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We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

FEDERAL MARIJUANA REFORM GAINS TRACTION

Donald Trump last week signaled support for a federal policy shift to reclassify marijuana as a less dangerous drug, putting his position in line with that of his Democratic opponent, Kamala Harris.

Unlike Harris, Trump has not gone so far as to endorse repealing federal pot prohibition, a move that voters overwhelmingly favor. But his statements on marijuana reform suggest he recognizes the political potency of this issue.

According to the US Cannabis Council, this marks the first time that both major-party presidential candidates have supported broad cannabis reform.

Trump, the Republican presidential nominee, posted on his social media platform last week that “I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use… We must also implement smart regulations, while providing access for adults to safe, tested product.”

Trump also has said he supports the Biden administration’s plan to move marijuana from Schedule I of the Controlled Substances Act (CSA) – the most restrictive category – to Schedule III, which includes prescription drugs such as ketamine, Tylenol with codeine, and anabolic steroids. “As President,” Trump wrote, “we will continue to focus on research to unlock the medical uses of marijuana [as] a Schedule 3 drug.”

That reclassification would facilitate cannabis research and be a financial boon to the cannabis industry. However, the sale of marijuana would remain a criminal offense under the CSA.

When Biden proposed rescheduling in October 2022, he promised to complete the job by the end of 2024. Two weeks ago, the Drug Enforcement Administration announced that it would hold a public hearing on the marijuana rescheduling ion December 2. That makes completing the rescheduling before 2025 unlikely.

Last week, The Last Prisoner Project and bipartisan 420 Unity Coalition partners launched the #Countdown4Clemency campaign, calling on Biden to commute the sentences of an estimated 3,000 prisoners doing time for marijuana convictions.

“Time is running out on President Biden’s term, but it is not too late for him to undo the harms inflicted on families impacted by cannabis criminalization,” LPP Executive Director Sarah Gersten said. “With his clemency powers, the president has the opportunity to right history and restore justice by fulfilling his promise that no one should be in jail for cannabis.”

Associated Press, Trump signals support for reclassifying pot as a less dangerous drug, in line with Harris’ position (September 9, 2024)

Reason, Trump Endorses Federal Marijuana Reforms and Reiterates His Support for Legalizing Pot in Florida (September 9, 2024)

#Countdown4Clemency Campaign Calls on Biden to Keep Promise, Free 3,000 People Incarcerated for Cannabis (September 10, 2024)

Federal Register, Schedules of Controlled Substances: Rescheduling of Marijuana (89 FR 70148, August 29, 2024)

– Thomas L. Root

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

MARIJUANA BECOMING OFFICIALLY ‘COOL’

The Justice Department last Tuesday said that it had recommended easing restrictions on marijuana in what could amount to a major change in federal policy.

A DOJ spokeswoman said the proposed rule, which hasn’t yet been made public, would downgrade marijuana from Schedule I to Schedule III, making it obtainable with a prescription.

The change does not end the criminalization of the drug. However, it is a significant shift in the government’s view of the safety and use of marijuana for medical purposes and reflects President Biden’s effort to liberalize marijuana policy in a way that puts it more in line with the public as increasingly more Americans favor legalizing the drug. The proposal would recognize the medical uses of marijuana and acknowledge it has less potential for abuse than some of the nation’s more dangerous drugs.

Rescheduling would not legalize marijuana outright for recreational use. But there can be little doubt that such a change–recreational cannabis (the politically popular term for marijuana) is now legal in 24 states–is coming.

The change may also lead to beneficial changes in Section 2D1.1 of the U.S. Sentencing Guidelines, where the base offense level for marijuana could drop in response to its falling from Schedule I to III.

In October 2022, Biden pardoned thousands of people convicted of simple marijuana possession under federal law and called upon regulators to review whether the drug should be reclassified, saying “it doesn’t make sense” that the government controls pot more tightly than cocaine or fentanyl.

Once the Office of Management and Budget signs off, the DEA will take public comment on the plan to move marijuana from its Schedule I–alongside heroin and LSD–to Schedule III, alongside ketamine and some anabolic steroids. After public comment and review by an administrative judge, the agency will publish the final rule.

“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” DOJ Director of Public Affairs Xochitl Hinojosa said in a statement. “Once published by the Federal Register, it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.”

The Los Angeles Times said, “Late last year, Biden pardoned people who were convicted of using marijuana on federal land. That tiny step was merely a down payment on his promise of decriminalization. So is the Justice Department’s most recent move. The federal government should pick up the pace.”

Some in the government may have done so. Last Wednesday, Senate Majority Leader Charles Schumer, (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR), and Sen Cory Booker (D-NJ) reintroduced the Cannabis Administration and Opportunity Act, legislation to end federal marijuana prohibition by removing it totally from the Controlled Substances Act.

The bill also aims to empower states to create their own cannabis laws; ensure federal regulations protect public health and safety; and prioritize restorative and economic justice, according to the sponsors.

While the DEA’s move to reclassify marijuana is a “necessary step” that’s “long overdue,” Schumer said, it’s not the end of the story. “It’s not all we need to do,” he said. “It’s time for Congress to wake up to the times and do its part by passing the cannabis reform that most Americans have wished for. It’s past time for Congress to catch up with public opinion and to catch up with the science.”

New York Times, Justice Dept. Recommends Easing Restrictions on Marijuana (April 30, 2024)

Wall Street Journal, Biden Administration Aims to Reclassify Marijuana as Less Dangerous Drug (April 30, 2024)

Associated Press, US poised to ease restrictions on marijuana in historic shift, but it’ll remain controlled substance (April 30, 2024)

Los Angeles Times, Editorial: Reclassifying marijuana is not decriminalization, but is a welcome step in that direction (May 1, 2024)

Cannabis Business Times, Senate Democrats Introduce Bill to Federally Legalize Cannabis (May 1, 2024)

S.4226, A bill to decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes (May 1, 2024)

– Thomas L. Root