President Biden’s recent announcement pardoning thousands of individuals convicted of simple marijuana possession has reignited the debate over cannabis reform in the United States. While this move marks a significant step toward addressing the harms of outdated drug policies, it falls short of full federal legalization or decriminalization. As the nation grapples with the complexities of cannabis policy, Biden’s actions raise important questions about the future of marijuana reform and its impact on individuals, businesses, and communities.
Inside the Current Legal Landscape
The U.S. cannabis landscape is a patchwork of state and federal laws, creating a complex and often contradictory legal environment.
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State-Level Legalization: As of 2023, 19 states and Washington, D.C., have legalized adult-use cannabis, while 37 states and D.C. have legalized medical marijuana. States like California, Colorado, and Illinois have established robust cannabis markets, generating billions in tax revenue and creating thousands of jobs.
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Federal Prohibition: Despite state-level progress, cannabis remains classified as a Schedule I substance under the Controlled Substances Act, alongside drugs like heroin and LSD. This federal classification creates significant challenges for cannabis businesses, including limited access to banking services, restrictive tax policies (e.g., IRS Code 280E), and barriers to interstate commerce.
The disconnect between state and federal laws has led to widespread calls for reform, with advocates urging Congress to pass comprehensive legislation like the MORE Act or the SAFE Banking Act.
Conspicuous Timing: A Political Move?
Biden’s announcement came just weeks before the 2022 midterm elections, sparking speculation about its political motivations.
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Aligning with Voter Expectations: Polls consistently show that a majority of Americans support cannabis legalization, including 68% of adults according to a 2023 Pew Research Center survey. By addressing marijuana reform, Biden may have aimed to energize progressive voters and appeal to younger demographics.
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Criticism of Delayed Action: While the move is a step forward, critics argue that Biden’s administration has been slow to act on cannabis reform. During his campaign, Biden promised to decriminalize marijuana and expunge prior convictions, but progress has been incremental at best.
What Did Biden Announce? Breaking Down the Policy
Biden’s October 2022 announcement included three key components:
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Federal Pardons for Simple Marijuana Possession:
Biden issued pardons for all prior federal offenses of simple marijuana possession, potentially benefiting over 6,500 individuals. However, this action does not apply to state-level convictions, which account for the vast majority of marijuana-related arrests. -
Call to Action for Governors:
Biden urged state governors to follow his lead and pardon individuals with state-level marijuana possession convictions. This move highlights the need for a coordinated approach to addressing the collateral consequences of cannabis criminalization, such as barriers to employment, housing, and education. -
Review of Federal Scheduling:
Biden directed the Department of Health and Human Services (HHS) and the Attorney General to review how marijuana is classified under federal law. This review could pave the way for rescheduling or descheduling cannabis, which would have far-reaching implications for research, medical use, and industry regulation.
Practical Insights: The Road to Comprehensive Reform
While Biden’s actions are a step in the right direction, they underscore the need for more comprehensive and equitable cannabis policies.
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Addressing Racial Disparities:
Despite similar usage rates across racial groups, Black Americans are nearly four times more likely to be arrested for marijuana possession than white Americans, according to the ACLU. Expunging records and reinvesting in communities disproportionately impacted by the War on Drugs must be a priority. -
Supporting the Cannabis Industry:
Federal legalization would unlock significant economic potential, including access to banking services, tax relief, and expanded market opportunities. The U.S. cannabis market is projected to reach $40 billion by 2025, according to New Frontier Data. -
Promoting Research and Medical Use:
Rescheduling cannabis would facilitate research into its medical benefits, such as its potential to treat chronic pain, epilepsy, and PTSD. Organizations like MAPS (Multidisciplinary Association for Psychedelic Studies) are already leading the way in cannabis and psychedelic research.
The Bottom Line: Progress, But Not Perfection
Biden’s midterm marijuana move is a historic step toward addressing the harms of cannabis criminalization, but it is not a panacea. Full federal legalization or decriminalization remains the ultimate goal for advocates, businesses, and patients alike.
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What’s Next?:
The outcome of the federal scheduling review could shape the future of cannabis policy in the U.S. If cannabis is rescheduled to a lower classification (e.g., Schedule III), it would remain regulated but could open doors for medical research and industry growth. -
The Role of Advocacy:
Grassroots organizations like the National Organization for the Reform of Marijuana Laws (NORML) and the Drug Policy Alliance continue to push for comprehensive reform. Public support and engagement are critical to driving meaningful change.
Call to Action: Join the Movement for Cannabis Reform
The fight for equitable and evidence-based cannabis policy is far from over. Here’s how you can get involved:
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Stay Informed: Follow reputable sources like NORML, Marijuana Moment, and Leafly for updates on cannabis policy and advocacy efforts.
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Contact Your Representatives: Urge your elected officials to support federal cannabis reform, including the MORE Act and the SAFE Banking Act.
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Support Advocacy Organizations: Donate to or volunteer with groups like the Drug Policy Alliance or Students for Sensible Drug Policy to amplify the movement for reform.
Conclusion: A Step Forward, But the Journey Continues
Biden’s midterm marijuana move is a significant milestone in the fight for cannabis reform, but it is only the beginning. By addressing the injustices of the past and paving the way for a more equitable future, the U.S. can move closer to a cannabis policy that prioritizes justice, health, and economic opportunity.
Join the conversation and take action today to shape the future of cannabis policy in America. Together, we can build a more just and inclusive society for all.
For more information on cannabis policy and advocacy, visit NORML and Drug Policy Alliance.