Biden Should Expand Marijuana Pardons And Issue New Cannabis Prosecution Memo Before His Term Ends, Lawmakers Say

A coalition of 14 Democratic lawmakers, spearheaded by Senator Elizabeth Warren (D-MA) and Representative Barbara Lee (D-CA), is urging President Joe Biden to take bold, additional actions on marijuana reform before the end of his administration. Their joint letter, addressed to Biden and Vice President Kamala Harris, applauds past clemency efforts and the push to reschedule cannabis but insists more must be done to address federal cannabis criminalization and its associated harms.

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Key Requests from Lawmakers

1. Expand Clemency for Cannabis-Related Convictions:

   • While Biden’s earlier pardons for federal marijuana possession offenses were groundbreaking, lawmakers argue these actions resulted in few, if any, prison releases, as most federal cannabis offenders are incarcerated for other marijuana-related offenses.

   • The coalition calls on Biden to:

     • Issue a new round of pardons and commutations to further reduce or end sentences for federal cannabis-related convictions.

     • Encourage state governors to follow suit, expanding clemency programs and decriminalizing low-level marijuana offenses under state law.

2. Formal Guidance to Deprioritize Federal Cannabis Prosecutions:

   • Lawmakers advocate for updated guidance akin to an expanded “Cole Memo,” the Obama-era directive deprioritizing federal enforcement against state-legal cannabis activities.

   • Specific recommendations include:

     • Directing federal law enforcement to deprioritize prosecutions for personal cannabis use and state-legal cannabis business operations.

     • Preventing racial disparities in federal cannabis enforcement and prosecutions.

     • Addressing recent incidents like Customs and Border Protection's seizure of state-legal cannabis, which critics say undermines state laws.

3. Further Rescheduling or Descheduling Efforts:

   • While Biden’s administration has initiated a move to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA), lawmakers argue this step doesn’t go far enough to resolve cannabis’s federal criminalization or align it with state-legal frameworks.

   • The coalition urges a faster conclusion to the rescheduling process and continued efforts to address the gap between state and federal cannabis policies.

Citing Ongoing Disparities

The letter highlights racial disparities in cannabis enforcement and federal actions that contradict state cannabis laws. Lawmakers emphasize that while federal prosecutions for marijuana offenses have declined, the threat of federal charges persists, disproportionately affecting marginalized communities.

Support for Comprehensive Reform

Signatories to the letter include prominent cannabis reform advocates such as Senators Bernie Sanders (I-VT), Cory Booker (D-NJ), and Ron Wyden (D-OR), as well as Representatives Earl Blumenauer (D-OR) and Ilhan Omar (D-MN). Collectively, they argue that Biden’s administration has an opportunity to cement a legacy of criminal justice reform by further dismantling policies rooted in the War on Drugs.

Warren, a vocal critic of marijuana prohibition, underscored the need for continued federal action. She highlighted that even with rescheduling, the harmful impacts of federal marijuana law—particularly for historically over-policed communities—will persist.

Political Context and Timing

This appeal comes as Biden’s administration oversees the rescheduling review process, with an initial hearing on cannabis’s reclassification set for December 2. However, with the incoming administration of President-elect Donald Trump, there’s uncertainty about whether Biden’s efforts will be finalized in time. Trump’s picks for key cabinet positions, including Marty Makary for FDA Commissioner and Pam Bondi for Attorney General, suggest a potentially more conservative approach to cannabis policy.

In addition to the coalition’s letter, a separate group of 67 Democratic lawmakers has called for broader clemency actions, praising Biden’s ability to deliver “life-changing” relief for those affected by harsh federal marijuana laws.

Implications for Biden’s Legacy

With just weeks left in his term, Biden faces mounting pressure to use his executive authority to expand cannabis clemency and deprioritize federal marijuana enforcement. These actions could solidify his administration’s place as a leader in drug policy reform while addressing longstanding racial and criminal justice inequities. However, the timeline for rescheduling and the potential shift in administrative priorities under Trump could complicate these efforts.