Friday, one year ago, President Joe Biden granted a pardon to all marijuana users and ordered an administrative review. It’s time for more action, say lawmakers and advocates.
On this first anniversary, reformers are pointing out that, while there’s a broad consensus that the president took a positive action last year, it was just that: a small step. It wasn’t the end of federal government’s fight against cannabis.
Marijuana Moment reported that Rep. Earl Blumenauer, co-chairman of the Congressional Cannabis Caucus (D-OR), must send a clearer signal to President Biden about his understanding and support for full legalization.
“His pardons were an important first step, but we need to do more.” This includes reissuing the Cole Memo and working with Congress to rationalize federal cannabis laws.
Biden’s pardon affected thousands of people who committed federal cannabis possession crimes, but advocates were quick point out that the relief was limited. The pardon did not cover entire classes of people, including immigrants and those accused of selling marijuana. It did not free anyone from federal prison, nor prevent any future possession prosecutions following the pardon declaration.
“One year ago, the President officially acknowledged that the federal approach to cannabis was antiquated,” Rep. Dave Joyce, R-OH, another co-chairman of the Cannabis Caucus told Marijuana Moment. “While I applauded the president’s cannabis expungement efforts and rescheduling, I have seen little progress and application over the past year.”
“That is why I am laser focused on bipartisan cannabis laws in Congress”, such as bills that incentivize state level marijuana expungements and prepare the federal government to legalization. He also sponsors bills that protect banks who work with state-legal businesses.
Joyce said that the measures would “force the administration to act on their words” and provide immediate relief to people who suffer from an unjust federal ban.
Biden, over the past year, has repeatedly praised the cannabis pardons. He has used this action to attract younger voters, and to fulfill his campaign promises to benefit Blacks and Browns. He has also misrepresented the extent of the relief by stating that some people have been released from prison or had their records expunged.
The pardon is a formal forgiveness of the possession charge, but it does not affect a person’s criminal record. The Justice Department began issuing pardon certificates but these are primarily symbolic documents.
The limited clemency also falls short of Biden’s campaign promise to decriminalize federally marijuana and legalize medicinal cannabis.
We demand more pardons to those who are facing marijuana charges. Make your voice heard by joining @TheBOWLPAC! https://t.co/tumCdJYGHo
— BOWLPAC (@TheBOWLPAC October 5, 2020
“President Biden’s repeatedly acknowledged that marijuana criminalization was harmful and responsible for racial differences,” Cat Packer said to Marijuana Moment. She is vice chair of Cannabis Regulators of Color Coalition and director of Drug Markets and Legal Regulation at the Drug Policy Alliance.
She said: “At this point, the question is whether this is just a talk point or if he is willing to use his full authority to end criminalization and address racial inequalities as well as advance marijuana reforms that promote equity — steps that we know will not be achieved through the administrative process and moving marijuana into Schedule III.”
According to the directive of the President, the U.S. Department of Health and Human Services spent 11 months reviewing cannabis science and came to the conclusion that it was time for it be moved from Schedule I into Schedule III of Controlled Substances Act. The Drug Enforcement Administration is implementing this recommendation by conducting its own review and making a final decision.
As Packer pointed out, placing cannabis on Schedule III has some positive effects, such as the removal of a federal tax barrier for cannabis known as 280E, but it does not legalize marijuana nor achieve the equity goals that reform advocates have long sought.
She said: “We must end criminalization of marijuana by removing it from the Controlled Substances Act, and create a modern framework which promotes equity and public safety.” Both President Biden, and Congress, have the opportunity and responsibility to implement these urgently needed and long overdue reforms.
Packer was among several experts and advocates who participated in a Thursday webinar that laid out the “three-part road map” for next steps by the president.
Shaleen title, CEO and founder of Parabola Center, will present the first part. This is an updated Justice Department guideline on deprioritizing enforcement against marijuana-related businesses and individuals, reducing cannabis sentences, and ending deportation practices.
President Biden has shown himself to be a leader who is committed to workers and to standing up against Big Pharma. Title stated that Title hoped to work with the administration of President Biden to achieve his goals for justice and equity.
You can take small steps in the right direction right now — away from criminalization and a monopoly of big pharma, and towards a regulatory framework that protects us all.
Join us at 3pm ET tomorrow 10/5 to learn more: https://t.co/cj2m20Zmuw pic.twitter.com/RRV6h3KE4g
The Parabola Center October 4, 2020
Maritza Perez-Medina, Director of the Office of Federal Affairs, DPA, described Biden’s second request, that he “expand the pardons and the commutations to include both civilian and military offences, and address collateral consequences, by restoring benefits to those with previous convictions,” and also called on the states “to do so.”
Natacha Andrews is the founder and director of National Association of Black Cannabis Lawyers. She says that the president should explicitly express his support for federal cannabis legalization in order to spur Congress into action.
“While President Biden has taken some well publicized steps to mitigate the devastating effects of cannabis prohibition–including last year’s pardon announcement–it’s time for our industry and advocacy movement to unite around the need to ensure that no person should be serving time for a plant and encourage the president to use the full power of the presidency to end the devastating effects of prohibition on communities of color until Congress finally acts to fully deschedule,” Kaliko Castille, president of the Minority Cannabis Business Association (MCBA), told Marijuana Moment.
Castille said that we should not understate the importance of the federal pardons and a possible rescheduling. We shouldn’t lose sight of the goal.
He said, “Our work will not be done (and the President’s promise to criminalize) until no one in this country serves time for having or distributing plants that are objectively safer than many unscheduled drugs like alcohol or tobacco.”
The Last Prisoner Project, or LPP, is also urging Biden to continue his work in changing federal marijuana laws. They note that thousands of people are still incarcerated for cannabis. The advocacy group released on Thursday a report to mark the anniversary of the pardon. It outlined deficiencies in state reforms, such as those relating to resentencing or record sealing.
In a press statement, it stated that “as we celebrate the one-year anniversary President Biden’s proclamation of cannabis, Last Prisoner Project affirms its commitment to the pursuit justice, equity and compassion.” “We are committed to dismantling harmful legacy of War on Drugs, and making sure that those who were affected by prohibition of cannabis are not forgotten.”
To mark the one-year anniversary of @potus’s cannabis proclamation we urge further action by releasing our landmark State of Cannabis Justice Report.
https://t.co/zTiBOMR0DZ pic.twitter.com/pUWrFKw6Su
— Last Prisoner Project (@lastprisonerprj) October 5, 2023
Although the Senate Banking Committee passed a bill to protect financial institutions who work with the marijuana sector last month, and Majority Leader Chuck Schumer has promised to include legislation on cannabis expunctions and gun rights for marijuana users–its passage is not guaranteed. Therefore, advocates put the onus on Biden in order to ensure that the action isn’t limited to limited pardons or scheduling review.
The House also re-filed a Democratic bill to legalize marijuana comprehensively last month. However, given the GOP’s control of the chamber — — and the current leadership crisis following the removal of Rep. Kevin McCarthy, R-CA, as speaker, it is not expected to move forward this session.
Justin Strekal is the founder of BOWL PAC. He told Marijuana Moment that “taking further action to deescalate prohibition of marijuana” was one of the best options still available to the Biden Administration to contrast the dysfunction in Congress and convince voters that he could accomplish the things that a majority of Americans wanted done.
Disclosure: Strekal is a supporter of Marijuana Moment through a pledge per month on Patreon.
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The post Lawmakers and Advocates Push Biden for More Marijuana action on One-Year Anniversary of Mass Pardons and Scheduling Review first appeared on Marijuana Moment.
