"Furthermore, in May 2019, while speaking with prospective voters in New Hampshire, the former vice president noted, "Nobody should be in jail for smoking marijuana."
Andrew Bates, a spokesperson for the Biden campaign, laid out Biden's proposal to CNN in May 2019:
Vice President Biden does not believe anyone should be in jail simply for smoking or possessing marijuana. He supports decriminalizing marijuana and automatically expunging prior criminal records for marijuana possession, so those affected don't have to figure out how to petition for it or pay for a lawyer.
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