Democrats Call On Biden to Limit Marijuana Prosecutions Before End of Term

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."