. This is a popular action that would further shore up his legacy.

Clemency is popular. 84% of registered voters support the release of people serving time for crimes that are no longer considered illegal under the current law. Additionally, 72% of Americans approve of President Biden’s federal pardons and support their governor pardoning state-level convictions for similar cannabis offenses. This has been evident by the positive public reception to Biden’s call on governors to use their pardon powers like the historic action that Maryland Governor Wes Moore took in June providing relief for over 175,000 cannabis possession and paraphernalia charges.

Yet other Marylanders like Jonathan Wall, who is incarcerated for eight years on federal cannabis charges, can only get that type of clemency relief from the President.

In total, Trump had commuted 16 people for 27 cannabis offenses, some of which were actually released from prison, but only pardoned six people. While Biden has pardoned over 13,000, he has only commuted 11 people of 13 cannabis offenses, all of which were already on home confinement.

While we wanted to show a direct comparison explicitly of recent presidential cannabis clemency grants, there is context that contributes to the lower-than-expected breakdown for certain presidents clemency records.  For instance, President Obama technically granted fewer pardons than other presidents, but that's because his use of clemency skewed heavily toward commutations. Additionally, it is accurate that President Obama may have a lower percentage of approving overall clemency petitions than other presidents, but that doesn't account for the fact that he received the most applications of any president because he started a clemency initiative and he encouraged a record number of filings.

This shows a need to continue to evaluate the effective use of clemency powers. In addition to encouraging actual clemency grants, LPP will continue to support clemency reforms that streamline the process, like the FIX Clemency Act.

With a historically gridlocked Congress, we know lasting change requires legislation, but in the absence of durable reform, President Biden can serve as the north star for justice. It's good politics as demonstrated by the polling and the fact that nearly every candidate and potential VP candidate hails from a state with some form of legalized cannabis.

If he is looking for the next batch of candidates for clemency, he has already been sent a list of deserving individuals, almost half of which identify as Black, and whose petitions are sitting with the Office of the Pardon Attorney. All of whom could be released by President Biden with a simple stroke of a pen, should he choose to act. 

He must act soon, because time is running out on his presidency. We encourage you to join the #Countdown4Clemency by sending a letter to President Biden urging he release all those still in prison for cannabis.

*This piece was originally covered by USA Today*