Light readers, as soon as once more we discover ourselves in a Presidential election 12 months. Be at liberty to hitch me in tuning out the deluge of reporting and social media as to issues you can’t management within the slightest, and that are largely adverse and discouraging.
Aside from this weblog publish, which I promise shall be nice. In every presidential election cycle, the Canna Regulation Weblog runs a cultured sequence 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 right now 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 many years earlier than that, he was totally bass-ackwards on issues, being described by knowledgeable persons as “the architect, in all methods, of the warfare on medicine.” Yuck.
Biden’s positions on hashish right now
Issues have modified a bit previously quadrennium. The President has not pivoted as dramatically as Vice President Harris claims to have achieved on marijuana reform, however we’ve seen some progress. Precisely how good or unhealthy Biden has been is a supply of a lot debate. The individuals who argue that Biden is “answerable for essentially the most vital marijuana reform in American historical past”, and those that send him thank you notes, are proper. The individuals who argue that Biden hasn’t achieved 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 achieved thus far.
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October 2022 pardons
In October of 2022, Biden pardoned 6,500 folks beforehand convicted of “easy possession” of marijuana beneath 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 necessary to grasp that nearly everyone 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, mechanically or in any other case.
Lastly, the pardon can be only a “pardon.” It doesn’t expunge the underlying convictions at challenge, or clear anybody’s report. In some ways, the 6,500 pardonees discover themselves in an analogous spot right now as previous to October 5. They’re nonetheless strolling round as convicted criminals of report, and shall be for the foreseeable future.
I stand by the critique.
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October 2022 exhortations to state Governors
Concurrent together with his feeble pardons, Biden urged all state Governors to challenge 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:
Fairly than direct his consideration at state-level actors, nonetheless, or at the side of 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, then again, issued a predictably annoying response to Biden’s request. In all, we haven’t seen a lot motion right here, and nothing one might tie on to Biden’s “comply with me” missive.
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October 22 request to Well being and Human Providers (HHS)
That is the large one, and the explanation individuals are break up as to Biden’s hashish doings. After Biden requested that HHS evaluate the scheduling of marijuana beneath federal legislation, the Division really helpful to the Drug Enforcement Administration (DEA) that it ought to reschedule marijuana, right 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 far from certain, 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, lately opined that any standing change in all probability gained’t happen till after the autumn elections. What Biden did right here might in the end be useful, however definitely not as useful as doable. Biden handed the buck, placing us on an unsure, circuitous path.
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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 extend to military convictions, which is odd: affording the identical small grace to army personnel as widespread civilians looks as if a no brainer.
Biden individually commuted the sentences of 11 Individuals who have been serving “unduly lengthy sentences” with respect to non-violent offenses related to other drugs. That one was useful and may have a extra profound influence on the lives of these few people.
Conclusion
Biden has come a good distance on hashish over the many years, even when he hasn’t smoked any weed–as suggested by a main challenger. Nonetheless, the President had an opportunity to do momentous issues with out a lot effort. As an alternative, 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 suppose Biden’s actions are constant together with his guarantees.
After his October 2022 efforts, I wrote:
On the marketing campaign path, Joe Biden pledged to “decriminalize using hashish and mechanically expunge all prior hashish use convictions.” That promise sits moldering right here on the “Black America” web page of his web site. Biden has achieved nothing. Throughout the first 12 months of his presidency, it appears seemingly that 300,000 (or extra) Individuals 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 a substitute you’ll be requested to donate to the 2024 effort if you happen to deign to click on by. Be at liberty to do this if you happen to’re fantastic 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…. Ought to be enjoyable.