Back in October, 2022, President Biden announced a full, unconditional and categorical pardon for prior federal and D.C. offenses for simple possession of marijuana. On March 3, 2023, the Justice Department opened up the process for eligible individuals to apply for a certificate of pardon per President Biden's aforementioned proclamation.

This certificate will serve as tangible proof that prior marijuana-related offenses meeting the proper criteria have been pardoned. The online application is available on the Office of the Pardon Attorney's website (Application for Certificate of Pardon.)

To be eligible for a certificate, an applicant must have been:

• charged or convicted of simple possession of marijuana in either a federal court or D.C. Superior Court;
• lawfully within the U.S. at the time of the offense; and
• a U.S. citizen or lawful permanent resident on Oct. 6, 2022.

As such, those convicted of state marijuana offenses do not qualify for the pardon.

Employers are encouraged to familiarize themselves with this application process and resulting certificate. For more information regarding eligibility and answers to frequently asked questions, please visit Presidential Proclamation on Marijuana Possession.

Posted: March 20, 2023

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