US ‘stop list’ not affected by Joe Biden’s plan for cannabis pardons, says consulate
A United States move to pardon many people convicted of cannabis possession is not expected to affect Bermudians on the “stop list”.
President Joe Biden announced last week that he would pardon thousands of people with federal offences for simple cannabis possession and initiate a review of how the drug is classified.
In a speech, he urged state governors to follow suit, stating: "Too many lives have been upended because of our failed approach to marijuana. It's time that we right these wrongs.“
However, the US Consulate said that cannabis possession remained illegal under US federal law.
“Visa applications are adjudicated in accordance with all applicable law, including the Immigration and Nationality Act and relevant regulations,” the Consulate said. “We cannot speculate on whether someone may or may not be eligible for a visa.
“Whenever an individual applies for a US visa, a consular officer reviews the facts of the case and determines whether the applicant is eligible for that visa based on US law.
“US law makes ineligible for visas for those convicted of any law related to a controlled substance. Consular officers deny visa applications if an applicant is found ineligible under the Immigration and Nationality Act or other provisions of US law.”
The consulate added that the President had asked the Secretary of Health and Human Services and the Attorney General to “initiate the administrative process to review expeditiously how marijuana is scheduled under federal law”, but the drug’s federal status has not been changed.
The Bermuda Government previously moved to expunge convictions of those who were convicted of possessing less than 7g of cannabis, with the policy coming into effect last year.
Kathy Lynn Simmons, the Attorney-General and Minister of Legal Affairs and Constitutional Reform, said at the time the legislation would help “minimise the legacy effects of discriminatory, racialised and unjust criminal sanctions, which continue to hamper those formerly convicted persons from gaining equal treatment in the areas of employment, housing and other legal ramifications”.
However, Ms Simmons warned that change may not lead to people being removed from the stop list.
She added: “Expungement offers the best opportunity for overcoming the stop list hurdle in the future.”
Expungement forms are available both online and at the Ministry of Legal Affairs.
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