Biden Issues Pardons, Looks at Pot Reclassification
President Joe Biden called on authorities to look at removing marijuana from a federal list of dangerous "Schedule 1" drugs that includes drugs such as heroin and LSD.
October 07, 2022 at 01:49 PM
6 minute read
Saying "it makes no sense," President Joe Biden pardoned thousands of people convicted of marijuana possession under federal law and instructed his administration to consider whether cannabis should get a new drug classification.
The president's announcement — four weeks ahead of the midterm elections — could eventually make it easier for marijuana companies to conduct business in Florida and throughout the country.
Biden called on authorities to look at removing marijuana from a federal list of dangerous "Schedule 1" drugs that includes drugs such as heroin and LSD. Florida law also classifies marijuana as a Schedule 1 drug.
Biden's pardons will affect about 6,500 people nationwide who were convicted of simple possession of marijuana under federal law from 1992 to 2021, according to The New York Times.
The president also urged governors to take similar steps to clear people convicted of state crimes involving simple possession of pot.
"Too many lives have been upended because of our failed approach to marijuana. It's time that we right these wrongs," Biden said in a statement issued by the White House.
Gov. Ron DeSantis' office did not immediately respond to a request for comment on whether he would consider such pardons.
Florida voters in 2016 approved a constitutional amendment legalizing medical marijuana for a broad swath of patients, and the state has more than 750,000 patients deemed eligible for the treatment.
The state's largest medical-marijuana operator, Trulieve, is helping to bankroll a proposal for the 2024 ballot that would legalize recreational marijuana use for adults over age 21.
Biden pledged pardons for simple marijuana-possession crimes as he campaigned for president more than two years ago.
Florida Agriculture Commissioner Nikki Fried, a former medical-marijuana lobbyist, called Biden's actions "an extraordinary step forward in the name of justice for the victims of unjust sentencing whose lives have been upended or even destroyed."
Fried, who lost a bid for the Democratic gubernatorial nomination in August to Charlie Crist, said she intends to call on DeSantis to address the issue at the state's next clemency board meeting. The board is made up of the governor and state Cabinet.
Marijuana advocates for years also have pushed for cannabis to be removed from the list of Schedule 1 drugs.
"The president is doing the right thing ordering a review of the classification of marijuana, and I am pleased to see that this will be an expedited process," Fried said in a prepared statement. "Today is a victory, and we owe you our gratitude for responding to our calls for justice, President Biden."
But changing the classification at the federal level, a process that could take years, would not have any immediate impact on Florida because of the state classification law.
The Republican-controlled Legislature has adopted a hard-line approach to marijuana. Lawmakers grudgingly rolled out the state's medical-marijuana program to comply with the 2016 constitutional amendment. As an example, they banned smokable marijuana until pushed by DeSantis to reverse course after he took office in 2019.
Legislative leaders also periodically have toyed with the idea of imposing caps on the level of euphoria-inducing THC in smokable medical marijuana.
Even so, industry insiders on Thursday were cautiously optimistic, noting that cannabis company stocks, which are traded on the Canadian stock exchange, jumped 30 to 40 percent after Biden's announcement.
"Anything's helpful for the cannabis industry right now. I think it's an important step forward," John Lockwood, an attorney who represents medical-marijuana operators, told The News Service of Florida. "But there's still a long way to go. The biggest thing is banking reforms and letting these companies do business like any other regulated business, but it's certainly a step in the right direction."
Because marijuana remains illegal under federal law, many banks will not handle marijuana operators' money. The companies also cannot take advantage of federal income tax breaks. A reclassification of marijuana could change that.
Biden on Thursday directed U.S. Department of Health and Human Services Secretary Xavier Becerra and Attorney General Merrick Garland "to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law." The president's statement pointed out that marijuana's Schedule 1 status ranks "even higher than the classification of fentanyl and methamphetamine — the drugs that are driving our overdose epidemic."
Trulieve CEO Kim Rivers praised Biden's "monumental actions to address long-overdue criminal justice and federal cannabis policy reforms."
"This is truly a life-changing day for thousands of individuals who have had their livelihoods and opportunities negatively impacted over simple cannabis possession charges," Rivers said in a statement.
Biden's move "is a recognition of the general sentiment nationally that seems to be in favor of legalization of marijuana or at least decriminalization of low-level marijuana offenses," attorney Jim McKee, who also specializes in medical-marijuana law, said in an interview.
But some people questioned whether Biden's action was a political move timed to generate enthusiasm among Democratic voters in the lead-up to next month's elections.
"I think this is a big deal only insomuch as the president is trying to get his supporters to vote for Democratic candidates in November. I hope I'm wrong, but I don't think I am," Tallahassee attorney Daniel Russell, who represents Fried in a lawsuit against the Biden administration challenging federal prohibitions against marijuana users buying guns, told the News Service.
The Justice Department has asked U.S. District Judge Allen Winsor to dismiss the lawsuit, arguing, in part, that marijuana users "pose a danger comparable to, if not greater than, other groups that have historically been disarmed," such as mentally ill people.
Winsor will hold a hearing in the lawsuit next week.
"Having been fighting the Department of Justice on this issue for six months, reading pleadings filed as of last week basically treating these medical patients like crack dealers, I'm delighted to see the president move on this issue," Russell, a lawyer with the Dean Mead firm, said.
Dara Kam reports for the News Service of Florida.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMiami’s Arbitration Week Aims To Cement City’s Status as Dispute Destination
3 minute readFrom ‘Deep Sadness’ to Little Concern, Gaetz’s Nomination Draws Sharp Reaction From Lawyers
7 minute readTrending Stories
- 1Friday Newspaper
- 2Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 3Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 4NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 5A Meta DIG and Its Nvidia Implications
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250