Biden Promised to Decriminalize Marijuana. He Shouldn’t Wait for Congress.
Biden is under pressure to fulfill a campaign promise to decriminalize marijuana and expunge convictions.
truthout.org
President Joe Biden can direct federal law enforcement to refrain from prosecuting marijuana charges and issue a blanket pardon to thousands of people already convicted, according to a new
report from the Congressional Research Service.
Biden can’t wave a magic wand and legalize marijuana, but the report lays out pathways for the Biden administration to change the federal “scheduling” of cannabis as a prohibited substance under the Controlled Substances Act (CSA), the law that governs federal drug regulation and undergirds many state laws.
Does the President Have the Power to Legalize Marijuana
The legal status of marijuana has been a topic of recurring interest in recent years, as states, federal
legislators, and federal executive agencies consider how to regulate cannabis and its derivatives. What
role can the President play in determining the legal status of a controlled substance such as marijuana?
That question came to the forefront during the 2020 Democratic presidential primary, with multiple
candidates supporting legalization of marijuana and several pledging to legalize the substance nationwide
if elected, either indirectly through administrative proceedings or directly by executive order. More
recently, some commentators have called on President Biden to end criminal penalties for marijuana
possession and use or grant clemency to federal marijuana offenders. Although the President cannot
directly remove marijuana from control under federal controlled substances law, he might order executive
agencies to consider either altering the scheduling of marijuana or changing their enforcement approach.