Federal Cannabis Clemency: Presidential Pardons and Sentence Commutations

Executive Summary

Federal cannabis clemency has evolved from rare presidential pardons into a systematic executive tool for addressing mass incarceration tied to marijuana offenses. President Donald Trump commuted the sentences of Jerry Haymon IV and Kevin Harden in September 2026, continuing a pattern of executive relief that accelerated under the Biden administration and has persisted as the Drug Enforcement Administration considers moving cannabis from Schedule I to Schedule III under the Controlled Substances Act. More than 13,000 individuals have received federal cannabis pardons or commutations since October 2022, though thousands remain incarcerated under mandatory minimum sentences established by the Anti-Drug Abuse Act of 1986 and subsequent legislation. The clemency process operates independently of the rescheduling review initiated by the Department of Health and Human Services in August 2023, meaning presidential action remains the only immediate path to freedom for those serving sentences under current law. As of September 2026, approximately 2,800 individuals remain in federal custody for cannabis-only offenses, with thousands more under supervised release or probation.

Why Federal Cannabis Clemency Matters

Federal cannabis clemency directly affects thousands of incarcerated individuals, their families, and the broader criminal justice reform movement while exposing contradictions between state legalization and federal enforcement. The financial stakes are substantial. Each federal prisoner costs taxpayers approximately $42,000 annually according to the Federal Bureau of Prisons, meaning the 2,800 individuals incarcerated for cannabis-only offenses represent roughly $117 million in annual expenditures. The human cost extends far beyond these figures. Federal cannabis convictions carry collateral consequences including barriers to employment, housing, federal benefits, and voting rights in some jurisdictions. For the cannabis industry, clemency policy signals federal intent more clearly than legislative stalemate. Multi-state operators including Curaleaf, Green Thumb Industries, and Trulieve have invested billions in state-legal markets while their products remain federally prohibited under 21 U.S.C. § 812. Clemency grants suggest executive branch recognition that cannabis prohibition causes disproportionate harm, even as Congress has failed to pass comprehensive reform legislation like the Cannabis Administration and Opportunity Act. Patient advocates view clemency as a moral imperative. Individuals remain incarcerated for distributing the same plant compounds now recommended by physicians in 38 states for conditions including chronic pain, epilepsy, and post-traumatic stress disorder. The disconnect between medical acceptance and criminal punishment has made federal cannabis clemency a rallying point for organizations including the Last Prisoner Project, NORML, and the Drug Policy Alliance.

Background and History

Federal cannabis clemency traces back to the Controlled Substances Act of 1970, which classified marijuana as Schedule I alongside heroin, creating the legal framework for decades of incarceration.

The Controlled Substances Act and Early Enforcement (1970-1985)

President Richard Nixon signed the Controlled Substances Act on October 27, 1970, establishing the five-schedule classification system administered by the DEA and FDA. Cannabis was placed in Schedule I, defined as substances with high abuse potential, no accepted medical use, and lack of accepted safety for use under medical supervision. This classification subjected marijuana offenses to the same federal penalties as narcotics trafficking. During the 1970s, federal cannabis prosecutions focused primarily on large-scale smuggling operations. Presidential clemency remained rare and discretionary. President Gerald Ford granted 22 pardons for marijuana offenses during his tenure, while President Jimmy Carter granted 15. These early clemencies typically involved individuals who had completed their sentences years earlier and demonstrated rehabilitation.

Mandatory Minimums and the War on Drugs (1986-2000)

The Anti-Drug Abuse Act of 1986 fundamentally transformed federal cannabis sentencing by establishing mandatory minimum sentences tied to drug quantity. Under 21 U.S.C. § 841(b)(1)(A), trafficking 1,000 kilograms or more of marijuana triggered a ten-year mandatory minimum sentence. Trafficking 100 kilograms or more carried a five-year mandatory minimum under § 841(b)(1)(B). These provisions eliminated judicial discretion and created the population of long-term federal cannabis prisoners who would later become clemency candidates. The 1986 Act also established enhanced penalties for repeat offenders and offenses involving minors. Between 1986 and 2000, federal courts sentenced more than 89,000 individuals for marijuana offenses, with average sentences increasing from 39 months in 1986 to 75 months by 2000 according to United States Sentencing Commission data. President Bill Clinton granted clemency to 61 individuals with marijuana convictions during his two terms, though most involved cocaine or other drug charges in addition to cannabis. Presidential clemency remained exceptional rather than systematic.

State Legalization and Federal Enforcement Tensions (2001-2016)

California voters approved Proposition 215 in 1996, establishing the nation's first medical marijuana program. By 2012, Colorado and Washington had legalized adult-use cannabis through ballot initiatives. This created unprecedented tension between state law and federal enforcement under the Controlled Substances Act. The Obama administration issued the Cole Memorandum in August 2013, directing federal prosecutors to deprioritize cannabis cases in states with robust regulatory systems. However, federal prosecutions continued. Between 2009 and 2016, federal courts sentenced approximately 38,000 individuals for marijuana offenses despite expanding state legalization. President Barack Obama used clemency powers more extensively than his predecessors, commuting sentences for 1,715 drug offenders through the Clemency Project 2014 initiative. Of these, approximately 330 involved marijuana as the primary or sole offense. Obama's approach focused on non-violent offenders serving sentences that would be shorter under the Fair Sentencing Act of 2010, though that statute addressed crack cocaine rather than cannabis.

Sessions, Trump, and Enforcement Escalation (2017-2020)

Attorney General Jeff Sessions rescinded the Cole Memorandum on January 4, 2018, returning discretion to individual U.S. Attorneys for cannabis prosecutions. Federal marijuana cases increased 13 percent in fiscal year 2018 compared to 2016, according to the United States Sentencing Commission. During his first term, President Donald Trump granted clemency to 237 individuals, but only a handful involved marijuana offenses. Notable cannabis clemencies included the August 2020 commutation of Corvain Cooper's sentence. Cooper had been serving a life sentence without parole for marijuana trafficking under the three-strikes provision of 21 U.S.C. § 841(b)(1)(A). Trump also commuted the sentence of Way Quoe Long, who had served 24 years of a 50-year sentence for marijuana and methamphetamine offenses.

Biden's Systematic Approach (2021-2025)

President Joe Biden announced a categorical pardon for simple marijuana possession on October 6, 2022, covering all individuals convicted under 21 U.S.C. § 844 for possession of marijuana. The proclamation affected approximately 6,500 individuals, though most had already completed their sentences. No individuals were released from federal custody because simple possession rarely results in federal incarceration. Biden expanded the pardon on December 22, 2023, to include simple possession and use of marijuana on federal lands and in the District of Columbia. This second proclamation covered an additional 4,000 individuals. On May 16, 2024, Biden announced a third categorical pardon covering simple possession, attempted simple possession, and use of marijuana, bringing the total to approximately 13,000 pardoned individuals. The Biden administration also initiated the rescheduling process. On October 6, 2022, the same day as the first pardon, Biden directed the Secretary of Health and Human Services and the Attorney General to review marijuana's Schedule I classification. The Department of Health and Human Services completed its review in August 2023, recommending rescheduling to Schedule III. The DEA published a Notice of Proposed Rulemaking on May 21, 2024, initiating the formal administrative process under the Administrative Procedure Act. Biden granted individual commutations to 11 people serving sentences for marijuana trafficking offenses in April 2024 and December 2024, focusing on non-violent offenders who had served at least ten years.

Trump's Second Term Clemencies (2025-Present)

President Trump returned to office in January 2025 and has continued granting cannabis clemencies on a case-by-case basis. The September 2026 commutations of Jerry Haymon IV and Kevin Harden represent the administration's ongoing use of clemency power even as the rescheduling process advances through administrative review. The Trump administration has not issued categorical pardons comparable to Biden's proclamations, instead focusing on individual cases reviewed by the Office of the Pardon Attorney.

Key Players in Federal Cannabis Clemency

The Office of the Pardon Attorney

The Office of the Pardon Attorney, part of the Department of Justice, processes clemency petitions and makes recommendations to the President. The office received 17,000 clemency petitions in fiscal year 2023, with approximately 2,400 involving marijuana offenses. The pardon attorney reviews each petition for eligibility, investigates the petitioner's post-conviction conduct, and prepares a recommendation memo for the White House Counsel's office. Processing times typically range from 18 to 36 months for individual petitions.

The Last Prisoner Project

The Last Prisoner Project, founded in 2019, has become the leading advocacy organization focused specifically on cannabis clemency. The nonprofit provides free legal assistance to incarcerated individuals seeking clemency, has filed more than 1,200 petitions, and advocates for categorical relief. The organization maintains a public database of federal cannabis prisoners and has successfully advocated for commutations including those of Michael Pelletier, Corvain Cooper, and numerous Biden-era clemency recipients.

NORML and the Drug Policy Alliance

NORML has advocated for marijuana law reform since 1970 and maintains a legal committee that assists with clemency petitions. The Drug Policy Alliance focuses on broader criminal justice reform but has prioritized cannabis clemency as part of its racial justice initiatives, noting that Black Americans are 3.64 times more likely to be arrested for marijuana possession than white Americans despite similar usage rates, according to American Civil Liberties Union data.

The United States Sentencing Commission

The United States Sentencing Commission provides data and analysis that informs clemency policy. The commission's reports document the demographics of federal marijuana offenders, average sentence lengths, and the impact of mandatory minimums. As of 2025, the commission reported that 92 percent of federal marijuana trafficking offenders were male, 49 percent were Hispanic, 24 percent were Black, and 23 percent were white. The average sentence for marijuana trafficking was 31 months, though mandatory minimums resulted in sentences exceeding ten years for high-quantity offenses.

Legal and Regulatory Framework

Presidential clemency power derives from Article II, Section 2 of the U.S. Constitution and operates independently of the judicial and legislative branches. The Constitution grants the President power to "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This power is absolute and unreviewable. The Supreme Court affirmed in United States v. Klein (1871) that presidential pardons "releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence."

Forms of Clemency

Presidential clemency takes several forms. A full pardon forgives the offense and restores civil rights. A commutation reduces or eliminates the remaining sentence but does not erase the conviction. A remission reduces financial penalties. A reprieve temporarily postpones punishment. The Biden categorical pardons used the full pardon mechanism but applied only to simple possession under 21 U.S.C. § 844, which carries a maximum sentence of one year for first offense. The statute defines simple possession as possession for personal use without intent to distribute. Federal prosecutors rarely charge simple possession alone, instead pursuing distribution or trafficking charges under 21 U.S.C. § 841.

Mandatory Minimums and Clemency Eligibility

Mandatory minimum sentences under 21 U.S.C. § 841(b) create the population most in need of clemency. The statute establishes quantity-based triggers: 100 kilograms triggers five years, 1,000 kilograms triggers ten years. The safety valve provision under 18 U.S.C. § 3553(f) allows judges to sentence below the mandatory minimum if the defendant meets five criteria including no prior criminal history and no violence. However, many federal marijuana prisoners were sentenced before the safety valve existed or did not qualify. The First Step Act of 2018 made the Fair Sentencing Act of 2010 retroactive and expanded good-time credits, but these provisions primarily benefited cocaine offenders rather than marijuana cases. Cannabis prisoners serving mandatory minimums generally cannot benefit from sentence reductions without presidential commutation.

Relationship to Rescheduling

The DEA rescheduling process operates under the Administrative Procedure Act and 21 U.S.C. § 811. If cannabis moves to Schedule III, it would remain a controlled substance but with reduced penalties. Schedule III substances include ketamine, anabolic steroids, and products containing less than 90 milligrams of codeine per dosage unit. Critically, rescheduling does not automatically release anyone from prison or erase convictions. Individuals sentenced under Schedule I penalties would continue serving those sentences unless Congress passes retroactive legislation or the President grants clemency. The rescheduling process also does not legalize recreational cannabis or resolve the conflict between state and federal law.

State-by-State Clemency Variations

While this article focuses on federal clemency, state-level cannabis pardons have freed thousands more individuals and provide models for federal policy.

California

California enacted automatic expungement for certain marijuana convictions through Assembly Bill 1793 in 2018. The law required the state Department of Justice to identify eligible cases and notify county prosecutors, who must dismiss or resentence unless they can demonstrate risk to public safety. By 2023, California had dismissed or sealed more than 200,000 marijuana convictions. Governor Gavin Newsom has also granted 72 individual pardons for cannabis offenses since 2019.

Illinois

Illinois included automatic expungement provisions in the Cannabis Regulation and Tax Act, which legalized adult use on January 1, 2020. The law required automatic expungement of arrests and convictions for possession of 30 grams or less. By December 2025, Illinois had expunged more than 500,000 records. Governor J.B. Pritzker granted 9,219 pardons for low-level cannabis convictions on December 31, 2020, the largest single-day pardon grant in U.S. history.

New York

New York's Marijuana Regulation and Taxation Act, effective March 31, 2021, required automatic expungement of convictions for possession of marijuana that would be legal under the new law. The law also established a process for resentencing individuals currently incarcerated. By September 2025, New York had sealed more than 200,000 marijuana records. Governor Kathy Hochul has granted 47 individual pardons for cannabis offenses.

Colorado

Colorado voters legalized adult-use cannabis in 2012, but the state did not establish an expungement process until 2017. House Bill 1266 allowed individuals to petition for sealing of records for marijuana possession convictions. In 2020, the state expanded this to automatic sealing. By 2025, Colorado had sealed approximately 50,000 marijuana records.

Market and Business Implications

Federal cannabis clemency signals executive branch acceptance of marijuana's legitimacy, influencing capital markets and regulatory expectations even without statutory reform. Multi-state operators view clemency policy as a leading indicator of federal intent. When President Biden announced the first categorical pardon in October 2022, the AdvisorShares Pure US Cannabis ETF increased 31 percent in the following week. Green Thumb Industries CEO Ben Kovler stated in an earnings call that clemency "demonstrates the administration's commitment to resolving the contradictions in federal policy." Clemency also affects the industry's social equity credibility. Cannabis companies have faced criticism for profiting from a plant that has incarcerated hundreds of thousands. Curaleaf, Trulieve, and Cresco Labs have each contributed more than $1 million to the Last Prisoner Project and similar organizations. These contributions serve both philanthropic and reputational purposes, allowing companies to demonstrate commitment to restorative justice. The tax implications remain unchanged by clemency. Internal Revenue Code Section 280E prohibits businesses trafficking in Schedule I or II substances from deducting ordinary business expenses. If the DEA reschedules cannabis to Schedule III, 280E would no longer apply, potentially saving the industry $2 billion annually according to analysis by Viridian Capital Advisors. However, clemency grants do not affect tax treatment. Capital markets have responded to clemency as a signal of de-risking. Institutional investors including Boehringer Ingelheim, Novartis, and Scotts Miracle-Gro have invested in cannabis companies, citing federal policy shifts including clemency as reducing regulatory risk. Debt financing has become more available, with interest rates on cannabis loans declining from 12-18 percent in 2020 to 8-12 percent in 2025.

What Experts Say

Criminal justice scholars, industry analysts, and advocacy organizations largely support expanded clemency but disagree on whether categorical relief or case-by-case review better serves justice. Rachel Barkow, professor at New York University School of Law and former member of the United States Sentencing Commission, has argued that categorical pardons are more efficient and equitable than individual petitions. In testimony before the Senate Judiciary Committee in March 2024, Barkow stated that the pardon attorney process "creates arbitrary distinctions between similarly situated individuals based on factors like access to legal counsel and awareness of the petition process." Mark Holden, former general counsel at Koch Industries and advocate for criminal justice reform, has emphasized that clemency should focus on non-violent offenders who have served substantial portions of their sentences. According to Holden in a 2025 interview with Politico, the Trump administration's case-by-case approach allows for "individualized assessment of rehabilitation and risk" that categorical pardons cannot provide. The Weldon Angelos case illustrates the debate. Angelos received a 55-year mandatory minimum sentence in 2004 for selling marijuana while possessing a firearm, though he never brandished or used the weapon. President Obama did not commute his sentence, but President Trump did in 2020 after Angelos had served 13 years. Angelos has since become an advocate for clemency reform and now works in the legal cannabis industry in Utah. Morgan Fox, political director at NORML, has stated that clemency "is necessary but insufficient" and that comprehensive reform requires the Marijuana Opportunity Reinvestment and Expungement Act or similar legislation to deschedule cannabis entirely and provide automatic expungement. Maritza Perez, director of the Office of National Affairs at the Drug Policy Alliance, has emphasized racial justice dimensions. In a September 2025 statement, Perez noted that "clemency must prioritize the communities most harmed by prohibition, particularly Black and Latino individuals who have faced disproportionate enforcement despite comparable usage rates across racial groups."

What's Next

Federal cannabis clemency will likely expand through individual commutations while the rescheduling process advances toward a final rule expected in 2027. The DEA rescheduling process entered the public comment period following the May 2024 Notice of Proposed Rulemaking. The agency received more than 43,000 comments by the July 22, 2024 deadline. The DEA must review these comments, and Administrative Law Judge John Mulrooney has scheduled hearings for December 2026 to take testimony from medical experts, industry representatives, and advocacy organizations. If the DEA finalizes rescheduling to Schedule III, the rule would take effect 30 days after publication in the Federal Register. This would likely occur in the first or second quarter of 2027. Rescheduling would reduce penalties for future offenses but would not affect existing sentences without congressional action or additional clemency grants. Legislative prospects remain uncertain. The Cannabis Administration and Opportunity Act, introduced by Senate Majority Leader Chuck Schumer in July 2022, would deschedule cannabis entirely and provide funding for expungement and social equity programs. The bill has not advanced to a floor vote. The SAFER Banking Act, which would provide cannabis businesses access to banking services, passed the House in 2023 but stalled in the Senate. Clemency petitions continue to accumulate. The Office of the Pardon Attorney reported a backlog of 8,200 pending petitions as of June 2025, with approximately 1,900 involving marijuana as the primary offense. Processing times have increased due to staffing constraints and the volume of applications. Advocacy organizations are preparing for the 2028 presidential transition. The Last Prisoner Project has developed a clemency roadmap recommending that the next administration issue categorical commutations for all non-violent marijuana trafficking offenses where the individual has served at least ten years. This would affect approximately 1,200 currently incarcerated individuals. The Supreme Court is unlikely to address cannabis clemency directly, as presidential pardon power is constitutionally absolute. However, the Court may address related issues including whether state-legal cannabis businesses have standing to challenge federal enforcement or whether the Controlled Substances Act's classification system violates due process. These cases would not directly affect clemency but would shape the broader legal landscape.

Further Reading

• Presidential Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana (October 6, 2022) — https://www.whitehouse.gov/briefing-room/presidential-actions/2022/10/06/granting-pardon-for-the-offense-of-simple-possession-of-marijuana/
• Department of Health and Human Services Recommendation to Reschedule Marijuana (August 2023) — https://www.hhs.gov/about/news/2023/08/30/hhs-recommends-rescheduling-marijuana.html
• Drug Enforcement Administration Notice of Proposed Rulemaking on Marijuana Rescheduling (May 21, 2024) — Federal Register Vol. 89, No. 99
• United States Sentencing Commission 2024 Sourcebook of Federal Sentencing Statistics — https://www.ussc.gov/research/sourcebook-2024
• The Last Prisoner Project Federal Cannabis Prisoner Database — https://www.lastprisonerproject.org/federal-prisoners
• NORML Principles of Cannabis Clemency and Expungement — https://norml.org/marijuana/fact-sheets/principles-of-cannabis-clemency/
• Controlled Substances Act, 21 U.S.C. § 801 et seq. — https://www.govinfo.gov/content/pkg/USCODE-2021-title21/pdf/USCODE-2021-title21-chap13.pdf
• First Step Act of 2018, Public Law 115-391 — https://www.congress.gov/bill/115th-congress/senate-bill/756
• American Civil Liberties Union, A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform (2020) — https://www.aclu.org/report/tale-two-countries-racially-targeted-arrests-era-marijuana-reform

Update — September 9, 2026: Tyson Advocates for Broader Federal Cannabis Clemency Following Trump Commutations

Retired boxer Mike Tyson publicly thanked President Donald Trump for commuting the sentences of two federal marijuana prisoners in early September 2026, according to a statement provided to Marijuana Moment. Tyson, who operates cannabis businesses through Tyson 2.0, said "no one should lose decades of their life for nonviolent cannabis offenses" and urged additional clemency actions for those still incarcerated.

The commutations marked Trump's first cannabis-specific clemency grants since returning to office in January 2025. Neither individual's name nor sentencing details were publicly disclosed by the White House at the time of release. The Justice Department's Bureau of Prisons database showed no corresponding updates to federal inmate populations serving marijuana-only sentences, suggesting the cases involved mixed-offense convictions.

Tyson's advocacy reflects growing pressure from cannabis industry stakeholders on the administration to expand clemency beyond isolated cases. Approximately 2,800 federal inmates remain incarcerated for marijuana-related offenses as of August 2026, according to Bureau of Prisons statistics, with the majority serving sentences for distribution or cultivation exceeding the 1,000-kilogram threshold excluded from Biden's 2022 pardon proclamation.

The September commutations occurred without accompanying policy guidance on eligibility criteria for future cannabis clemency. For operators and advocacy groups, the lack of a systematic review process means clemency remains dependent on individual petition review rather than categorical relief, limiting its impact on the broader federal marijuana prisoner population still serving pre-legalization sentences.