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Biden’s Marijuana Reform: Is He Crazy?
On October 6, 2022, President Joe Biden announced a historic move to reform the federal marijuana policy.
He granted a pardon to all people convicted of simple possession of marijuana under federal law, urged governors to do the same for state offenses, and asked the health and justice departments to review how marijuana is classified under federal law1.
This is the most extensive White House action taken to date on U.S. drug policy, and it has significant implications for millions of Americans who use, possess, or sell marijuana.
Why did Biden pardon marijuana offenses?
Biden said in his statement that he took this action because “no one should be in jail just for using or possessing marijuana”1.
No one. pic.twitter.com/K654q018Mq
— Joe Biden (@JoeBiden) March 8, 2024
He argued that sending people to prison for possessing marijuana has upended too many lives and imposed needless barriers to employment, housing, and educational opportunities.
He also pointed out that while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates1.
According to the Pew Research Center, 88% of U.S. adults said in an October 2022 survey that the drug should be legal, either for recreational and medical use (59%) or for medical use only (30%)2.
However, marijuana is still illegal under federal law, and it is classified as a Schedule I drug, the same category as heroin and LSD, which means it is considered to have no accepted medical use and a high potential for abuse3.
Biden’s pardon does not legalize marijuana at the federal level, but it does remove the criminal records of thousands of people who have prior federal convictions for marijuana possession, which may affect their access to various benefits and opportunities.
However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons, as no federal inmates were incarcerated for simple marijuana use at the time4.
What are the state laws on marijuana?
Biden also urged all governors to pardon state offenses of simple possession of marijuana, saying that “no one should be in a local jail or state prison for that reason, either”1.
However, he did not have the authority to mandate such action, and it is unclear how many governors will follow his recommendation.
Currently, state laws on marijuana vary widely across the country. As of February 2024, 24 states (plus the District of Columbia) have legalized the recreational use of marijuana, and another 14 states allow the drug for medical use only.
The remaining 12 states have legalized limited access to cannabis products that contain little to no THC, the main psychoactive substance in marijuana, such as CBD oil5.
And 27 states across all levels of legalization have decriminalized recreational marijuana use, meaning that they have reduced or eliminated the criminal penalties for possessing small amounts of the drug5.
The table below shows the current status of marijuana legalization in each state, as well as the number of dispensaries (businesses that sell cannabis products) and the tax revenue generated from marijuana sales in 2023.
| State | Legal Status | Dispensaries | Tax Revenue |
|---|---|---|---|
| Alabama | Limited access | 0 | $0 |
| Alaska | Recreational and medical | 133 | $29.8 million |
| Arizona | Recreational and medical | 131 | $230.4 million |
| Arkansas | Medical only | 38 | $28.7 million |
| California | Recreational and medical | 3,659 | $1.03 billion |
| Colorado | Recreational and medical | 1,012 | $387.4 million |
| Connecticut | Recreational and medical | 18 | N/A |
| Delaware | Medical only | 6 | $0 |
| District of Columbia | Recreational and medical | 7 | $0 |
| Florida | Medical only | 355 | $0 |
| Georgia | Limited access | 0 | $0 |
| Hawaii | Medical only | 16 | $0 |
| Idaho | Illegal | 0 | $0 |
| Illinois | Recreational and medical | 110 | $494.1 million |
| Indiana | Illegal | 0 | $0 |
| Iowa | Limited access | 5 | $0 |
| Kansas | Illegal | 0 | $0 |
| Kentucky | Illegal | 0 | $0 |
| Louisiana | Medical only | 9 | $0 |
| Maine | Recreational and medical | 43 | $22.2 million |
| Maryland | Medical only | 102 | $0 |
| Massachusetts | Recreational and medical | 140 | $394.7 million |
| Michigan | Recreational and medical | 509 | $341.7 million |
| Minnesota | Medical only | 8 | $0 |
| Mississippi | Medical only | 0 | N/A |
| Missouri | Medical only | 192 | $0 |
| Montana | Recreational and medical | 355 | N/A |
| Nebraska | Illegal | 0 | $0 |
| Nevada | Recreational and medical | 80 | $172.7 million |
| New Hampshire | Medical only | 5 | $0 |
| New Jersey | Recreational and medical | 22 | N/A |
| New Mexico | Recreational and medical | 101 | N/A |
| New York | Recreational and medical | 40 | N/A |
| North Carolina | Illegal | 0 | $0 |
| North Dakota | Medical only | 8 | $0 |
| Ohio | Medical only | 58 | $0 |
| Oklahoma | Medical only | 2,168 | $0 |
| Oregon | Recreational and medical | 660 | $133 million |
| Pennsylvania | Medical only | 123 | $0 |
| Rhode Island | Medical only | 3 | $0 |
| South Carolina | Limited access | 0 | $0 |
| South Dakota | Recreational and medical | 0 | N/A |
| Tennessee | Illegal | 0 | $0 |
| Texas | Limited access | 3 | $0 |
| Utah | Medical only | 14 | $0 |
| Vermont | Recreational and medical | 5 | $0 |
| Virginia | Recreational and medical | 4 | N/A |
| Washington | Recreational and medical | 556 | $469.2 million |
| West Virginia | Medical only | 0 | $0 |
| Wisconsin | Illegal | 0 | $0 |
| Wyoming | Illegal | 0 | $0 |
What is the future of marijuana policy?
Biden also asked the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review how marijuana is scheduled under federal law.
He said that federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances, and that this is higher than the classification of fentanyl and methamphetamine, the drugs that are driving the overdose epidemic1.
Biden’s request could pave the way for rescheduling or descheduling marijuana, which would have major implications for the legal status, regulation, and research of the drug.
Rescheduling marijuana would mean moving it to a lower schedule, such as Schedule II, which would acknowledge its potential medical value and allow for more scientific studies.
Descheduling marijuana would mean removing it from the Controlled Substances Act altogether, which would effectively legalize it at the federal level and leave it to the states to regulate it6.
However, the process of rescheduling or descheduling marijuana is not simple or quick. It involves multiple agencies, such as the Food and Drug Administration, the Drug Enforcement Administration, and the Department of Justice, and it requires extensive scientific and legal reviews.
It also faces political and legal challenges, as some lawmakers and interest groups may oppose any changes to the federal marijuana policy6.
Biden’s marijuana reform is a significant step toward ending the federal prohibition of the drug, but it is not the final word.
The future of marijuana policy in the U.S. depends on many factors, such as public opinion, state laws, scientific evidence, and congressional action.
As the debate continues, millions of Americans will be watching and waiting to see how it affects their lives.
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