In December 2024, President Joe Biden issued a pardon for his son, Hunter Biden, after he was convicted on three federal gun-related charges and pleaded guilty to multiple tax offenses earlier in the year. The gun charges stemmed from allegations that Hunter lied on a federal form when purchasing a firearm while actively using crack cocaine. This decision marked a sharp reversal of Biden's earlier public commitments to avoid intervening in his son’s legal cases.

Critics have highlighted the contradiction between this pardon and the broader lack of clemency for thousands still incarcerated for marijuana-related offenses. Advocates argue this disparity reflects systemic inequities, where political privilege shields some from punishment while others face harsh sentences for nonviolent drug crimes. Hunter's case underscores the ongoing debate over fairness and accountability in U.S. justice policy.

The pardons issued by President Biden in October 2022 primarily applied to individuals convicted of simple marijuana possession under federal law. These pardons did not extend to those convicted of more serious charges like drug trafficking or offenses involving firearms. Advocacy groups have since pushed for broader clemency, emphasizing that many incarcerated individuals—particularly those with drug and gun-related convictions—remain excluded from these actions. Hunter Biden's recent pardon for gun and tax charges stands in contrast to these limited federal clemencies.

Marijuana-Related Incarceration

As marijuana legalization expands across the United States, thousands remain incarcerated for cannabis-related offenses, highlighting stark contradictions in the nation’s drug policy. Despite growing public support for legalization and expungement, the number of individuals still imprisoned for marijuana offenses remains troubling.

How Many Are Still Behind Bars?

Estimates suggest that about 3,000 individuals are incarcerated in federal prisons for cannabis-related offenses, mostly for trafficking rather than simple possession. This number represents a small fraction of the overall prison population but is emblematic of broader issues in drug policy enforcement.

At the state level, the situation is more severe. Studies estimate tens of thousands of people are serving time for marijuana offenses, though precise figures vary due to inconsistent reporting. A 2018 report estimated around 22,000 people in state prisons for cannabis-related offenses. Additionally, these estimates don’t account for those in local jails, pretrial detention, or incarcerated for probation violations linked to marijuana.

The federal prison population for marijuana-related offenses has decreased significantly in recent years. Between 2013 and 2018, the number of people imprisoned for federal cannabis crimes dropped by 61%, largely due to changing state laws and shifts in enforcement priorities. Despite this progress, racial and economic disparities persist. Historically, Black and Hispanic individuals have been disproportionately targeted and imprisoned for marijuana-related offenses.

As marijuana becomes a multi-billion-dollar industry, those who were once criminalized for its sale or possession often remain excluded from economic opportunities. In many states where cannabis is now legal, people continue to serve lengthy sentences for actions that are no longer crimes. Advocacy groups like the Last Prisoner Project argue that such discrepancies demand immediate action, including clemency and expungement for those affected.

Marijuana Public Opinion and Decriminalization Advocacy

Public support for releasing individuals incarcerated for marijuana offenses is overwhelming. A recent poll found that 84% of voters believe people should not be imprisoned for offenses that have since been decriminalized. Advocacy organizations are urging the federal government and states to address this injustice through broader clemency initiatives and automatic expungement laws.

While President Biden has pardoned thousands of individuals with prior federal convictions for simple marijuana possession, these actions have not extended to those still incarcerated for cannabis-related offenses. Advocacy groups are calling for more comprehensive measures to rectify the harm caused by outdated drug policies.

As legalization continues to spread, addressing marijuana-related incarceration remains a moral imperative. Each individual still behind bars represents not only a failure of the justice system but also a missed opportunity for societal progress. 

By tackling these inequities head-on, the United States can move closer to reconciling its history of punitive drug policies with its growing embrace of legalization.