Biden recommends loosening federal restrictions on marijuana

 

Since the Nixon administration, marijuana has been classified in federal law in the same category as LSD and heroin — drugs categorized as having a high propensity for addiction and no known medical value. In October 2022, as more and more states have moved to legalize cannabis, Biden issued an executive order directing the Department of Health and Human Services to conduct a review of all available cannabis science and recommend whether the classification of marijuana should be changed.

It is a significant move reflecting the evolving perspectives on cannabis. President Joe Biden recently recommended loosening federal restrictions on marijuana. This proposal marks a pivotal step towards reforming national drug policies that have long been a point of contention in American politics.

However, this federal stance stands in stark contrast to the laws of many states. As of 2023, 23 states and the District of Columbia have legalized recreational marijuana, while 38 states allow its medical use.

President Biden's recommendation involves reclassifying marijuana to a lower schedule, potentially Schedule III or IV. This reclassification would acknowledge the medical benefits of cannabis and significantly reduce the barriers to research. Moreover, it would likely ease the federal penalties associated with marijuana-related offenses, which have disproportionately impacted minority communities.

In his statement, Biden emphasized the need for evidence-based policies that reflect the current understanding of marijuana's effects. He underscored the importance of criminal justice reform, noting that the harsh penalties for marijuana offenses have led to overcrowded prisons and systemic racial inequalities.

HHS issued its recommendation in August 2023 that marijuana should be moved from the most prohibitive level on the Controlled Substances Act (Schedule I) to a middle category (Schedule III). Schedule III drugs — which include ketamine and testosterone — have “moderate to low potential for physical and psychological dependence.” It’s now up to the Drug Enforcement Administration to make a final determination about the proper classification of cannabis, with a decision expected sometime in 2024.

The change follows a decade of seismic changes in cannabis policies across the country, with 24 states legalizing possession for adults — representing more than half of the U.S. population — and 38 states establishing medical marijuana programs.

A move to Schedule III would be the biggest change in U.S. drug policy in more than half a century. It would make marijuana much easier for researchers to study — which could give politicians and regulators a better idea of how best to write laws concerning cannabis. It would also lift arduous tax burdens on the cannabis industry that apply only to the more severe Schedule I and II drug categories. If that tax burden is lifted, there is a strong possibility the struggling weed industry suddenly would see its financial prospects brighten. Changing the classification of cannabis, however, would not have any impact on federal illegality.

Reclassifying marijuana could be transformative for medical research. Under the current Schedule I classification, researchers face stringent regulations that complicate the study of marijuana’s therapeutic potential. Moving marijuana to a lower schedule would facilitate more extensive and robust scientific investigations, potentially unlocking new treatments for conditions like chronic pain, epilepsy, and PTSD.

Economically, loosening federal restrictions could boost the burgeoning cannabis industry. According to a report by New Frontier Data, the legal cannabis market in the U.S. was valued at $13.6 billion in 2019 and is projected to reach $41.5 billion by 2025 . Federal reform could spur investment, innovation, and job creation in this sector, providing a significant economic uplift.

Socially, Biden’s proposal could lead to the expungement of criminal records for many individuals convicted of non-violent marijuana offenses. This would be a critical step towards rectifying the injustices of the War on Drugs, which has disproportionately targeted African American and Latino communities. According to the ACLU, Black individuals are 3.64 times more likely than white individuals to be arrested for marijuana possession, despite similar usage rates .

The response to Biden’s recommendation has been mixed. Advocacy groups like the Marijuana Policy Project and the Drug Policy Alliance have praised the move, seeing it as a long-overdue shift towards sensible drug policies. However, some lawmakers and conservative groups remain skeptical, citing concerns about public health and safety.

Public opinion, however, appears to be on Biden's side. A 2021 Pew Research Center survey found that 60% of Americans support the legalization of marijuana for both recreational and medical use, while an additional 31% support legalization for medical use only. This widespread public approval suggests that Biden’s proposal is not only a policy shift but also a reflection of changing societal norms.

President Biden’s recommendation to loosen federal restrictions on marijuana represents a significant step towards modernizing U.S. drug policy. By potentially reclassifying marijuana, the administration aims to facilitate medical research, promote economic growth, and address long-standing social injustices. While the path to comprehensive reform may face political hurdles, the momentum for change is unmistakable, reflecting a broader shift in public attitudes towards cannabis.

References:

National Conference of State Legislatures. (2023). *State Medical Cannabis Laws*. Retrieved from [NCSL] https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx

New Frontier Data. (2019). *The U.S. Cannabis Report: 2019 Industry Outlook*. Retrieved from [New Frontier Data] https://newfrontierdata.com/product/u-s-cannabis-report-2019-industry-outlook/

American Civil Liberties Union. (2020). *A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform*. Retrieved from [ACLU] https://www.aclu.org/report/tale-two-countries-racially-targeted-arrests-era-marijuana-reform

30 Things Joe Biden Did as President You Might Have Missed. (2024). Retrieved June 3, 2024, https://www.politico.com/news/magazine/2024/02/02/joe-biden-30-policy-things-you-might-have-missed-00139046

Slightly higher times: Biden administration moves to loosen weed restrictions. (2023). Retrieved June 18, 2024, from https://www.politico.com/news/2023/08/30/marijuana-review-move-to-schedule-iii-00113493


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