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Light readers, as soon as once more we discover ourselves in a Presidential election 12 months. Be at liberty to affix me in tuning out the deluge of reporting and social media as to issues you can not management within the slightest, and that are largely adverse and discouraging.
Aside from this weblog submit, which I promise will probably be nice. In every presidential election cycle, the Canna Regulation Weblog runs a cultured collection of posts grading the candidates as to their positions on hashish. 4 years in the past, Donald Trump was President, which suggests we graded Trump and plenty of Democrats. This time, it’s the alternative. We’ll grade President Biden and his Republican challengers, together with Donald Trump. However in the present day we begin with #46, Joseph Robinette Biden Jr. (Hunter’s dad).
Total Grade: C
“C” is a middling grade, clearly, nevertheless it’s progress for Biden. Final time round, we (one in all our legislation clerks) gave him a “D.” He definitely earned it. Biden was the one viable Democratic candidate who opposed hashish legalization in 2020. Within the a long time earlier than that, he was fully bass-ackwards on issues, being described by educated individuals as “the architect, in all methods, of the battle on medicine.” Yuck.
Biden’s positions on hashish in the present day
Issues have modified a bit up to now quadrennium. The President has not pivoted as dramatically as Vice President Harris claims to have performed on marijuana reform, however we’ve seen some progress. Precisely how good or dangerous Biden has been is a supply of a lot debate. The individuals who argue that Biden is “liable for probably the most vital marijuana reform in American historical past”, and people who ship him thanks notes, are proper. The individuals who argue that Biden hasn’t performed almost sufficient on marijuana reform are additionally proper. I’m largely one of many latter, appropriate folks.
Let’s take a fast have a look at what Biden has and hasn’t performed thus far.
October 2022 pardons
In October of 2022, Biden pardoned 6,500 folks beforehand convicted of “easy possession” of marijuana below federal legislation. I noticed:
The pardons don’t launch anybody from jail, as nobody was in federal jail for this doubtful crime. Everybody serving time for easy possession of hashish is in state jail for violations of state (and never federal) managed substances legal guidelines.
It’s additionally vital to grasp that almost everybody arrested and prosecuted for federal hashish crimes is nailed for trafficking (i.e., distribution and/or intent to distribute). Biden didn’t pardon any of those folks, together with the nonviolent traffickers. I’m guessing none of them will ever see a presidential pardon. Their solely hope is thru proposed laws just like the MORE Act or the CAOA, which might make non-violent hashish crimes expungable, routinely or in any other case.
Lastly, the pardon can also be only a “pardon.” It doesn’t expunge the underlying convictions at subject, or clear anybody’s file. In some ways, the 6,500 pardonees discover themselves in an identical spot in the present day as previous to October 5. They’re nonetheless strolling round as convicted criminals of file, and will probably be for the foreseeable future.
I stand by the critique.
October 2022 exhortations to state Governors
Concurrent along with his feeble pardons, Biden urged all state Governors to subject state-level pardons for state-level hashish crimes. I used to be underwhelmed with that effort too, explaining once more that the pardons weren’t expungements, and that the crimes included easy possession, solely. I additionally wrote:
Somewhat than direct his consideration at state-level actors, nonetheless, or together with doing so, Biden ought to endorse one of many many federal legislative proposals to deschedule hashish. There are some good ones. See:
Recall that Biden’s VP, Kamala Harris, was Senate sponsor of the MORE Act. That one would deschedule hashish, amongst a number of different provisions. Come on, man!
Biden nonetheless hasn’t come round on federal laws, and it seems that his message to Governors had little impact. Sure, the Oregon governor erased some 47,144 convictions the next month, however that was within the works already. The Idaho governor, alternatively, issued a predictably annoying response to Biden’s request. In all, we haven’t seen a lot motion right here, and nothing one may tie on to Biden’s “comply with me” missive.
October 22 request to Well being and Human Providers (HHS)
That is the massive one, and the explanation individuals are break up as to Biden’s hashish doings. After Biden requested that HHS evaluate the scheduling of marijuana below federal legislation, the Division advisable to the Drug Enforcement Administration (DEA) that it ought to reschedule marijuana, all the way down to Schedule III. I analyzed what a transfer to Schedule III would usually imply right here.
The HHS advice occurred in late August, 2023. What DEA finally ends up doing right here is much from sure, and issues appear to be shifting fairly slowly. All of that was anticipated: our colleague Shane Pennington, an authority on the sausage-making course of, not too long ago opined that any standing change in all probability received’t happen till after the autumn elections. What Biden did right here might finally be useful, however definitely not as useful as doable. Biden handed the buck, placing us on an unsure, circuitous path.
December 2023 pardons and clemency grants
This proclamation got here in over the vacations, in all probability to mitigate any controversy. Not that it appears terribly controversial. The December motion pardoned convictions for easy possession and use on federal lands. It appears designed to fill in some gaps from the October 2022 pardons, although it doesn’t prolong to navy convictions, which is odd: affording the identical small grace to navy personnel as widespread civilians looks like a no brainer.
Biden individually commuted the sentences of 11 People who had been serving “unduly lengthy sentences” with respect to non-violent offenses associated to different medicine. That one was useful and will have a extra profound influence on the lives of these few people.
Conclusion
Biden has come a great distance on hashish over the a long time, even when he hasn’t smoked any weed–as prompt by a major challenger. Nevertheless, the President had an opportunity to do momentous issues with out a lot effort. As a substitute, he has chosen what he in all probability thinks is a center path, and easily ignored sure points points just like the scourge of “fuel station weed” from hemp. Total, I don’t assume Biden’s actions are constant along with his guarantees.
After his October 2022 efforts, I wrote:
On the marketing campaign path, Joe Biden pledged to “decriminalize the usage of hashish and routinely expunge all prior hashish use convictions.” That promise sits moldering proper right here on the “Black America” web page of his web site. Biden has performed nothing. In the course of the first 12 months of his presidency, it appears probably that 300,000 (or extra) People have been arrested and convicted of easy possession of marijuana. Penalties vary from low-level misdemeanors to life imprisonment with out parole in excessive circumstances.
The hyperlink to Biden’s web site web page referenced above is now eliminated: as an alternative you’ll be requested to donate to the 2024 effort in case you deign to click on by means of. Be at liberty to try this in case you’re effective with half measures hashish, from ongoing criminalization to an administrative scrum which can or might not result in Schedule III.
So I’m sticking with the “C” grade for President Biden. Keep tuned for protection of the opposite occasion’s candidates…. Needs to be enjoyable.
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