Biden Exaggerates His Work To Reform Marijuana Policy
In a campaign video directed at “young voters” that she posted on X (formerly Twitter) in February, Vice President Kamala Harris bragged that “we changed federal marijuana policy, because nobody should have to go to jail just for smoking weed.” During his State of the Union address in March, President Joe Biden said he was “expunging thousands of convictions for the mere possession [of marijuana], because no one should be jailed for simply using or have it on their record.”
Neither claim was accurate. It is not surprising that Biden and Harris would try to motivate younger voters, whose turnout could be crucial to their reelection, by highlighting their administration’s “marijuana reform,” since those voters overwhelmingly favor legalization. But the steps Biden has taken fall far short of that goal, and his description of them exaggerates what they accomplished.
During his 2020 campaign, Biden promised to “decriminalize the use of cannabis” and “automatically expunge all prior cannabis use convictions.” He has not delivered on either promise, which would require new legislation.
In October 2022, Biden announced a mass pardon for people convicted of simple marijuana possession under federal law and directed the Department of Health and Human Services (HHS) to review the drug’s classification under the Controlled Substances Act. Neither of those moves actually “changed federal marijuana policy.” Nor did they free any prisoners (because the pardons excluded people convicted of growing or selling pot), clear anyone’s record (because pardons do not entail expungement), or prevent arrests for marijuana possession, which under federal law remains a misdemeanor punishable by a minimum $1,000 fine and up to a year in jail.
HHS ultimately recommended
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