Cannabis policy of the Joe Biden administration

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U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions. [1] It can still be found on his campaign website under sentencing reform. [2] As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. [3] 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. [4]

Contents

Background

The use, sale, and possession of cannabis over 0.3% delta-9-THC in the United States, despite state laws, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act of 1970, cannabis over 0.3% delta-9-THC (legal term marijuana) 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 of FDA-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 ]

Cannabis policy of Donald Trump

Trump indicated during his 2016 presidential campaign that he favored leaving the issue of legalization 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 In 2018, Trump's administration also rescinded the 2013 Cole Memorandum, an Obama-era Justice Department policy that generally directed federal prosecutors not to pursue cannabis prosecutions in states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. [5]

State legalizations

2020 elections

Cannabis legalization was approved via November 2020 ballot measures in the three states of Arizona, Montana, and New Jersey. Additionally, medical cannabis was legalized via ballot measures during the same election in Mississippi and South 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. [6] 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. [7]

2021

The trend continued in 2021, as legalization was approved at the state level in Biden-carried states of New Mexico, New York, Virginia, New Jersey, and Connecticut. [8] During his 2020 presidential campaign, Biden said "individual states should decide whether to legalize it for recreational use." [9]

2022–23 elections

Statewide ballot measures on cannabis legalization were held during the 2022 and 2023 elections. The states of Maryland, Missouri, and Ohio voted to legalize recreational cannabis, [10] while the states of Arkansas, North Dakota, South Dakota, and Oklahoma voted against measures that would do the same.

Cannabis policy

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 and cannabis industry observers like the editor of Leafly thought the administration would be likely to assist in carrying out his campaign promises on cannabis through the MORE Act, sponsored by then-Senator Kamala Harris, or through executive order. [11] Failing full legalization, he could improve banking access by supporting the SAFE Act. [12] [13]

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. [14] When asked for comment, White House press Secretary Jen Psaki acknowledged that five staffers had been fired over the issue. [15] In addition, Biden himself, when asked to comment on US track and field athlete Sha'carri Richardson's 30-day suspension from the 2020 Tokyo Olympics due to a failed drug test, initially offered, "the rules are the rules." [16] 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. [17]

Vice President Kamala Harris leads a roundtable discussion on cannabis reform at the White House on March 15, 2024 Kamala Harris cannabis roundtable White House March 2024.jpg
Vice President Kamala Harris leads a roundtable discussion on cannabis reform at the White House on March 15, 2024

In May 2021, the Drug Enforcement Administration approved licensed facilities to grow cannabis for the purpose of medical research for the first time since 1968. [18] Prior to this, the University 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 the Trump administration. [19]

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 instructed Attorney General Merrick Garland and Secretary of Health and Human Services Xavier Becerra to review the classification schedule of marijuana, which could result in removal of cannabis from Schedule I of the Controlled Substances Act. [20]

On December 2, 2022, Biden signed the Medical Marijuana and Cannabidiol Research Expansion Act. [21]

The Viktor Bout–Brittney Griner prisoner exchange occurred on December 8, 2022 which involved an American WNBA athlete being convicted of cannabis possession on Russian soil.

Related Research Articles

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span> Legalization of marijuana in the United States

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Cannabis in the United States</span> Legality, use, culture, market and production of cannabis in the United States

The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.

<span class="mw-page-title-main">Cannabis in Oregon</span> Use of cannabis in Oregon

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Medical cannabis in the United States</span> Use of cannabis for medical purposes in the United States

In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on federal plans to change marijuana to a Schedule III drug.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Massachusetts</span> Overview of the use and culture of cannabis in Massachusetts, U.S.

Cannabis in Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

<span class="mw-page-title-main">Cannabis in Maryland</span> Legality, use and culture of medical and recreational cannabis in Maryland

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">Cannabis in Washington, D.C.</span> Legality, use and culture of cannabis in Washington, D.C.

In Washington, D.C., cannabis is legal for both medical use and recreational use for possession, personal use, cultivation, transportation and gifting, and for retail sale once a regulatory system is implemented following an affirmative vote by the residents on a 2014 ballot initiative. The United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.

<span class="mw-page-title-main">Legal history of cannabis in Canada</span>

The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.

<span class="mw-page-title-main">Marijuana Opportunity Reinvestment and Expungement Act</span> Proposed U.S. federal legislation to decriminalize cannabis

The Marijuana Opportunity Reinvestment and Expungement Act, also known as the MORE Act, is a proposed piece of U.S. federal legislation that would deschedule cannabis from the Controlled Substances Act and enact various criminal and social justice reforms related to cannabis, including the expungement of prior convictions.

References

  1. ↑ Rose, Connor J.; Steineker, Whitt (December 28, 2020). "President-Elect Joe Biden and the Future of Cannabis Policy in America". Bradley. Retrieved July 8, 2021.
  2. ↑ "LIFT EVERY VOICE: THE BIDEN PLAN FOR BLACK AMERICA". Archived from the original on 2021-10-20. Retrieved 2021-10-17.
  3. ↑ Shear, Michael D. (October 8, 2022). "Biden Pardons Thousands of People Convicted of Marijuana Possession Under Federal Law". The New York Times.
  4. ↑ Lartey, Jamiles (October 15, 2022). "Don't Expect Mass Prison Releases From Biden's Marijuana Clemency". The Marshall Project.
  5. ↑ Gruman, Sadie (January 4, 2018). "Sessions terminates US policy that let legal pot flourish". Associated Press. Retrieved September 27, 2021.
  6. ↑ The Associated Press (2021-11-24). "South Dakota's Supreme Court rules against legalization of recreational marijuana". NPR. Retrieved 2022-02-06.
  7. ↑ "Marijuana legalization is so popular it's defying the partisan divide". CBS News. The Associated Press. November 16, 2020. Retrieved July 8, 2021.
  8. ↑ Wong, Ashley (June 22, 2021). "Connecticut Legalizes Recreational Marijuana, With Sales Aimed for 2022". The New York Times. ISSN   0362-4331 . Retrieved June 28, 2021.
  9. ↑ Craig, Tim (January 11, 2021). "Biden, once a warrior in the 'war on drugs,' may slowly retreat". The Washington Post. Retrieved July 8, 2021.
  10. ↑ Davis, Elliott (2022-11-09). "Maryland, Missouri Voters Approve Recreational Pot". U.S. News & World Report. Retrieved 2022-11-12.
  11. ↑ Berke, Jeremy (January 20, 2021). "Here's why Biden's presidency will be good for the US cannabis industry, even though it's unlikely he'll legalize marijuana federally". Business Insider . Retrieved July 8, 2021.
  12. ↑ Perel, Larry (January 22, 2021). "Bud under Biden: What will be the new president's policies on cannabis". KCRW . Retrieved July 8, 2021.
  13. ↑ Medrano, Kastalia (January 20, 2021), "The Biden Administration and Drug Policy: Expectation Versus Reality", Filter , retrieved July 8, 2021, 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.
  14. ↑ Rawnsley, Scott Bixby,Asawin Suebsaeng,Adam (2021-03-19). "Biden White House Sandbags Staffers, Sidelines Dozens for Pot Use". The Daily Beast. Retrieved 2021-10-01.{{cite news}}: CS1 maint: multiple names: authors list (link)
  15. ↑ "Same old Joe: Rebuffing staff who smoked pot fits Biden's MO". POLITICO. 19 March 2021. Retrieved 2021-10-01.
  16. ↑ Jason Hoffman, Rachel Janfaza and Homero De la Fuente (3 July 2021). "Biden on Sha'Carri Richardson: 'The rules are the rules'". CNN. Retrieved 2021-10-01.
  17. ↑ "Jen Psaki says Sha'Carri Richardson's exclusion from Olympics 'stinks,' suggests taking 'another look' at rules". KSWB. July 7, 2021. Retrieved May 3, 2024.
  18. ↑ Wadman, Meredith (May 17, 2021). "United States set to allow more facilities to produce marijuana for research". Science .
  19. ↑ Gurman, Sadie (May 14, 2021). "Marijuana Medical Research Growers Receive U.S. Approval". The Wall Street Journal . Retrieved 20 May 2021.
  20. ↑ Louis Casiano (October 6, 2022). "Biden pardoning all prior federal offenses of simple marijuana possession". Fox News.
  21. ↑ Dario Sabaghi (December 3, 2022). "Biden Signs Medical Marijuana Research Bill". Forbes.
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