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Democrats seem to be delivering on unimportant issues while under delivering on critical, popular ones.
Who is advising President Biden on clemency? Why has he chosen to grant clemency for death row inmates while leaving federal cannabis inmates behind?
After two years lobbying Democratic lawmakers on the issue of clemency for cannabis inmates, I feel that I, along with the broader cannabis community, have successfully inserted this topic into the national conversation. My efforts have included meaningful conversations with federal Democratic lawmakers, and I’ve noticed a generational divide: younger Democrats, particularly those under 60, overwhelmingly agree with me. However, older Democrats are hit or miss—many agree privately but lack the courage to take a public stand.
My congresswoman, Ilhan Omar, is a notable exception. She has consistently stood up for cannabis inmates, addressed my concerns, and taken concrete action on this issue. While progress is being made, I can’t help but question why, at this late stage of Biden’s presidency, the administration has prioritized commuting death row inmates instead of freeing non-violent cannabis offenders in federal prison.
The cannabis industry is a $20 billion powerhouse in the U.S., already surpassing alcohol in many respects. Public support for the release of federal cannabis inmates is a no-brainer, with polls showing 90% approval among cannabis users. This translates into millions of Americans who back clemency for cannabis inmates. In contrast, there is minimal public support for commuting the sentences of death row inmates. To many, this appears to be another misstep by Democrats at a time when Biden’s leadership is crucial.
The reasoning behind these decisions is murky. Claims of addressing “racial justice disparities” don’t hold up under scrutiny, as the demographic breakdown of death row inmates—45% white, 37% Black, 15% Hispanic, and 2.5% Asian—shows a more nuanced reality. Furthermore, Biden’s decision to leave three inmates on death row indicates he isn’t personally opposed to the death penalty. The only plausible explanation seems to be that the Democratic Party views this as a politically advantageous move. But where is the public support for commuting the sentences of murderers and rapists?
As someone who served eight years in federal prison for a cannabis-related offense, I firmly believe this was the wrong group to prioritize for clemency. Instead, Biden should focus on granting relief to non-violent cannabis offenders like Edwin Rubis, who has already served 27 years for a cannabis offense and still has eight years remaining on his sentence. After addressing these cases, the administration could turn its attention to other non-violent drug offenders serving excessively long sentences—many of whom are first-time offenders serving 10, 20, 30 years, or even life.
Had Biden taken this approach, clearing federal death row would have been more palatable. Those released from death row would likely face natural life sentences in the general prison population, where they would no longer benefit from the isolation of death row cells.
I hope and pray that President Biden takes this opportunity to address the damage caused by his 1994 crime bill, which contributed to mass federal incarceration. The time to act is now. Edwin Rubis often shares with me the heartbreak of watching President Obama grant clemency to over 1,700 individuals while his name was excluded. At the end of Obama’s term, Edwin had already been incarcerated for 15 years on a non-violent cannabis charge.
As I write this on New Year’s Eve, I’ve heard whispers in the community that Biden is not done granting clemency. I remain hopeful that he will use this moment to reflect on the harm caused by his policies and take meaningful steps to repair it.
The time for justice is now.
Written by Travis Cullen through the lens of serving 8 years in federal prison on cannabis charges
