Progressive legislators are calling for President Biden, before the end of his term in January, to take additional measures on federal marijuana laws.
In a letter to Biden and Vice-President Harris, Democratic Reps. Barbara Lee and Earl Blumenauer of Oregon and Ilhan Omar (D-Minn.) and Sens. Elizabeth Warren (Mass. ) Ron Wyden (Oregon), and Elizabeth Warren (Mass.) both urged the administration to change marijuana’s classification from Schedule I to Schedule III.
This move would reclassify marijuana as a less harmful drug with some potential medical benefits.
The lawmakers stated that, although the rescheduling was a step forward, it would not “end federal criminalization or resolve its harms” nor would it “meaningfully address the gap between state and federal cannabis policy.”
The letter states, “Possession of and use of recreational marijuana – and a large amount of medical marijuana which is legal in many states – will continue to violate federal law.”
Biden pardoned people who were convicted of simple marijuana possession, simple marijuana possession attempted, and marijuana use under federal law in 2022 and 2023.
“Sending people into prison for marijuana possession has destroyed too many lives. It has incarcerated individuals for conduct that is no longer prohibited by many states.” “Criminal records for marijuana possession also create unnecessary barriers to employment and housing as well as educational opportunities,” Biden stated after his wave of 2022 pardons.
The letter highlights that Biden’s pardons resulted in few people being released from federal prisons for these crimes.
The letter states that 3,000 people are still incarcerated for marijuana-related crimes in federal prisons.
President Biden should grant clemency to those convicted of cannabis-related crimes, including a second round of pardons or commutations that reduce sentences or terminate terms. The President should also urge state governors again to decriminalize low-level marijuana conduct and expand marijuana clemency.
The letter calls on the Department of Justice, as well, to update its “Cole Memo”, which was issued during the Obama administration. This would allow the Department to give less priority to prosecutions of marijuana offenders who have received federal pardons and/or comply with state or tribal law.
The letter comes after President-elect Trump nominated people to his Cabinet who hold a less positive view of cannabis.
Trump may be open to cannabis legislation. He has granted clemency and wrote recently on Truth Social, “It is time to stop needless arrests and imprisonment of adults for small quantities of marijuana for personal consumption.” Trump also stated that he will “continue to work on research to unlock the medical benefits of marijuana as a Schedule 3 substance and work with Congress on passing common sense laws.”
Marty Makary is Trump’s nominee to the Food and Drug Administration. He previously called marijuana “a gateway drug” and implied that it could lead to cognitive decline.
Pam Bondi, the former Florida Attorney-General, has had a mixed record when it comes to marijuana, even though she voted against the legalization of cannabis in Florida. Bondi is Trump’s nominee for U.S. Attorney General.
The lawmakers wrote that “rescheduling cannabis and the previous round of pardons cannot be the end to this Administration’s work in using its executive authority to undo the damage caused by federal marijuana policy.”
“As part of our efforts to pass legislation that will end the federal criminalization of marijuana and regulate it responsibly, equitably, and fairly, we urge immediate administrative action to address the harms caused by criminalization – especially for the benefit of communities most affected by the War on Drugs.”