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President Joe Biden is officially moving forward with plans to loosen federal marijuana restrictions.
He announced on May 16 that his administration plans to reclassify cannabis from the most restrictive category on the federal list of illegal drugs to a moderately restrictive category. A recent national poll showed that 65 percent of 18- to 25-year-old likely voters expressed support for the administration’s recommendation to move marijuana to a less stringent classification under federal law, compared with just 14 percent who indicated opposition. Biden reiterated past statements that no one should be in jail for using or possessing marijuana. “Far too many lives have been upended because of [our] failed approach to marijuana,” he said. “And I’m committed to righting those wrongs. You have my word on it.” In announcing the move, DOJ published formal guidance laying out the reclassification, as well as a report from the agency’s Office of Legal Counsel detailing the rationale for the move. Once the notice for rulemaking is posted in the federal registry, a 60 day comment period commences — the next step in the rescheduling process.
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On October 6, 2022, President Biden issued a presidential proclamation that pardoned many federal and D.C. offenses for simple marijuana possession offenses. On December 22, 2023, President Biden issued another proclamation that expanded the relief provided by the original proclamation. The December 2023 proclamation adds to the list of pardoned offenses the following: offenses under federal law for attempted possession of marijuana; additional offenses under the D.C. Code for simple marijuana possession; and violations of certain sections of the Code of Federal Regulations involving simple marijuana possession and use. The December 2023 proclamation also extends the original proclamation by pardoning offenses for simple possession of marijuana in violation of federal law prior to December 22, 2023. Both the October 2022 and December 2023 proclamations apply only to federal offenses, including violations of the U.S. Code, the D.C. Code, and the Code of Federal Regulations.
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