President Joe Biden’s stance on cannabis has evolved over time, mirroring the changing attitudes of many Americans. In the past, Biden has been criticized for his role in promoting tough-on-crime legislation during the 1980s and 1990s that contributed to mass incarceration, including for non-violent drug offenses, such as marijuana possession. However, as a presidential candidate and as President, Biden has adopted more progressive viewpoints on cannabis. Biden supports decriminalizing marijuana and expunging prior cannabis use convictions, according to his 2020 campaign platform. He also believes in rescheduling cannabis as a Schedule II drug so researchers can study its positive and negative impacts. However, it’s worth noting that Biden does not support full federal legalization of recreational marijuana. Instead, he favors letting states set their own laws regarding recreational use. This position is a more moderate stance compared to many other Democrats who have called for full legalization. Moreover, Biden also sees potential in using medical marijuana as an alternative to opioids for managing pain. He advocates for legalizing medicinal marijuana and believes that medical research should be encouraged to explore the potential benefits of cannabis. Though President Biden’s position may not be as liberal as some advocates would like, it does reflect a move away from the “war on drugs” mentality and towards a more nuanced understanding of drug use and its social and legal implications. His views represent a significant shift in policy compared to the past and could lead to major changes in how the US government handles cannabis. However, the pace at which these changes are implemented largely depends upon the legislative support he receives from Congress and the views of the American public. As of now, President Biden has yet to take any definitive action on cannabis policy since taking office.

– In October 2022, President Biden pardoned all prior federal offenses of simple possession of marijuana, which affected thousands of people who had criminal records for cannabis use⁶. However, this did not result in anyone being released from prison, as no one was incarcerated solely for marijuana possession under federal law⁴.

– President Biden also urged all governors to pardon state offenses of marijuana possession, and asked the Secretary of Health and Human Services and the Attorney General to review how marijuana is scheduled under federal law⁴. Currently, marijuana is classified as a Schedule I drug, which means it has no accepted medical use and a high potential for abuse⁵.

– President Biden supports the decriminalization of cannabis use and the expungement of prior convictions, as well as the legalization of medical cannabis and the rescheduling of cannabis as a Schedule II drug, which would allow more research and regulation¹. He also supports allowing states to set their own policies on recreational cannabis without federal interference².

– President Biden does not support the legalization of cannabis for recreational purposes at the federal level, as he believes there is not enough evidence on its long-term effects and potential harms¹. He also wants to maintain some limitations on trafficking, marketing, and underage sales of cannabis⁴.

(1) Biden pardons all federal offenses of simple marijuana possession in …. https://www.cnn.com/2022/10/06/politics/marijuana-decriminalization-white-house-joe-biden/index.html.

(2) Statement from President Biden on Marijuana Reform. https://www.whitehouse.gov/briefing-room/statements-releases/2022/10/06/statement-from-president-biden-on-marijuana-reform/.

(3) Cannabis policy of the Joe Biden administration – Wikipedia. https://en.wikipedia.org/wiki/Cannabis_policy_of_the_Joe_Biden_administration.

(4) Editorial: Biden is right — Marijuana belongs in a different category. https://dailyjournal.net/2023/09/26/editorial-biden-is-right-marijuana-belongs-in-a-different-category/.

(5) Rep. Blumenauer Talks Cannabis: ‘When We Started, It Was Controversial… Now It Determines National Elections’. https://www.forbes.com/sites/javierhasse/2023/09/26/rep-blumenauer-talks-cannabis-when-we-started-it-was-controversial-now-it-determines-national-elections/.

(6) Biden Is Taking a Step Toward Legalizing Pot. https://www.msn.com/en-us/health/medical/biden-is-taking-a-step-toward-legalizing-pot/ar-AA1h0nII.

Statement from President Biden on Marijuana Reform

As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana.  Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities.  And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.
 
Today, I am announcing three steps that I am taking to end this failed approach.
 
First, I am announcing a pardon of all prior Federal offenses of simple possession of marijuana.  I have directed the Attorney General to develop an administrative process for the issuance of certificates of pardon to eligible individuals.  There are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result.  My action will help relieve the collateral consequences arising from these convictions.
 
Second, I am urging all Governors to do the same with regard to state offenses.  Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.
 
Third, I am asking the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.  Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances.  This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic. 
 
Finally, even as federal and state regulation of marijuana changes, important limitations on trafficking, marketing, and under-age sales should stay in place.
 
Too many lives have been upended because of our failed approach to marijuana.  It’s time that we right these wrongs.