Cannabis policy of the Joe Biden administration

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U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions.^[1]

Background[]

The use, sale, and possession of cannabis over 0.3% THC in the United States, despite state laws, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act of 1970, cannabis over 0.3% THC (legal term marijuana) is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs; however, individual states have enacted legislation permitting exemptions for various uses, mainly for medical and industrial use but often also recreational use.^{[citation needed]}

Cannabis policy of Donald Trump[]

The Donald Trump administration took positions in favor of marijuana entrepreneurship and pledged to the easing of laws regarding marijuana. Trump indicated during his 2016 presidential campaign that he favored leaving the issue of legalization of marijuana to the states, his administration never acted on the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included less protections for state medical marijuana laws. In 2018, every known byproduct of cannabis (excluding Delta-9 THC) was legalized by the Trump administration. In 2018, Trump's administration also rescinded the 2013 Cole Memorandum, an Obama-era Justice Department policy that generally directed federal prosecutors not to pursue cannabis prosecutions in states where the drug is legal as a matter of state law.^{[citation needed]}

2020 state legalizations[]

Cannabis legalization was approved via November 2020 ballot measures in the four states of Arizona, Montana, South Dakota, and New Jersey. Additionally, medical cannabis was legalized via ballot measures during the same election in Mississippi and South Dakota; South Dakota became the first state to legalize medical and recreational cannabis simultaneously. Observers noted that cannabis legalization was approved in states with both conservative and liberal electorates, making it one of the few issues to gain broad bipartisan support in an otherwise highly divisive election.^[2] The trend continued in 2021, as legalization was approved at the state level in Biden-carried states of New Mexico, New York, Virginia, New Jersey, and Connecticut.^[3] During his 2020 presidential campaign, Biden claimed "individual states should decide whether to legalize it for recreational use."^[4]

Cannabis policy[]

As of January 2021, although Biden had stood for decriminalization and descheduling during his campaign, the administration had not formulated an explicit policy on cannabis. Some political and cannabis industry observers like the editor of Leafly thought the administration would be likely to assist in carrying out his campaign promises on cannabis through the MORE Act, sponsored by then-Senator Kamala Harris, or through executive order.^[5] Failing full legalization, he could improve banking access by supporting the SAFE Act.^[6][7]

In May 2021, the Drug Enforcement Administration approved licensed facilities to grow cannabis for the purpose of medical research for the first time since 1968.^[8] Prior to this, the University of Mississippi was the only institution in the United States legally permitted to grow the plant for that use. Previously, in 2016, an application process was put in place for research growers, but no applications were later approved under the Trump administration.^[9]

References[]