Time Is Running Out: Will Biden Finally Deliver on Federal Marijuana Reform?

With the clock winding down on President Biden’s first term, a group of progressive lawmakers is pushing the administration to take bold action on federal marijuana reform. In a letter addressed to Biden and Vice President Kamala Harris, prominent Democratic leaders, including Reps. Barbara Lee (Calif.), Earl Blumenauer (Ore.), and Ilhan Omar (Minn.), along with Sens. Elizabeth Warren (Mass.) and Ron Wyden (Ore.), urged immediate steps to address the federal criminalization of cannabis.

The lawmakers’ demands come amid growing frustration with the slow pace of reform, particularly as public support for marijuana legalization continues to rise and state laws increasingly diverge from federal policy.

At the heart of the letter is a request for the administration to move marijuana from a Schedule I drug — the strictest classification under federal law, reserved for substances deemed to have no medical value — to Schedule III. While this shift would acknowledge some medical utility and reduce the severity of penalties associated with cannabis, the lawmakers argue it is not enough.

1“Rescheduling marijuana will not end federal criminalization, resolve its harms, or meaningfully address the gap between federal and state cannabis policy,” the letter states.

The lawmakers called on Biden to expand his efforts, including issuing broader clemency for individuals with federal marijuana-related convictions and updating policies that continue to disproportionately impact communities affected by the War on Drugs.

President Biden’s previous efforts to address cannabis-related incarceration have yielded mixed results. In 2022, he issued pardons for federal convictions involving simple possession, a move that was celebrated as historic but ultimately released few individuals from prison.

“Sending people to prison for possessing marijuana has upended too many lives,” Biden said at the time, emphasizing the lasting barriers criminal records impose on employment, housing, and education. However, advocates and lawmakers note that the pardons left many others still incarcerated for broader cannabis-related offenses.

The letter estimates that 3,000 individuals remain in federal prisons for offenses beyond simple possession, highlighting the need for broader clemency measures. Lawmakers are also urging state governors to follow Biden’s example and expand marijuana-related pardons at the state level.

Another key recommendation from the letter involves the revival of the Obama-era “Cole Memo,” a Department of Justice policy that deprioritized the prosecution of marijuana offenses in states where the substance is legal. Reviving and updating this guidance would create more alignment between state and federal policies, reducing uncertainty for businesses and individuals operating legally under state law.

The urgency behind the lawmakers’ demands stems from the rapidly approaching end of Biden’s first term. While President-elect Trump’s recent statements suggest he may be open to cannabis reform, his nominations for key roles in his administration tell a different story.

Trump’s nominee for FDA Commissioner, Marty Makary, has described marijuana as a “gateway drug,” and his pick for Attorney General, Pam Bondi, has a history of opposing cannabis legalization. Advocates worry that momentum for reform could stall under the next administration, particularly if federal cannabis policy remains inconsistent.

Lawmakers are framing cannabis reform as a critical opportunity for Biden to cement his legacy as a champion of justice and equality. 2“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,” the letter urges.

Advocates and lawmakers alike see marijuana reform as a chance to address the enduring consequences of the War on Drugs, which has disproportionately impacted communities of color and low-income individuals. While rescheduling would represent progress, broader clemency, updated enforcement priorities, and legislative efforts to decriminalize marijuana remain essential steps.

As Biden’s term draws to a close, the call for urgent action underscores the need for leadership on cannabis reform. Whether through executive orders, clemency initiatives, or guidance to federal agencies, the administration has an opportunity to address decades of harm and align federal policy with the realities of state legalization and public opinion.

For Biden, the choice is clear: take decisive action now or risk leaving cannabis reform unfinished for the next administration to navigate.

Should President Biden make marijuana reform a top priority before his term ends?