Navigating the Complexity of Marijuana's Legal Status Amid Biden's Pardons

President Joe Biden has recently taken steps to expand pardons for individuals convicted of marijuana-related offenses, garnering significant attention. However, the complexity of state laws means that the majority of convictions remain unaffected by these actions. Biden initially announced in October 2022 that he would be extending pardons to individuals convicted of simple possession under federal law.

This latest announcement broadens the scope to include attempted possession and marijuana use on federal lands and in Washington D.C., but notably excludes pardons for convictions at the state level.

The President emphasized the injustice of individuals being incarcerated for marijuana offenses, whether at the federal or state level, as the rationale behind these pardons. Despite this sentiment, experts caution that the impact of these pardons is limited due to their lack of application to individuals convicted on state charges, which make up the majority of marijuana-related cases. The ongoing classification of marijuana as a Schedule I substance by the US Drug Enforcement Administration further complicates the legal landscape.

While there have been discussions around potentially reclassifying marijuana as a Schedule III drug, the regulation of marijuana laws predominantly falls within the purview of individual states. This decentralized approach often results in a maze of consequences for individuals caught in possession of marijuana, with various factors such as state laws, quantity possessed, and type of cannabis playing a role in determining outcomes. Even in states where marijuana possession is fully legalized, there remains a disconnect with federal law, leading to confusion and legal challenges for many Americans.

The National Organization for the Reform of Marijuana Laws reported a decrease in marijuana-related arrests in 2020, attributed to changes in state legislation. However, the complex legal landscape underscores the need for comprehensive and uniform reforms across all jurisdictions to address the challenges faced by those entangled in the system.