President Biden’s Oct. 6 pardon of thousands of individuals with federal convictions for simple possession of cannabis has significant ramifications for the future treatment of cannabis convicts and may impact how policymakers view and legislate cannabis crimes. On a political level, the move also fulfills a long-stated campaign promise.
In a video announcing the move, the president noted that he did not believe any individual should be in jail solely for the possession or use of cannabis. He also noted that the move would aid in rectifying past discrimination and promoting equity.
The announcement could affect more than 6,500 individuals. The president also urged governors to likewise pardon similar types of offenders. The majority of cannabis possession convictions occur at the state level.
Equally significant, President Biden also requested that the Department of Justice and Department of Health and Human Services review how cannabis should be scheduled under federal law. Cannabis is currently a Schedule I substance under the Controlled Substances Act, indicating that it has no medical value and high-addictive potential. In a video announcing the move, the president noted that he did not believe any individual should be in jail solely for the possession or use of cannabis. He also noted that the move would aid in rectifying past discrimination and promoting equity.
The upcoming review by the Departments of Justice and Health and Human Services, however, has the chance to drastically change the federal landscape by potentially rescheduling cannabis. Should the Departments choose to do so, cannabis may effectively become legal at the federal level, pending congressional and state laws. Such changes could lead to a flurry of federal and state enforcement efforts as policymakers and businesses reel from the sudden and drastic changes, as well as the legal gray areas that are sure to follow.
More analysis to come as we follow this important development.
With a practical approach, Chad provides compliance guidance and litigation defense on matters related to cannabis, advertising and marketing, teleservices, and other consumer protection issues.