In a current shock announcement, President Biden knowledgeable the nation that he was taking two important steps associated to federal marijuana coverage. In that announcement, he said that his administration will pardon people who’ve been convicted in federal courtroom of straightforward possession of marijuana. Nonetheless, the overwhelming majority of these arrested, convicted, and incarcerated for possession of marijuana are determined in state prison authorized programs.
Current FBI information relating to low-level marijuana possession as against the law exhibits there was one marijuana arrest each 90 on this nation in 2020. Nationally, there have been greater than 315,000 marijuana possession arrests in 2020, accounting for one out of three drug arrests. Regardless of the actual fact folks of all races promote medication at related charges people who find themselves Black are 3.64 instances extra prone to be arrested for a marijuana offense than people who find themselves White.
For these compelling cause, President Biden known as on all governors to observe the White Home’s lead and pardon people charged with easy marijuana possession offenses of their states. The very fact is that, given the exceptionally small variety of folks within the federal Division of Corrections for easy possession, it’s vital that governors be part of the President in issuing pardons. That is the one approach the pardon coverage can have important influence. That mentioned, the President ought to be counseled for publicly taking a transparent and unambiguous place that each one easy marijuana possession convictions have to be wiped away beneath each state and federal regulation.
It’s no secret that overcriminalization throughout the board has been endemic in america for years. Subsequently, it’s encouraging that in his announcement the President has acknowledged the numerous hurt that’s brought on by criminalizing folks for minor marijuana offenses. He additionally acknowledged that there are clear racial disparities in unwarranted criminalization — particularly relating to marijuana enforcement. Biden’s acknowledgement exhibits he has taken the very first concrete steps on the federal stage to start to undo dangerous collateral penalties ensuing from locking up folks for easy possession of marijuana.
Whereas all of us applaud his new pardon coverage, the President’s assertion that he’s in favor of eradicating marijuana from being a Schedule I drug is extra important. A substantial amount of hurt may be linked to this ill-advised coverage. That is why prison justice reform advocates discover it promising that Biden has tasked the Division of Justice (DOJ) and the Division of Well being and Human Providers (HHS) to evaluation the marijuana scheduling coverage with the intent of eradicating it as a Schedule I drug.
Not solely is it mindless to deal with marijuana as a Schedule I drug— together with heroin and fentanyl —the harm that scheduling marijuana does to people and to drug coverage is incalculable. Furthermore, to meaningfully obtain federal marijuana reform, marijuana have to be utterly faraway from the Controlled Substance Act (CSA) . To be clear, a evaluation of marijuana scheduling is lengthy overdue. Nonetheless, the Biden administration should not lose sight on the truth that except marijuana is totally descheduled and decriminalized, the harms of prohibition will proceed. The implications of continuous to schedule marijuana as a Schedule I drug may be summed up as follows:
- Noncitizens will proceed to face the specter of computerized detention and deportation even when in compliance with their state and native legal guidelines.
- Residents will proceed to be denied federal advantages resulting from marijuana convictions.
- Marijuana analysis will proceed to face hindrances.
- Veterans won’t be able to entry state medical hashish applications via their V.A. medical doctors
- Federal staff will proceed to be fired for utilizing marijuana after work hours (even when they stay in a state with authorized grownup use).
- Social fairness entrepreneurs and marijuana companies won’t have entry to funding via the Small Enterprise Administration.
- Banks will nonetheless possible be hesitant to supply industrial loans to marijuana companies.
The next assertion from a number one drug coverage group successfully sums up the proposed subsequent steps that reform advocate recommends:
“We welcome this transfer from President Biden, and it’s lengthy overdue. However it isn’t sufficient and leaves loads of our family members out, which is why we’d like descheduling and decriminalization. With out this, folks will proceed to face prison prices for marijuana. It additionally signifies that analysis will proceed to be inhibited and states which have legalized marijuana will nonetheless be at odds with federal regulation. Descheduling marijuana is the one solution to actually finish federal prohibition. That’s why we urge the President and Congress to assist the, Cannabis Administration and Opportunity Act launched within the Senate earlier this yr, which might absolutely take away marijuana from the Management Substances Act, present expungement and resentencing for previous marijuana convictions past easy possession, and comprehensively restore the harms of marijuana criminalization.” — Maritza Perez, Director Workplace of Federal Affairs Drug Coverage Alliance.
Once more, the Biden Administration ought to be counseled and supported in its effort to convey equity, fairness, and customary sense to the nation’s coverage method to marijuana use. The administration’s acknowledgement that the time has come to finish criminalization of low-level marijuana possession is a starting —as is the deliberate evaluation of classification of marijuana as a Schedule I drug.
On the similar time, President Biden ought to be reminded that these steps are lagging behind the place the American public opinion is about marijuana use. The administration must also be reminded that presently Nineteen states and the District of Columbia have approved adult possession and consumption of marijuana (Twenty-seven states and the District of Columbia have decriminalized small quantities of marijuana). It’s time for federal drug coverage to meet up with most People and with state legislators.
Sources
Drug Coverage Reform Work Group – The Justice Roundtable
White Home Statement from President Biden on Marijuana Reform
Disclaimer: The Nationwide Affiliation of Social Staff invitations members to share their experience and experiences via Member Voices. This weblog was ready by Mel Wilson in his private capability and doesn’t essentially replicate the view of the Nationwide Affiliation of Social Staff.
About The Author
Mel Wilson, LCSW, MBA, is the retired Senior Policy Advisor for the National Association of Social Workers. He continues to be active on a range social policy area including youth justice, immigration, criminal justice, and drug policy. He is a co-chairperson on the Justice Roundtable’s Drug Policy Reform Working Group.
