 On Thursday, October 6th, President Joe Biden gave cannabis advocates a huge suprise.
The President released a statement on Marijuana Reform and announced that he is ordering the pardoning of simple cannabis offenses at the federal level. He is also urging states to do the same at the state level. And most importantly, he has direct the Attorney General and the Secretary of Health and Human Services to officially review the Schedule 1 classification of cannabis, and not just review it, but to come to an answer quickly. Here is the full text of his official announcement: As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates. Today, I am announcing three steps that I am taking to end this failed approach. First, I am announcing a pardon of all prior Federal offenses of simple possession of marijuana. I have directed the Attorney General to develop an administrative process for the issuance of certificates of pardon to eligible individuals. There are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result. My action will help relieve the collateral consequences arising from these convictions. Second, I am urging all Governors to do the same with regard to state offenses. Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either. Third, I am asking 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. Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances. This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic. Finally, even as federal and state regulation of marijuana changes, important limitations on trafficking, marketing, and under-age sales should stay in place. Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs. At the same time the President released that statement, he also announced his official Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana. (Read his Official Presidential Action Released Statement here) Immediately after this all was released, there was, of course, a huge reaction. Most people were thrilled by these announcements. But some others were critical. Cannabis advocates agree this is an enormously positive step in the right direction. But it does leave many questions. Overall, though, this positive step and the resulting questions will essentially force some movement on the issue. One of the first things to note is that the President does not have unilateral power over the people. He can only do so much. Out of his three part statement, the only concrete action he can enforce is the pardoning of federal convictions. But, most marijuana cases are prosecuted under state law, not federal law. The President did urge states to also issue pardons for simple offenses at the state level. However, he cannot force them too. Despite that, though, his influence is sure to be strong, and it stands to reason that many, if not all, states will follow his lead. When we look at those the President can and is pardoning, at the federal level, a senior administration official told reporters that there are 6,500 people expected to qualify for the President’s pardon. None of those are currently in prison, as simple posession alone usually does not receive a federal prison sentence. But, it will still be an incredible relief for those with federal possession convictions to get a clean slate. And although President Biden said "we should decriminalize marijuana," he does not have the authority to do that on his own. Without new legislation, marijuana use will remain federally illegal, as will cultivation and retail sales. Simple marijuana possession is still punishable by a $1,000 fine and up to a year in jail. And growing or selling marijuana are still federal felonies. But while the President is not able to create new laws, his pardoning thousands for simple posession puts a great deal of pressure on legislatures to change the laws. The President’s statement also said that the was directing the Secretary of Health and Human Services and the Attorney General to begin the process of evaluating how marijuana is classified under federal law, and to do so expeditiously, or in other words: get to a conclusion swiftly. He pointed out that marijuana’s Schedule 1 classification is harsher than opioids, fentanyl and methamphetamine. But getting the DEA to change marijuana’s Schedule 1 status comes with a loophole. The DEA demands evidence before they will consider it, but critics point out that it’s highly difficult to conduct the type of research they want while it remains a Schedule 1 drug. Having the President authorize them the Health and Human Service Secretary and the Attorney General to work on this will help put positive pressure on the DEA to finally move forward with reviewing marijuana’s classification. When and if they do reschedule marijuana, research barriers would be eliminated. So, although the President can’t offically decriminalize marijuana - only descheduling it can - his pardoning simple posession charges puts all the cannabis opponents into a tail spin, as it will be pointless for them to spend time and money pursing simple cannabis possession charges, knowing that the President will pardon them. One of the sponsors of the SAFE Banking Act, and one of the most vocal cannabis advocates in congress, Democratic US Representative Earl Blumenauer of Oregon, released his own statement, commending the President’s action. He pointed out that 99% of Americans live in a state where some form of cannabis use is legal. Part of his statement read, “This is a critical important step forward for racial justice in the failed war on drugs that too often targeted people of color, especially Black and Latino men. While this order is welcome and long overdue, it is just the first step of many that this Administration should take." Blumenauer also spoke about the current pending measures in the House right now. Regarding these initiatives, he said, “The President should embrace and celebrate. It is critical that we put the full force of the federal government behind them." The President’s declaration will certainly have an effect on the upcoming November elections, in which marijuana will definitely - especially now - have a huge impact. There is also the time called the “lame duck” period between November elections and the end of the year, where the Senate will have their opportunity to act on the heels of the President’s words. It’s hoped that some cannabis measures will be passed in this period, in particular, the SAFE Banking Plus Act. What will happen? Which way will things go? Well, the government will issue pardons, and a review of marijuana’s drug schedule classification will begin. Politicians and advocates on both sides of the issue will work harder to push their agendas. Beyond that is just speculation. Something we should keep in mind, though, is that when Trump was elected President, he immediately repealed the Cole Memorandum. That document was a guide from the government, which among other things, told enforcement agencies to stop putting time and effort into pursuing low level cananbis crimes. So, with this in mind, we know that the opposition could come up with creative ways to block or overturn this progress. Only time will tell which way the voters will vote, and which way Congress and the Senate will act. We can hope for more positive cannabis news as our government representatives try to navigate their way through it all. Representative Blumenauer’s statement summed up this whole Presidential declaration well. He said, “There was a time when this was controversial. Yet for several years, the federal government has been left behind by people and states who did not wait. Not only does more than two-thirds of the public support full legalization, even half of American Republicans are also ready to end this chapter of the failed war on drugs. We welcome this action and hope it is the first of several noncontroversial critical steps to promote justice, equity, and rational policy.” Comments are closed.
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