President Biden took executive action on marijuana, a move advocates have called for throughout his term.
The White HouseExecutive Action. Last Thursday, President Biden announced pardons for people convicted of simple possession of marijuana on the federal level and in Washington, D.C. Under existing federal law, first-time offenders face up to one year in jail and a minimum fine of $1,000. Currently, no one is in federal prison solely for simple possession. Biden also urged governors to take similar action in their states and ordered the Health and Human Services Secretary and Attorney General to “expeditiously” review how the federal government classifies marijuana.
Biden’s Stance. In announcing his move, Biden insisted: “No one should be in jail just for using or possessing marijuana.” He also argued that those convicted of marijuana possession have lost employment, housing, or educational opportunities due to their record. The administration believes the pardons will relieve these collateral consequences. While the President has expressed openness to further easing current federal marijuana regulations, he maintained that “important limitations on trafficking, marketing, and underage sales should stay in place.”
Significant Step. Advocates have long pushed for executive action on marijuana reform, and the measure represents the most significant step from the Biden administration on that front to date. Administration officials say the move impacts about 6,500 people with federal convictions and several thousand more under the D.C. code.
State Trends. The overwhelming majority of convictions for marijuana possession happen at the state and local levels. However, in recent years, these jurisdictions have shifted toward a more open approach as they institute relaxed regulations on the drug or decriminalize it entirely. Currently, 37 states and D.C. have legalized medical marijuana, and 19 states have legalized it for recreational use. Five states — Arkansas, Maryland, Missouri, North Dakota, and South Dakota — will vote on legalizing recreational marijuana use this November.
Scheduling. Yet as states shift toward a more open approach, the federal government has maintained its focus on prohibition. The government classifies marijuana as a Schedule I drug — substances “with no currently accepted medical use and a high potential for abuse.” Other Schedule I drugs include heroin and LSD, above substances like fentanyl and methamphetamine.
Biden’s History. In addition to the government’s hardline view on marijuana, many advocates pushing for reforms to these strict policies have worried about the President’s record on the issue. Some activists say Biden is responsible for authoring many “tough-on-drugs” laws that they claim disproportionately imprisoned minorities for minor offenses. While the President’s 2020 campaign site said he supports decriminalization and wants to reschedule marijuana to a Schedule II substance, he opposes full legalization.
GOP Divide. The Republican reaction to the President’s announcement has been split. Congresswoman Nancy Mace (R-SC) praised the President’s decision, calling it “a step in the right direction.” Mace suggested marijuana could serve as valuable medical care for some, including many veterans suffering from PTSD. She has introduced a bill — the States Reform Act — to remove cannabis from the Schedule I classification, but the legislation has not received a vote in the House. Congressman Dave Joyce (R-OH) — co-chair of the Congressional Cannabis Caucus — also applauded Biden’s order and echoed his calls for state and local authorities to take similar action. Still, he criticized Democratic lawmakers’ efforts to change federal marijuana policy, calling it an “all-or-nothing approach.”
However, other Republicans have criticized the move, especially as the party makes a rise in violent crime a central attack against Democrats ahead of the November midterm elections. Senator Tom Cotton (R-AR) tweeted: “In the middle of a crime wave and on the brink of a recession, Joe Biden is giving blanket pardons to pot heads — many of whom pled down from more serious charges. This is a desperate attempt to distract from failed leadership.” Texas Governor Greg Abbott also argued the move could contribute to heightened crime, saying he would not issue similar pardons in the state.
Dems Call for More. Democratic lawmakers have praised the efforts but say the President needs to go further. In particular, many say the administration’s order to review marijuana’s classification is insufficient. Senator Ron Wyden (D-OR) said, “a comprehensive federal solution is needed.”
Some analysts believe the President’s announcement could spur action in Congress to ease existing marijuana regulations at the federal level. During this legislative session, lawmakers have pushed various reform bills — including the Secure and Fair Enforcement Banking Act and Cannabidiol and Marihuana Research Expansion Act — to lower barriers the marijuana sector faces in finances and scientific research due to the government’s prohibition policy.
Other lawmakers have pushed further. Earlier this year, the House passed a bill legalizing marijuana nationwide and removing criminal penalties for those who distribute or possess the drug. However, the chamber approved the measure — called the Marijuana Opportunity Reinvestment and Expungement (MORE) Act — in a largely party-line vote, and the Senate has yet to take up the legislation. Separately, Democratic Senators have introduced the Cannabis Administration and Opportunity Act that would similarly end the federal prohibition of marijuana, but it also has an unclear path forward.
Connect this story to the curriculum you're already using. Are you using this differently in your class? Send us an email at team@civilmedia.io, and we'll add a connection here.
AP Government & Politics