Biden’s Commutations and Pardons for Drug War Victims are a Historic Step, But More is Needed, Says DPA
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To decriminalize marijuana it must be descheduled. Rescheduling is not enough.
Federal Marijuana Rescheduling Public Comment Period Ends, Fight for Decriminalization Continues
The Biden Administration’s Department of Justice (DOJ) recently proposed moving marijuana from Schedule I to Schedule III. The DOJ’s proposed rule would continue marijuana criminalization under federal law — and would not fulfill President Biden’s 2020 campaign promises to decriminalize marijuana use and expunge related records.
In response to the proposed rule’s public comment period which ended on July 22, 2024, the Drug Policy Alliance and United for Marijuana Decriminalization launched an online tool to help members of the public to submit public comment in support of marijuana decriminalization and tell the Biden Administration that ‘rescheduling is not enough’.
During the public comment period, over 40,000 public comments were submitted — demonstrating an overwhelming public interest in federal marijuana reform. Our analysis of these comments show that approximately 70 percent of these comments supported decriminalization and legalization, with over a third of all comments mentioning the need for marijuana reform to advance social equity and racial justice.
The limitations of rescheduling marijuana, coupled with public demand for broader reformers necessitate further action by both the Biden Administration and Congress. Follow the Drug Policy Alliance to learn more about how you can join our efforts to push the Biden Administration and other federal leaders to take additional action on federal marijuana reform.
End the Federal Criminalization of Marijuana for All.
Seventy percent of adults believe that marijuana should be legal.
Source: Gallup pollTwenty-four states and D.C. have legalized marijuana for adult use.
Source: National Conference of State LegislaturesIn 2021, over 80% of people sentenced for federal marijuana charges were Black & Latinx.
Source: ACLU
Rescheduling Is Not a Policy Solution.
President Biden rightly called marijuana criminalization a failure. However, rescheduling marijuana would continue this failure. As long as it remains under the CSA, people could be threatened by federal criminal penalties.
What Is The Controlled Substances Act and Why Must Marijuana Be Removed From It?
The CSA regulates certain drugs under existing federal law into one of five schedules. As a result of its placement in any schedule of the CSA, marijuana is criminalized. Currently, marijuana is a “Schedule 1” drug. This means that the U.S. government has labeled marijuana as a drug with a high abuse risk. They claim it has no safe, accepted medical use. We know from research and anecdotal experience that people find many benefits to using marijuana, with tens of thousands of physicians recommending medical marijuana therapy to millions of patients enrolled in state medical use programs.
Moving marijuana to a less harsh schedule, such as Schedule III, under the CSA would officially acknowledge the medical benefits of marijuana. However, medical and adult use in legal states would still be illegal under federal law. There would still be penalties for personal use and selling marijuana with or without a license. This includes mandatory minimum sentences, including for repeat personal use violations. Noncitizens could still be deported simply for working in the marijuana industry, even in legal states. People could still be denied assistance for housing and food if they have a previous conviction.
Congress and President Biden have a responsibility to end federal marijuana criminalization and its harms.
President Biden recognizes that criminalizing marijuana has harmed lives, especially in Black and brown communities. But moving marijuana to Schedule III continues criminalization and this action alone cannot undo the damage caused by decades of federal prohibition.
President Biden must not consider his work on federal marijuana reform done. He has an opportunity and responsibility to take meaningful action to end federal marijuana criminalization and its harms now. He should utilize the full extent of his executive authority do so, for example should immediately:
- release individuals incarcerated for marijuana offenses, issue broader pardons and give back benefits to people and communities who lost them as a result of a marijuana conviction;
- call on the Department of Justice to issue new guidance to deprioritize federal marijuana enforcement to reduce the number of prosecutions; and
- call on Congress to pass federal marijuana legislation that would decriminalize marijuana(completely remove it from the CSA), expunge records and establish programs to repair the harms marijuana criminalization has caused, particularly in Black and brown communities that have suffered the most from racially discriminatory enforcement.
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