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The time for incremental change is over. The cannabis industry is booming, generating billions in revenue and creating jobs. Yet, thousands remain imprisoned for actions that are now considered perfectly legal.
Across the country, cannabis users today will celebrate 4/20, a day synonymous with the plant's consumption and a symbol of its growing acceptance.
But for thousands of people still incarcerated for cannabis-related offenses, 4/20 is not a day of celebration; it’s a reminder of an unjust system that has yet to make amends.
The legal landscape around cannabis has evolved dramatically. Forty-one states now have some form of legal cannabis. Cannabis companies are going public on Wall Street, dispensaries are opening in high-end shopping districts, and tax revenues from legal sales are funding schools and infrastructure.
Nevertheless, tens of thousands of people remain imprisoned for the very substance that is now a billion-dollar industry. Millions of individuals are also still coping with the life-long burden of having a cannabis conviction on their record.
This is a moral and economic outrage that demands an immediate solution.
President Donal Trump and his administration have a chance to go further than President Joe Biden ever did on cannabis by pardoning every individual imprisoned for cannabis at the federal level.
That’s not as unlikely as some might think.
On the campaign trail, Trump said he was starting to “agree a lot more” that individuals should not be criminalized for cannabis when it’s being legalized across the country. He even posted, “I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.”
In his first term, President Trump commuted the sentences of 16 people and pardoned 6 individuals for cannabis offenses. He also championed the bipartisan sentencing reform bill, the First Step Act, which was designed to promote rehabilitation, lower recidivism, and reduce excessive sentences for certain federal drug offenses.
He’s not alone in his administration. J.D. Vance told Joe Rogan that his overall philosophy on marijuana and psychedelics is to “live and let live,” and reaffirmed that he feels people should not be criminalized over cannabis. Elon Musk, the de facto head of DOGE, famously smoked a blunt on Rogan’s podcast.
Clemency isn’t the only place where President Trump can go further than his predecessor. He could also significantly boost America's budding cannabis industry by rescheduling cannabis. This would both reduce tax burdens and help the United States tap into an industry projected to reach over $100 billion by 2030, while also easing the burden on law enforcement and the judicial system.
Rescheduling is also an opportunity for Trump to deliver for Black and Brown communities, who suffer the most from outdated cannabis policies and supported the president in record numbers in 2024. On average, Black individuals are more than three times more likely than white Americans to be arrested for cannabis despite similar consumption rates. President Trump can help right an injustice that has gone on far too long.
Both granting clemency for people convicted of cannabis-related crimes and rescheduling cannabis would be immensely popular decisions for President Trump. A YouGov poll found that 70 percent of Americans support clearing criminal records for past non-violent marijuana-related convictions. According to an American Civil Liberties Union poll, 84% of registered voters support the release of people serving time for crimes that are no longer considered illegal.
Only one in 10 Americans believe marijuana should not be legal at all, according to the Pew Research Center.
The time for incremental change is over. The cannabis industry is booming, generating billions in revenue and creating jobs. Yet, thousands remain imprisoned for actions that are now considered perfectly legal.
This is a moral and economic outrage that demands an immediate solution. President Trump has a penchant for bold action and the power to turn 4/20 into a day for real celebration through cannabis clemency and rescheduling.
He should seize this moment and right the wrongs that every president this century has kicked down the road.
Gov. Tony Evers' suggested priorities for state ballot measures include abortion rights, expanding public healthcare for low-income people, gun safety reform, and marijuana legalization.
Amid discussions across the United States about how to fight for progressive policies given the federal government's looming Republican trifecta, Democratic Wisconsin Gov. Tony Evers on Wednesday renewed his call for letting voters in his state initiate ballot measures.
"Republicans' message to Wisconsinites is crystal clear—anything that gives the people of Wisconsin a voice and direct input on the policies of our state is 'dead on arrival,'" Evers said in a Wednesday statement. "That's breathtaking."
Wisconsin is among the two dozen U.S. states that don't allow citizen-initiated ballot measures, according to Ballotpedia. In the Badger State, only lawmakers can put a proposed constitutional amendment on the ballot, after it passes two consecutive legislative sessions.
Evers, who is halfway through his second term, is fighting for a citizen-initiated option, despite opposition from Republican state lawmakers. The governor is including his proposal for ballot measures from voters in his budget for 2025-27, as he detailed in a video posted on social media.
"The will of the people should be the law of the land. Republican lawmakers have repeatedly worked to put constitutional amendments on the ballot that Republicans drafted, and Republicans passed, all while Republicans refuse to give that same power to the people of Wisconsin. And that's wrong," Evers told reporters on Friday, according to the Milwaukee Journal Sentinel.
Despite new political maps for the November elections, Republicans retained control of the Wisconsin State Legislature, with a 54-45 majority in the Assembly and 18-15 majority in the Senate. Key lawmakers, including Assembly Speaker Robin Vos (R-63) and Senate Majority Leader Devin LeMahieu (R-9), have made their opposition to Evers' proposal clear.
While opposing Evers' effort to boost direct democracy in the state, Wisconsin's Republican legislators have taken advantage of the state's existing process. The Senate on Wednesday voted along party lines for a proposed constitutional amendment to require voter ID for elections—continuing a trend from last year.
Evers' office explained that "Wisconsinites saw five statewide referenda questions in 2024—the most in a single year in over four decades, according to a report from the Milwaukee Journal Sentinel—all of which were drafted, legislatively passed, and placed on the ballot by Republican lawmakers, largely without direct input from the people of Wisconsin."
The governor said Wednesday that "Republican lawmakers in the next week are set to add yet another constitutional amendment to the ballot while telling Wisconsinites they can't have that same power. If Republicans are going to continue to legislate by constitutional amendment, then they should be willing to give Wisconsinites that same opportunity. Pretty simple stuff."
His office also suggested some potential ballot measure priorities: "legalizing and regulating marijuana, ensuring access to safe and legal abortion, expanding BadgerCare, and enacting commonsense gun safety reform policies."
Amid a fresh wave of Republican policymakers' attacks on reproductive freedom in the wake of the U.S. Supreme Court's right-wing majority reversing Roe v. Wade in 2022, several states have passed protections via ballot measures, including 7 of 10 states in November. Another top priority in recent cycles has been measures to help workers, including raising the minimum wage.
"As Americans prepare for the conservative headwinds in Washington, ballot measures offer a way to circumvent regressive political agendas and partisan gridlock to make change for working families, according to the Fairness Project, an advocacy group that supports progressive citizen-led initiatives.
The Fairness Project last month released a report detailing how it "has an unmatched number of victories on progressive ballot measure campaigns across the country, having won a total of 39 campaigns across 20 states since 2016," including nine efforts in the last cycle.
"We won in some of the deepest red, most conservative places in our country," noted Kelly Hall, the group's executive director, in a statement. "We won against vehement opposition and politicians who tried to stack the odds in their favor. And we won on issues like abortion, paid leave, and raising the minimum wage—issues politicians have failed to advance for their constituents for decades."
"We're not stopping. In fact, we're going on offense," Hall added. "The power of ballot measures is that the American people don't have to wait—they can make change themselves. And we intend to support them with everything we have."
"Rescheduling marijuana and the prior round of pardons must not be the end of this administration's historic work," wrote the lawmakers.
Democratic lawmakers on Monday urged U.S. President Joe Biden to ensure that his administration's "historic work... to undo the damage of federal marijuana policy" would not end with the steps already taken over the past three years, calling on the president to "deprioritize" marijuana prosecutions before his term ends in January.
Led by Rep. Barbara Lee (D-Calif.) and Sen. Elizabeth Warren (D-Mass.), 14 members of the Democratic caucus applauded Biden for issuing a directive earlier this year that led health regulators to recommend marijuana be classified as a Schedule III substance under the Controlled Substances Act. For decades it has been classified as a Schedule I drug, considered to have no medical use and high potential for abuse.
The lawmakers urged the Drug Enforcement Administration (DEA) "to complete that process as soon as possible," but stressed that doing so would "not end federal criminalization, resolve its harms, or meaningfully address the gap between federal and state cannabis policy. Possession and use of recreational marijuana—and much state-legal medical marijuana—will continue to be a violation of federal law."
What would help to end criminalization at the federal level, said the lawmakers, is "a memorandum that would deprioritize seizing marijuana and prosecuting individuals and businesses for state-legal marijuana activity."
The DEA persists in carrying out major raids and seizures of marijuana plants and businesses, wrote the lawmakers—including Sen. Bernie Sanders (I-Vt.) and Reps. Ilhan Omar (D-Minn.) and Earl Blumenauer (D-Ore.). They pointed to raids carried out this year in New Mexico in which state police destroyed tens of thousands of pounds of "state-legal" marijuana plants.
"The Biden administration has the opportunity to further reduce the harms of marijuana's criminalization before the end of this administration."
"We urge you to issue a memorandum that would deprioritize seizing marijuana and prosecuting individuals and businesses for state-legal marijuana activity," reads the letter. "Today, federal sentences for marijuana possession are rare, with only 13 individuals sentenced for simple marijuana possession in 2023, compared to over 2,000 in 2015. Still, the threat of a federal conviction persists."
A memorandum from the Biden administration should also direct federal law enforcement to "deprioritize prosecutions of any future marijuana offenses that have been the basis of prior federal pardons, and deprioritize prosecutions of personal cannabis activities and cannabis activities that comply with state or tribal law," the lawmakers wrote.
Biden has been applauded for issuing pardons and commutations for people convicted of marijuana-related offenses, but the lawmakers noted that at least 3,000 people remain in federal prisons for such convictions.
"The Biden administration has the opportunity to further reduce the harms of marijuana's criminalization before the end of this administration by issuing another round of clemency and an updated memorandum on prosecutorial discretion for marijuana offenses," said the lawmakers.
President-elect Donald Trump's nominations for top government positions indicate potential mixed stances on marijuana policy in the incoming administration. His attorney general nominee, former Florida Attorney General Pam Bondi, opposed an amendment to legalize medical marijuana in the state, and Food and Drug Administration commissioner nominee Marty Makary has called marijuana a "gateway drug."
Robert F. Kennedy Jr., whom Trump has nominated to lead the Health and Human Services Department, has expressed support for medical marijuana legalization.
The lawmakers on Monday urged Biden not to leave major decision-making on cannabis policy up to Trump.
"Rescheduling marijuana and the prior round of pardons must not be the end of this administration's historic work to use its executive authority to undo the damage of federal marijuana policy," they wrote. "As we continue to work toward legislation to end the federal criminalization of marijuana and to regulate it responsibly and equitably, we urge prompt administrative action to tackle the harms of criminalization—particularly for the benefit of communities most harmed by the War on Drugs."