The Biden Administration and Cannabis Reform: A Review

As we wrap up our years under the Biden Administration, we’ve been looking back on how cannabis culture has changed throughout President Joe Biden’s tenure. Although it seems contradictory, his team’s efforts to push cannabis reform in the United States reflect both the progressive power and the limitations of federal action.

The administration has engaged with cannabis policy through several key initiatives, and while these moves signal progress, they also reveal the challenges that come with a federal system where cannabis regulation largely remains a state-level issue. This article explores the major contributions made by the Biden administration toward cannabis reform, exploring the advancements achieved by these actions as well as their limitations.

Presidential Pardons

In October 2022, President Biden granted a pardon to people convicted of simple marijuana possession under federal law. However, this action, while symbolically important, ultimately fell short of helping many cannabis convicts in the U.S. The 2022 movement did not result in the release of any incarcerated people because the pardon did not apply to any existing federal inmates serving prison time. This was in large part because the majority of people with cannabis-related offenses are incarcerated on state convictions, which were not impacted by Biden’s federal pardon. 

In December 2023, President Biden followed up his 2022 actions with another proclamation granting cannabis-related pardons to those convicted for simple or attempted possession according to an expanded list of laws. Still, the same limitations applied: these pardons provide direct relief for people convicted under state laws, which is where the vast majority of cannabis-related convictions occur. 

A federal pardon, moreover, does not equate to someone’s immediate release from custody. A pardon forgives an offense, but only a commutation could lead to the reduction or end of a sentence. Another limitation of a federal pardon is that it does not expunge a person’s criminal record, so even people who received pardons and commutations would still face the obstacles of having a conviction, which can affect someone’s access to employment, housing, and other essential public services. Expungement is the only means of clearing a conviction from one’s record entirely, but this is not a power the federal government wields broadly.

In the end, Biden successfully granted clemency to 11 people convicted of nonviolent drug-related offenses and commuted the sentences of five others. Biden’s federal pardons have laid the groundwork for more significant change, but without coordinated efforts between federal and state governments, many people will continue to face the lifelong consequences of cannabis-related convictions. To achieve widespread, long-term impact, state-level action is going to be essential.

The federal pardon is a notable move, but there needs to be more pressure on the states to take meaningful action through clemency programs, record-clearance initiatives, or resentencing. 

Medical Cannabis Research Expansion

Another significant development came with the signing of the Medical Marijuana and Cannabidiol Research Expansion Act (MMCREA) in December 2022. This legislation signaled a meaningful shift in the U.S. federal government’s attitude toward scientific research on cannabis for medical purposes. After decades of federal regulation that worked to stall medical research on cannabis, new rules regarding the approval process and supply chain involved in cannabis research stand to stimulate increased medical research on cannabis in the coming years. 

One of the most significant outcomes of the MMCREA is the mandate that the federal government ensure an uninterrupted supply of cannabis for research purposes. For over 50 years, strict federal regulations have made it hard for researchers to get cannabis for scientific studies from a single entity, the University of Mississippi’s National Center for Natural Products Research. The MMCREA breaks from this restrictive past by allowing for multiple federally approved suppliers to produce medical-grade cannabis for research purposes, thus expanding access to high-quality cannabis for a broader range of clinical studies.

The act also streamlines the approval process for researchers seeking licenses to study the plant and produce cannabis-based products for medical research by setting a strict turnover deadline for the DEA review process involving applications and proposals related to medical cannabis research. The MMCREA is a promising development with the potential to increase the number of clinical trials on cannabis, which could lead to new treatments and a better understanding of cannabis’ medicinal effects and interactions. 

Rescheduling Cannabis

The Biden administration’s most potentially pivotal reform effort emerged in May 2024 when the Department of Justice proposed reclassifying cannabis from a Schedule I to a Schedule III controlled substance. Since the enactment of the Controlled Substances Act (CSA) of 1970, cannabis has been categorized as an unsafe substance with a high potential for abuse and no accepted medical application.

This categorization places severe legal restrictions on access to cannabis and its derivatives, which has been a significant barrier to both clinical research on and medicinal use of the drug. Reclassifying cannabis to Schedule III, a category of prescribable substances that includes drugs like ketamine and synthetic steroids, would significantly reduce the legal restrictions surrounding the use of cannabis for medical purposes.

This reclassification would align cannabis more closely with other prescription drugs that have legitimate medical uses but also some potential for misuse. Placing cannabis under the class of Schedule III substances would mean that cannabis-derived medicines, subject to FDA (U.S. Food and Drug Administration) approval, could be prescribed by doctors and dispensed through pharmacies. Since cannabis would no longer be illegal according to the federal government, medical patients and researchers would benefit from easier access to the drug. Plus, the new classification could draw greater attention to achieving retroactive justice for prisoners serving time on cannabis-related charges, both at the state and federal levels. 

While the scheduling change would loosen restrictions on cannabis research and medical use, it would not fully legalize all cannabis for medicinal purposes at the federal level. Since cannabis products will only be legal to obtain by prescription, federally legal cannabis products would be limited to controlled pharmaceutical products approved by federal agencies for the treatment of particular diseases. This means that statewide medical cannabis programs and dispensaries will most likely remain essential to cannabis patients, and recreational use or possession of cannabis products will still technically be federally illegal. 

The Biden Presidency: Progress and Limitations

As the 2024 presidential election approaches, the question remains whether the momentum for cannabis reform will continue. Despite the limitations faced, the Biden administration’s efforts on cannabis reform mark a shift in federal attitudes that is relatively radical compared to preceding presidential administrations of the past few decades. The combination of pardons, expanded medical research, and the push for rescheduling indicate a shift in political and public acknowledgment of cannabis as an urgent, legitimate issue in public health and social equity.

While Biden’s initiatives have laid progressive groundwork, impactful future progress for cannabis legislation will likely require continued efforts at both the federal and state levels, particularly in addressing the issue of achieving legal freedom for individuals affected by cannabis criminal convictions. The Biden administration’s contributions to cannabis reform have opened new promising opportunities for progress, but with Biden leaving office in 2025, the future of cannabis reform in the states is still unknown. 

Featured photo: Oliver Douliery