“Biden will decriminalize the use of cannabis and automatically expunge all prior cannabis use convictions.”
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Biden did not decriminalize cannabis, and no automatic expungement of prior convictions occurred. He instead issued categorical pardons on October 6, 2022 (expanded December 22, 2023) covering federal and D.C. simple marijuana possession offenses — relief that forgives the offense but does not expunge records — and his Justice Department formally proposed moving marijuana from Schedule I to Schedule III on May 21, 2024. That rule was not finalized before his term ended January 20, 2025, and rescheduling would not itself have decriminalized use. Partial credit reflects delivered categorical relief for prior federal cannabis-use convictions without the promised decriminalization or expungement.
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