Skip to content Skip to footer

Lawmakers Urge Biden to Take More Action on Cannabis Before Leaving Office

The president “has the opportunity to further reduce the harms of marijuana’s criminalization,” the lawmakers said.

Marijuana plants are found growing at an illegal cannabis farm during a raid by San Bernardino County Sheriff's deputies in Newberry Springs, in the western Mojave Desert of Southern California on March 29, 2024.

More than a dozen lawmakers have sent a letter to President Joe Biden urging him to take additional steps on cannabis decriminalization before his term expires in mid-January.

The letter — which was endorsed by Rep. Barbara Lee (D-California), Rep. Ilhan Omar (D-Minnesota), Sen. Bernie Sanders (I-Vermont), Sen. Elizabeth Warren (D-Massachusetts), and others — lauded the administration’s work to transfer cannabis from the Schedule I series of drugs to Schedule III, but added that the transition should be finalized before January 20.

Moving cannabis to Schedule III means that the government will recognize the drug’s accepted medical uses, whereas, at its current place on Schedule I, the drug is defined as having no medical benefits. The Biden administration announced the beginning of the transition in the fall of 2023.

The letter noted that the transition would not address the gap between federal and state cannabis policy, and that more action was needed to resolve the harms of criminalization.

“Possession and use of recreational marijuana — and much state-legal medical marijuana — will continue to be a violation of federal law,” the letter stated.

The president issued pardons in 2022 and 2023 for people convicted of low-level marijuana-related crimes. However, those pardons were limited in scope, and thousands of people remain in federal prisons due to cannabis-based convictions.

“The Biden Administration has the opportunity to further reduce the harms of marijuana’s criminalization before the end of this Administration by issuing another round of clemency and an updated memorandum on prosecutorial discretion for marijuana offenses,” the letter-writers said.

“Rescheduling marijuana and the prior round of pardons must not be the end of this Administration’s historic work to use its executive authority to undo the damage of federal marijuana policy,” they added, noting that the Biden White House still has the opportunity to issue “an updated memorandum on prosecutorial discretion for marijuana offenses” for federal prosecutors in the future, barring a repeal of such a policy by president-elect Donald Trump.

The letter also urged Biden to once again encourage “state governors to expand marijuana clemency and decriminalize low-level marijuana conduct under state law.”

Importantly, some of the actions the administration is being urged to take or finalize would still allow marijuana use or possession crimes to exist at the federal level. When Biden initially announced his administration was making moves to reschedule the drug, advocates had hoped for a complete descheduling of cannabis, a move that would have effectively made it legal for both medical and recreational use at the federal level.

“The goal of federal cannabis policy reform ought to be to address the existing, untenable chasm between federal marijuana policy and the cannabis laws of the majority of U.S. states,” Paul Armentano, deputy director of marijuana advocacy organization NORML, said last year in response to news about plans to move cannabis to Schedule III. “Rescheduling the cannabis plant to Schedule III of the US Controlled Substances Act fails to adequately address this conflict.”

Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn

Dear Truthout Community,

If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.

We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.

Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.

There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.

After the election, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?

It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.

We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.

We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.

Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment.

We’re with you. Let’s do all we can to move forward together.

With love, rage, and solidarity,

Maya, Negin, Saima, and Ziggy