Biden’s Pardons Shed Light on Current Marijuana Laws

President Joe Biden has announced plans to offer pardons to thousands of individuals convicted of marijuana use and possession in Washington D.C. and on federal land. This move aligns with his ongoing efforts to reform the criminal justice system and marijuana laws. Additionally, Biden will grant clemency to 11 individuals serving lengthy sentences for nonviolent drug offenses, ensuring they receive significantly reduced sentences if convicted today. However, the Associated Press clarifies that no federal prisoners will be released as a result of this action.

In a statement released by the White House, Biden emphasized that criminal records related to marijuana use and possession have created unnecessary obstacles to employment, housing, and education. He expressed a desire to correct the injustices caused by outdated marijuana policies, stating, “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”

While marijuana remains illegal at the federal level, each of the 50 states and Washington D.C. has implemented varying laws regarding medical and recreational use. This disparity has created a complex legal landscape across the United States. According to the National Conference of State Legislatures, 38 states and D.C. have comprehensive medical marijuana programs, while 24 states and D.C. have legalized adult recreational use.

Although Kentucky recently passed a law legalizing medical marijuana, it will not take effect until 2025. However, the governor has already signed an executive order allowing individuals with 21 different medical conditions to possess medical cannabis legally purchased in other states.

At the federal level, cannabis remains classified as a Schedule I substance under the Controlled Substances Act. Biden has acknowledged that this classification places marijuana in a more dangerous category than the opioid fentanyl, which contributed to a drug overdose epidemic claiming the lives of over 100,000 Americans in 2022.

Last year, Biden initiated a similar round of clemencies and instructed the Secretary of Health and Human Services and the Attorney General to begin the administrative process of reviewing marijuana’s scheduling. In August, health officials recommended to the Drug Enforcement Administration that marijuana be reclassified as a less dangerous Schedule III drug. This potential reclassification could pave the way for broader legalization.

While federal lawmakers have yet to reach a consensus on marijuana policy, Congress did pass a law in the previous year to facilitate research on marijuana for medical purposes.

In October, a Republican House Representative reintroduced a bill with bipartisan support to federally legalize marijuana, having initially proposed the legislation in 2021. Additionally, a Democrat-led bill to decriminalize marijuana passed in the House but failed to advance in the Senate.

According to a Pew Research Center poll conducted last year, 59% of Americans believe marijuana should be legal for both medical and recreational use by adults. This data highlights the growing acceptance and support for marijuana legalization across the country.