Cannabis Legalisation in USA

President of the United States recently detailed his strategy to pardon those who have been federally charged with simple cannabis possession. But that’s not all he mentioned. Biden also said that he would consider rescheduling cannabis, which could make access and research easier. However, it is unknown if he will go as far as legalizing cannabis altogether.

On October 6th, 2022, during his statement on marijuana reform, President Joe Biden said,”Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.” Despite having an approval rating of only 40%, Biden has introduced a plan that will definitely garner support from the two-thirds majority of Americans who are in favor of legalizing cannabis.

But huge cannabis law reform isn’t the only thing this announcement entails. In his speech, Biden also stated that “Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit”. These words signify a change in how we treat non-violent drug offenders, one that would see less citizens behind bars for something as small as possession of marijuana. Biden’s comment that “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities” seems like he is trying to gets rid of all of the social judgement around cannabis.

Although politicians often make lofty promises before elections, it’s important to remember that these are usually just words. So, how might the proposed cannabis reforms in the United States actually change things? Below, we’ll go over all of the possible positive changes you can expect to see, as well as areas that will likely stay exactly as they are now.

Does Biden’s Plan Mean Cannabis Is Federally Legal?

President Biden’s proposed marijuana reform will not legalize or decriminalize cannabis use, as he made clear in his announcement. The president stated that “important limitations on trafficking, marketing, and underage sales should stay in place.” This stance is unsurprising given that during the 2020 election campaign season, Biden was the only Democratic candidate who refused to support federal de-scheduling of cannabis.

In addition, as the president, Biden can only pardon federal crimes—offences that go against federal laws. Suspects are looked into by federal agencies, for example the FBI and DEA,. They then appear in front of a federal court and judges, where they have a much higher chance of being convicted. Out of all offenders charged with cannabis-related violations, Biden has decided to pardon those guilty of “simple cannabis possession”. Any person facing prosecution for growing, supplying, or other offences won’t receive absolution from previous crimes as of now. Nonetheless, let’s explore what Biden plans to do in the close futureKeep in mind that this doesn’t include any current prisoners serving time grow supply or distribute will not be receiving a presidential pardon today.

Step One: Pardon Some Federal Offences

Biden plans on starting with addressing issues within his own federal jurisdiction by pardoning charges of simple cannabis possession. This would 6,500 individuals and while no one is currently serving time in a federal prison on these grounds, pardoning these people will help to remove barriers to entry into employment and return voting rights. However, a pardon will only go so far as it merely forgives the crime but doesn’t make an individual innocent or clean up their criminal record.

Step Two: Urge States to Pardon Some Offences

Urging states to follow his lead, President Biden’s statement establishes that it is within the state officials’ power to choose whether they want to down the same path. In the US, federal law grants all citizens certain rights which are then added upon by state laws in unique ways. There have been many states who have legalized both medical and recreational cannabis already with their politicians outperforming Biden; Governor Pritzker of Illinois cleared nearly 500 thousand cannabis arrest records last year alone. Biden’s decision will only help a few thousand people on a federal level, but if all states followed his example, millions would be positively impacted. Although cannabis possession is still technically illegal in several states, Biden’s recent change sets a precedent that other lawmakers should follow suit soon–for the good of their constituents.

Step Three: Federally Reschedule Marijuana

One of the most intriguing aspects of Biden’s statement is the federal rescheduling of marijuana. The President said: “I am asking the Secretary of Health and Human Services and the Attorney General to begin the administrative process to review how marijuana is scheduled under federal law.” At present, cannabis is classified as a Schedule I substance by DEA, which puts it in same category as LSD, heroin, and ecstasy. Substances placed in this category are deemed to have no currently accepted medical use and a high potential for abuse. This definition does not come into conflict with state laws that allow the medical prescription of cannabis for a range of health conditions.

A lower tier classification for cannabis in the Controlled Substances Act would greatly reduce restrictions currently in place. Reclassifying to Schedule II would place it among drugs with some accepted medical value, such as certain painkillers. If Schedule V is chosen, it shares the same minimal restrictions as cough syrups that contain small amounts of codeine.If cannabis were to be moved below Schedule I, it would have a domino effect of positive outcomes throughout the research community. There are many ongoing studies that explore the potential healing capabilities of cannabis for diseases like cancer, epilepsy, and neurodegenerative conditions. Rescheduling would enable researchers to easily access the plant and study its metabolites in detail.

Where Does Biden’s Plan Fall Short?

While Biden’s news is a step in the right direction, it falls short of true legalization. Far from what many have been pushing for, the president instead pardoned several thousand people with minor offences.

His authority doesn’t always extend to state law, so what he says might not affect anything outside of his own jurisdiction. If cannabis gets rescheduled, it could cause big changes in America, but we’ll have to wait and see how the Biden administration handles it.

How Did the Previous Presidency Affect Federal Cannabis Legalization?

Unlike Donald Trump, Biden believes in keeping cannabis a state issue and has even proposed decriminalizing it on a federal level. In 2018, President Trump finally legalized hemp under the Farm Bill. This was a huge step, as up until this point in time, there had been no distinction between hemp and cannabis containing significant levels of THC—the primary psychoactive compound found in cannabis.