Criminal lawyer in Reno & Northern Nevada

Biden’s and Nevada’s Decree on Marijuana Possession

Biden’s and Nevada’s Decree on Marijuana Possession

marijuana possession pardons

Biden and Nevada Have Both Pardoned Marijuana Possession Convictions Up to One Ounce

President Biden Made History on October 6, 2022

This past October, President Biden pardoned every person who had been convicted of simple marijuana possession under federal law. This is a huge step toward the reformation of the U.S. drug policy. He took a step further and called on the Secretary of Health and Human Services and the Attorney General to review how marijuana is scheduled under federal law.

The president said in his statement “Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white, black and brown people use marijuana at similar rates, black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

The President added that regulations that limit trafficking, marketing, and sales to minors shouldn’t change.

Marijuana Possession: Federal and State Convictions

Biden’s decree unconditionally pardoned about 6,500 people from Federal prisons for marijuana possession. However, his decree did not affect anyone with marijuana possession charges on the state or local level. Their records continue to reflect a conviction. As a result, the President urged governors to review their own marijuana policies and adopt similar pardon actions for state offenses of simple possession of marijuana. Many states have begun to review the process. Others have already completed it.

Nevada Marijuana Possession Decree Unconditionally Pardoned 15,000 in 2020

Over two years, the State Board of Pardons Commissioners unanimously voted to unconditionally pardon anyone who was convicted in the past two decades of possessing an ounce or less. Recreational marijuana was voted legal in Nevada in 2017. So, in 2020, the State became one more that granted unconditional pardons.

Nevada’s resolution does not apply to anyone convicted before 2001. At that time, possessing even less than an ounce of marijuana was a felony. The governor’s office said those convicted before 2001 were grouped in with those possessing other drugs, and the groups can not be separated. It also does not apply to those that pleaded guilty to possessing marijuana, along with pleading guilty to other crimes, as part of the plea bargaining process.

How to Obtain an Unconditional Pardon for Marijuana Possession in Nevada

  1. A person must provide a copy of their Judgement of Conviction(s) or criminal history printout for possession of one ounce or less of marijuana not for purpose of sale, or subsequent convictions for the same crime. If they do not have a copy of the required information, they must obtain a copy.
  2. Complete the Application for Pardon  and attach the Judgment(s) or criminal history report, and include any and all positive life changes and accomplishments.
  3. Mail the application and supporting documents to:
    Pardons Board, 1677 Old Hot Springs, Suite A, Carson City, NV 89706.
  4. The secretary will verify the information, and if the requirements are met, an Unconditional Pardon will be processed for signatures by the Honorable Board of Pardons. Once signed, the Secretary will send an original copy to the applicant, and a certified copy will be sent to the court where they were convicted, and to the Criminal History Repository.

Jesse Kalter is available to Assist with Other Criminal Charges

Having a criminal record for marijuana possession or other drugs can have negative consequences for years after the conviction. Jesse Kalter Law has successfully obtained unconditional pardons for clients and sealed hundreds of charges. He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, Hawthorne, and all other Northern NV rural counties.

Find Out If Your Marijuana Possession Can Be Unconditionally Pardoned
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