Federal Marijuana Pardon: What It Covers and How to Get Your Certificate

What the Presidential Marijuana Pardons Actually Cover

In October 2022, President Biden issued a proclamation granting a full, unconditional pardon to all U.S. citizens and lawful permanent residents convicted of simple possession of marijuana under federal law — specifically, offenses under 21 U.S.C. § 844. A second, broader proclamation followed in December 2023, extending the pardon to additional federal offenses including attempted simple possession and use of marijuana on federal property.

These are categorical pardons, meaning they apply automatically to every person who meets the criteria. You do not need to apply for the pardon itself — if your conviction fits the definition, you are already pardoned. However, getting official documentation of that pardon is a separate step, and it is one that matters for practical purposes.

The pardons cover:

• Federal simple possession of marijuana under 21 U.S.C. § 844
• Attempted simple possession under the same statute
• Use or possession on federal property, including national parks and military installations
• Convictions under the D.C. Code for simple marijuana possession (D.C. convictions are processed through the federal system)

What the pardons do not cover:

• Possession with intent to distribute
• Manufacturing or trafficking charges
• Any state-level marijuana conviction — even in states where possession has since been legalized
• Convictions for other controlled substances

How to Get Your Certificate of Pardon

The pardon is already in effect, but a physical Certificate of Pardon provides official proof that you can present to employers, landlords, licensing boards, and government agencies. The Office of the Pardon Attorney (OPA) at the Department of Justice processes these certificates.

The application process:

1. Download the application form from the OPA's website at justice.gov/pardon. The form is specific to the marijuana pardon proclamations — do not use the standard presidential clemency petition form.
2. Provide your identifying information, including full legal name, date of birth, Social Security number, and the case number and district where you were convicted.
3. Submit the form electronically via email to [email protected], or by mail to the Office of the Pardon Attorney, 950 Pennsylvania Avenue NW, Washington, DC 20530.
4. Wait for processing. The OPA verifies your conviction against federal court records to confirm it falls within the scope of the proclamation. Processing times vary, but categorical pardon certificates are generally processed faster than individual clemency petitions because no FBI investigation or merit review is required.

Once issued, the certificate is an official DOJ document confirming that the President has pardoned your conviction. It carries the weight of a formal executive order.

What a Marijuana Pardon Does — and Does Not Do — to Your Record

A common misconception is that a pardon erases the conviction from your record. It does not. The conviction remains visible on FBI rap sheets and federal court records (PACER). What changes is that an official notation of the presidential pardon is attached to that record.

In practical terms, this means:

• Background checks: The conviction will still appear on a federal background check, but it will show as "pardoned." Under the Fair Credit Reporting Act, consumer reporting agencies are required to accurately report the pardoned status of any conviction they disclose.
• Employment: Employers who run federal background checks will see the conviction with the pardon notation. Under EEOC guidance, a pardoned conviction should carry substantially less weight in employment decisions, though individual employer policies vary.
• Licensing boards: A pardoned federal marijuana conviction should not serve as the sole basis for denying a professional license, but licensing boards retain discretion to consider the underlying conduct in some states.
• Immigration: This is the major exception. Under federal immigration law, an executive pardon can waive deportability for certain offenses but is often ineffective for drug offenses — so lawful permanent residents should not assume the marijuana pardon clears their immigration exposure. Consult an immigration attorney before relying on the pardon in any immigration proceeding.

If you want the conviction completely removed from public view, you would need to pursue federal expungement — which is an entirely separate judicial process and is rarely available for federal convictions. The pardon alone does not trigger automatic expungement.

State Marijuana Convictions Are Not Covered

One of the biggest points of confusion: the presidential proclamations only cover federal marijuana convictions. State-level convictions — which make up the vast majority of marijuana possession cases in the United States — require separate action through the state's own record-relief system.

Many states have enacted their own marijuana pardon or expungement programs in response to legalization. States like Illinois, New York, and California have automated expungement systems for qualifying marijuana offenses. Others require individual petitions. The process depends entirely on the state where the conviction occurred.

If you have a state marijuana conviction, check whether your state offers automatic expungement under Clean Slate legislation or a petition-based pathway. Our guide to clean slate laws in 2026 covers the latest implementation timelines.

When to Pursue Additional Relief Beyond the Pardon

The marijuana pardon resolves the federal conviction, but it does not address everything. Two situations where further action is worth considering:

Multiple convictions on your record. If the marijuana offense is one of several federal convictions, the pardon only applies to the marijuana charge. The remaining convictions stay on your record and continue to affect your background check, licensing eligibility, and civil rights. For those, a standard individual presidential clemency petition through the OPA — with the full five-year waiting period and FBI investigation — is the path forward.

Firearm rights. A presidential pardon generally restores federal firearm rights that were lost due to the pardoned conviction. However, state firearm laws may impose separate restrictions based on any prior felony — even a pardoned one. Check your state's firearm eligibility rules before assuming you are clear to purchase or possess.

The Pardons & Clemency guide walks through the full federal clemency process, document assembly checklist, and personal statement framework for anyone who needs relief beyond what the categorical marijuana pardon covers.