According to the text of the prepared speech, the president of the United States is using part of the State of the Union Address to promote marijuana reform. He will highlight the mass pardons that he has issued, his belief that no one should be imprisoned for possession, and the review of cannabis’s schedule status that he began.
The text indicates that in his final SOTU before his re-election campaign this year, Joe Biden’s will mention his decision “to direct my Cabinet to review federal classification of marijuana,” according to the text.
Biden’s move to “expunge thousands of convictions for simple possession” will be a reference to his proclamation that he has pardoned all cannabis offenses.
The president has regularly promoted the thousands pardons that he has granted in various speeches. But bringing up during the annual prime-time event is of much greater importance.
As Biden is known for, his remarks exaggerate the impact of pardons . The criminal records weren’t expunged, but were instead symbolically forgiven.
pardons granted for simple possession have not released anyone from federal prison, as many advocates have pointed out. Many others are still incarcerated due to non-violent marijuana crimes that were not covered by the clemency.
The president will highlight this action in front of all of America on Thursday. This is important politically, particularly ahead of the election in November. The White House is recognizing the popularity of cannabis legislation at this critical time.
According to a recent survey, Biden’s cannabis initiatives are popular with voters and will benefit him in November. The survey showed that after the public was made aware of the possibility cannabis could be rescheduled as a result of Biden’s review, the president had a spike in favorability.
After the review, U.S. Department of Health and Human Services advised the Drug Enforcement Administration to move cannabis to Schedule III of Controlled Substances Act.
Equity-focused advocates, however, have emphasized that this would not be a legalization of marijuana nor would it address the decades’ worth of harm caused by prohibition. The IRS code 280E would allow cannabis states to claim federal tax deductions.
It remains to be seen if DEA will accept the HHS’s recommendation. While many people expect that an announcement will be made before the elections, the timeline for this is not certain.
The Biden administration was recently pressed to reschedule marijuana by two coalitions representing military veterans and law enforcement–including a group that counts Drug Enforcement Administration (DEA) Administrator Anne Milgram among its members.
Last month, Rep. Barbara Lee, co-chairwoman of the Congressional Cannabis Caucus and member of the House of Representatives, said that clemency “should be extended all the way” to address any unintended consequences or intentional consequences of the drug war.
Ed Perlmutter, former Colorado Democratic Representative, however, told Marijuana Moment that he was “very satisfied” with Biden’s clemency measures. He argued that the president had “taken some pretty bold steps, in my opinion.”
The U.S. Army clarified recently in a branch notice that marijuana possession offenses under the military drug codes were not eligible for the president’s pardons. Sen. John Fetterman , a Democrat from Pennsylvania, called it “a mistake” to exclude the military from relief.
The office of Vice President Kamala Harris has reached out separately to those who have received pardons for marijuana possession, seeking assurance that the Justice Department’s certification process is proceeding smoothly. They also engaged in broader conversations about cannabis policy reform.
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