In late November 2024, a coalition of Democratic lawmakers, including members of the Congressional Cannabis Caucus, urged President Joe Biden to take further executive action on federal marijuana policy before the conclusion of his term in January. Led by Senator Elizabeth Warren (D-Mass.) and Representative Barbara Lee (D-Calif.), the group sent a letter to President Biden and Vice President Kamala Harris, advocating for additional measures to mitigate the impacts of marijuana criminalization.
Lawmakers’ Concerns and Requests for Further Action
The lawmakers commended the administration’s previous efforts, including the pardoning of individuals convicted of simple marijuana possession and the initiation of the process to reschedule marijuana from a Schedule I to a Schedule III controlled substance. However, they emphasized that these steps should not mark the end of the administration’s work in this area. They called for the issuance of another round of clemency and an updated memorandum on prosecutorial discretion for marijuana offenses to further reduce the harms of marijuana criminalization.
The appeal comes in anticipation of the incoming administration under President-elect Donald Trump, who has previously taken a more stringent stance on drug policy. The Democratic lawmakers expressed concern that without decisive action, progress made on cannabis reform could be rolled back. They urged President Biden to solidify reforms to ensure lasting change in federal marijuana policy.
The Biden administration has not publicly responded to the letter as of now. The future of federal marijuana policy remains uncertain, pending any further executive actions and the policy direction of the forthcoming administration.
President-elect Donald Trump’s Current Stance
President-elect Donald Trump has recently signaled support for reclassifying marijuana to a less restrictive category under federal law, potentially aligning his position with the Biden administration’s efforts to reschedule the substance.
Additionally, Trump endorsed a Florida ballot initiative aimed at legalizing recreational marijuana, indicating a shift toward more lenient cannabis policies.
However, his stance has varied over time, and it remains uncertain how his administration will approach federal marijuana policy.
Current Legal Status of Marijuana in the United States
As of May 2024, 24 states, along with Washington D.C., Guam, and the Northern Mariana Islands, have enacted laws permitting the recreational use of marijuana. Additionally, a significant majority of states allow marijuana for medical purposes. Despite this state-level legalization, marijuana remains classified as a Schedule I substance under federal law, indicating a high potential for abuse and no accepted medical use. This federal classification creates a complex legal landscape, as state-legal marijuana activities remain illegal under federal law.
Public Opinion on Marijuana Legalization
Public support for marijuana legalization has grown substantially in recent years. A January 2024 survey by the Pew Research Center found that 88% of U.S. adults believe marijuana should be legal for medical or recreational use, with 57% supporting legalization for both purposes. Only 11% of respondents opposed legalization in any form. This widespread public approval has influenced state policies and added pressure on federal lawmakers to reconsider existing marijuana laws.
Advocacy for Clemency and Policy Reform
In addition to legislative efforts, advocacy groups have called on President Biden to grant clemency to individuals incarcerated for marijuana-related offenses. Organizations like the Last Prisoner Project emphasize the importance of addressing the lasting impacts of marijuana criminalization, particularly on marginalized communities disproportionately affected by stringent drug laws. These advocates argue that comprehensive reform should include both policy changes and remedial actions for those harmed by past enforcement.
Potential Actions by the Biden Administration
The Democratic lawmakers’ letter suggests specific actions for the administration, including:
- Issuing a Memorandum on Prosecutorial Discretion: Directing federal prosecutors to deprioritize the prosecution of individuals and businesses complying with state marijuana laws.
- Granting Additional Clemency: Providing pardons or commutations to individuals serving sentences for non-violent marijuana offenses.
- Advancing Rescheduling Efforts: Ensuring the timely rescheduling of marijuana to reflect its medical uses and lower potential for abuse.
These proposed actions aim to align federal policies with evolving public attitudes and state laws regarding marijuana use.
Conclusion
The push from Democratic lawmakers reflects a broader movement toward reevaluating federal marijuana policies in the United States. With significant public support for legalization and a patchwork of state laws permitting medical and recreational use, the federal stance remains a critical factor in the future of marijuana regulation. The Biden administration’s response to these calls for action will play a pivotal role in shaping the nation’s approach to marijuana policy in the coming years.
