In a campaign video directed at “young voters” that she posted on X (formerly Twitter) in February, Vice President Kamala Harris claimed to have changed federal marijuana policy, stating that “nobody should have to go to jail just for smoking weed.” Similarly, during his State of the Union address in March, President Joe Biden announced the expunging of thousands of marijuana possession convictions, emphasizing that no one should be incarcerated for simply using or possessing marijuana.
However, both claims were found to be inaccurate. Biden and Harris aimed to appeal to younger voters, who overwhelmingly support marijuana legalization, by highlighting their administration’s “marijuana reform.” Despite this, Biden’s actions have not fully met his promises made during his 2020 campaign.
Although Biden announced a mass pardon in October 2022 for individuals convicted of simple marijuana possession under federal law and directed the Department of Health and Human Services to review marijuana’s classification under the Controlled Substances Act, these actions did not result in significant changes to federal marijuana policy. The pardon excluded individuals convicted of growing or selling marijuana, did not clear anyone’s record, and did not prevent arrests for marijuana possession.
Additionally, the recommendation by HHS to move marijuana to Schedule III, if followed by the DEA, would have limited practical consequences. While it would facilitate medical research and allow tax deductions for state-licensed cannabis suppliers, it would not decriminalize the cannabis industry or address key obstacles such as marijuana banking.
Ultimately, resolving the conflict between federal law and state laws legalizing marijuana would require repealing the federal marijuana ban, a step that Biden has been reluctant to support.
This article originally appeared in print under the headline “Biden Exaggerates Marijuana Reforms.”
