| ||
|---|---|---|
Personal U.S. Senator from Delaware 47th Vice President of the United States Vice presidential campaigns 46th President of the United States Tenure   | ||
U.S. PresidentJoe Biden stated in February 2021 thathis administration would pursuecannabis decriminalization as well as seek expungements for people with prior cannabis convictions.[1] As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law.[2] However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons, as no federal inmates were incarcerated for simple marijuana use at the time.[3]
The use, sale, and possession ofcannabis over 0.3% delta-9-THC in theUnited States, despite state laws, isillegal under federal law. As a Schedule I drug under the federalControlled Substances Act of 1970, cannabis over 0.3% delta-9-THC (legal termmarijuana) is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception ofFDA-approved research programs; however,individual states have enacted legislation permitting exemptions for various uses, mainly for medical and industrial use but often also recreational use.[citation needed]
Trump indicated during his2016 presidential campaign that he favored leaving the issue oflegalization of marijuana to the states, but his administration never acted on the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included less protections for state medical marijuana laws. In 2018, Trump's administration also rescinded the 2013Cole Memorandum, anObama-eraJustice Department policy that generally directed federal prosecutors not to pursue cannabis prosecutions in states where the drug is legal as a matter of state law.[4]
Cannabis legalization was approved via November 2020 ballot measures in the three states ofArizona,Montana, andNew Jersey. Additionally, medical cannabis was legalized via ballot measures during the same election inMississippi andSouth Dakota; South Dakota became the first state to legalize medical and recreational cannabis simultaneously, though its referendum for recreational cannabis was nullified by a court.[5] Observers noted that cannabis legalization was approved in states with both conservative and liberal electorates, making it one of the few issues to gain broad bipartisan support in an otherwise highly divisive election.[6]
The trend continued in 2021, as legalization was approved at the state level in Biden-carried states ofNew Mexico,New York,Virginia,New Jersey, andConnecticut.[7] During his 2020 presidential campaign, Biden said "individual states should decide whether to legalize it for recreational use."[8]
Statewide ballot measures on cannabis legalization were held during the2022 and2023 elections. The states ofMaryland,Missouri, andOhio voted to legalize recreational cannabis,[9] while the states ofArkansas,North Dakota,South Dakota, andOklahoma voted against measures that would do the same.
As of March 2023, although Biden had stood for decriminalization and descheduling during his campaign, the administration had not formulated an explicit policy on cannabis. Some political andcannabis industry observers like the editor ofLeafly thought the administration would be likely to assist in carrying out his campaign promises on cannabis through theMORE Act, sponsored by then-SenatorKamala Harris, or through executive order.[10] Failing full legalization, he could improve banking access by supporting theSAFE Act.[11][12]
In March, 2021, the Daily Beast reported that "dozens" of White House staffers had been "suspended, asked to resign or placed in a remote work program" because they had admitted to prior cannabis use. This action affected even those whose use had occurred in legal states.[13] When asked for comment, White House press SecretaryJen Psaki acknowledged that five staffers had been fired over the issue.[14] In addition, Biden himself, when asked to comment on US track and field athleteSha'carri Richardson's 30-day suspension from the2020 Tokyo Olympics due to a failed drug test, initially offered, "the rules are the rules."[15] After it was announced that Richardson would be denied the chance to compete after the 30-day suspension was lifted, Psaki later suggested that the rules surrounding Richardson's suspension be re-examined.[16]
In May 2021, theDrug Enforcement Administration approved licensed facilities to grow cannabis for the purpose of medical research for the first time since 1968.[17] Prior to this, theUniversity of Mississippi was the only institution in the United States legally permitted to grow the plant for that use. Previously, in 2016, an application process was put in place for research growers, but no applications were later approved under theTrump administration.[18]
In October 2022, President Biden announced a mass pardon for past federal cannabis possession convictions, encouraged governors to do the same for state cannabis possession convictions, and instructedAttorney GeneralMerrick Garland andSecretary of Health and Human ServicesXavier Becerra to review the classification schedule of marijuana, which could result inremoval of cannabis from Schedule I of the Controlled Substances Act.[19]
On December 2, 2022, Biden signed theMedical Marijuana and Cannabidiol Research Expansion Act.[20]
TheViktor Bout–Brittney Griner prisoner exchange occurred on December 8, 2022, which involved an American WNBA athlete being convicted of cannabis possession on Russian soil.
In May 2024,Kevin Sabet ofSmart Approaches to Marijuana stated that Joe Biden made a promise on the campaign trail to reclassify marijuana, with the word "reclassify" being used to reflect an opposition by Biden to federal legalization.[21] This was right after the May 21, 2024 announcement in the federal register of FDA’s intention to reschedule cannabis from schedule I to schedule III and acknowledgement that marijuana had currentlyaccepted medical uses.[22] (That is, whileTHC andCBD are FDA-approved, the FDA has notapproved the plant itself and there are no applications in front of the FDA seeking itsapproval.) The FDA has yet to finalize the rescheduling and the process is mired by legal battles among various stakeholders and even between government agencies.[23]
We know Biden's public stance on [marijuana policy]. He's spoken about decriminalization, about medical legalization, about moving marijuana from its current classification as a Schedule I drug under the Controlled Substances Act (using executive action to bring it down to Schedule II) and about expunging past convictions for marijuana charges. But he's never come out in favor of full descheduling and full legalization.
.jpg)
{{cite news}}: CS1 maint: multiple names: authors list (link)
