White House Announces Federal Marijuana Reform Initiatives, Next Steps in Scheduling
Biden Administration Announces Federal Marijuana Reform Initiatives, Next Steps in Scheduling
In an executive action issued last week, President Joseph Biden announced presidential pardons for all prior offenses of simple possession of marijuana under federal law.
Senior administration officials stated in a briefing session that citizens and lawful permanent residents will be eligible for pardons through a process to be developed by the Justice Department. Officials reported that more than 6,500 people were convicted of simple possession under federal law between 1992 and 2021, and thousands through the District of Columbia (D.C.). D.C. residents charged with simple marijuana possession are also eligible for pardon under federal law.
The President further urged all Governors to issue a similar pardon concerning state offenses. A total of 19 states have legalized recreational marijuana use, while 38 have legalized medical marijuana use.
In his remarks, President Biden also directed the Department of Health and Human Services (HHS) and the Attorney General to expedite a review of whether marijuana should remain on Schedule I of the Controlled Substances Act (CSA) [P.L. 91-513].
The Food and Drug Administration (FDA) will conduct an assessment considering eight factors:
1. Its actual or relative potential for abuse;
2. Scientific evidence of its pharmacological effect, if known;
3. The state of current scientific knowledge regarding the drug or other substance;
4. Its history and current pattern of abuse;
5. The scope, duration, and significance of abuse;
6. What, if any, risk there is to the public health;
7. Its psychic or physiological dependence liability; and,
8. Whether the substance is an immediate precursor of a substance already controlled.
The FDA will make a recommendation to the Drug Enforcement Administration (DEA) following the review. At present, marijuana is classified as a Schedule I drug, which the DEA has defined as, “drugs with no currently accepted medical use and a high potential for abuse.” However, after considering the FDA's scientific and medical analysis, the DEA will determine if marijuana should be decontrolled–removed from the CSA entirely–or rescheduled to Schedule II or Schedule III.
In a statement following the President’s announcement, Justice’s Director of Public Affairs Anthony D. Coley stated the department would “ expeditiously administer the President’s proclamation” to restore “political, civil, and other rights to those convicted of that offense.”
The Law Enforcement Action Partnership (LEAP)–a nonprofit nonpartisan group of law enforcement and criminal justice professionals who support evidence-based public safety policies–applauded the Biden Administration’s actions, noting that the pardon would have lasting impacts on thousands.
“This is amazing news, not only to those whose lives have been adversely affected by our outdated and cruel drug policies, but also to those of us on the front lines of this movement advocating for reform,” stated LEAP's Executive Director Lt. Diane Goldtein (Ret.). “By calling for the federal government to reschedule cannabis, the administration will do for federal law what states across the country have already demonstrated...sensible regulation allows law enforcement to focus our resources on solving the crimes that impact our communities most.”
Long-time opponent of marijuana legalization Kevin Sabet, President of Smart Approaches to Marijuana (SAM) and former White House Advisor on Drug Control Policy, offered that the President's pardon could serve as a model for politicians and members of the public who oppose decriminalizing marijuana but believe that users should not face a prison sentence.