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Cannabis Industry, Lawmakers React to Biden's Federal Cannabis Policy Reform Efforts

Biden announced Oct. 6 a three-step plan to pardon all federal simple cannabis possession offenses, urge state governors to pardon state-level offenses, and review how cannabis is scheduled under the Controlled Substances Act.

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President Joe Biden announced Oct. 6 that he has crafted a three-step plan to help fulfill his campaign promise of federal cannabis policy reform—and reactions to the news have since poured in from across the country.

As Cannabis Business Times reported, Biden's plan includes pardoning all federal offenses of the simple possession of cannabis, urging all state governors to pardon state-level offenses of simple cannabis possession, and asking Secretary of Health and Human Services Xavier Becerra and Attorney General Merrick Garland to initiate an administrative process to review how cannabis is scheduled under federal law.

Industry reactions to Biden's statement have been mostly positive, although some have argued that the proposal still does not go far enough to end the war on drugs and address the obstacles that state-licensed cannabis businesses face in their daily operations due to the conflict of federal and state laws.

Here, CBT has rounded up some of the reactions from lawmakers and industry on Biden's statement.

“Many of the efforts taken and proposed by the president today are long overdue. For nearly two years, NORML has called upon the administration to fulfill the president’s campaign promise to provide relief to those stigmatized with a low-level cannabis conviction. We are pleased that today President Biden is following through on this pledge and that he is also encouraging governors to take similar steps to ensure that the tens of millions of Americans with state-level convictions for past marijuana crimes can finally move forward with their lives. Since 1965, nearly 29 million Americans have been arrested for marijuana-related violations—for activities that the majority of voters no longer believe ought to be a crime.

“Moving forward, the administration must work collaboratively with Congressional leadership to repeal America’s failed marijuana criminalization laws. Nearly half of voters now agree that legalizing marijuana ought to be a priority of Congress, and such action can only be taken by descheduling cannabis and repealing it from the U.S. Controlled Substances Act—thereby regulating it in a manner similar to alcohol. Congress should be inspired by the administration’s actions today to act quickly and send legislation to the president's desk that would help close this dark chapter of our history.”

-Erik Altieri, Executive Director, NORML

"Today is a huge step forward in the fight to restore lives destroyed by the criminalization of cannabis. I echo President Biden's call for states to do the same and repair harms done by the failed war on drugs by pardoning all non-violent cannabis convictions. A review by HHS of how cannabis is scheduled is welcome, but those of us who have been advocating for reform, we already know that a comprehensive federal solution is needed. Legal protections for victims of the war on drugs should be codified in law, cannabis should be descheduled and a federal regulatory system should be put in place to protect public health and safety. Leader Schumer, Sen. Booker and I have the bill to get it done. I look forward to working with President Biden to build on today's movement and advance commonsense cannabis reform.”

-Sen. Ron Wyden, D-Ore., Senate Finance Committee Chair

“With nearly two thirds of Americans in agreement on the need for federal cannabis reform and 76% of Republicans in support of the federal government removing any obstacles if states choose to legalize cannabis, I’m pleased to see the White House begin to seriously engage on the topic.

“The president has acted. Now it’s time for Congress to do the same. Passing bills that simply check the box on this issue won’t get the job done. We need legislation that can establish the bipartisan consensus necessary to become law."

-Congressman Dave Joyce, R-Ohio

“MPP is grateful for the action President Biden has taken today, which is a historic step forward towards reducing the lasting harm from the failed war on cannabis that has disproportionately impacted Black and brown people and economically challenged communities across the country. Not only will thousands of lives be improved by removing this burden, but it also sends a powerful message to states that it is time to end prohibition and give people the tools they need to live full productive lives without the shackles of the criminal justice system. 

“This news will generate continued momentum in the five states where cannabis is on the ballot in November and should our advocates on the ground be successful, half of all states in our nation will have legalized cannabis.”

-Toi Hutchinson, President and CEO, Marijuana Policy Project 

“We commend this important and necessary step to begin the process of repairing the harms of prohibition and look forward to working with Congress and the administration to develop policies that would ultimately solve the underlying problems in our outdated cannabis policies. It’s imperative that we finally harmonize state and federal laws so that Main Street cannabis businesses can supplant underground markets and nobody is ever again put behind bars for a nonviolent marijuana crime. Removing cannabis from the federal Controlled Substances Act is the only way to achieve those goals.”

-Aaron Smith, Co-Founder and CEO, National Cannabis Industry Association

“It’s a relief to see positive movement from the Biden White House for mass marijuana pardons and a call to review cannabis scheduling. The federal government’s lack of clear guidance on scheduling and the enforcement of 280E has put the cannabis industry in a death spiral. In addition to pardoning prisoners who are locked up for an activity that the majority of Americans now have access to, we as an industry desperately need one simple bill passed: SAFE Banking. If Congress cannot pass SAFE banking by Dec. 31, the government is effectively strangling the industry. You don’t have to dig deep past the daily headlines to find an industry mired in unfair taxation without representation. I'm thankful to hear Biden call for mass marijuana pardons. Now Congress must find a path forward for SAFE Banking.”

-Joe Caltabiano, Founder, JSC Fund and Co-Founder, Cresco Labs

"This is a critical first step towards addressing the wrong of the war on drugs, which over decades resulted in the disproportionate incarceration of communities of color in America. We encourage governors across the country to follow President Biden’s lead and pardon those convicted of cannabis possession at the state level, which comprise the vast majority of those convicted of cannabis crimes. We are also highly encouraged that President Biden is initiating a review of the federal scheduling of cannabis.

“Cannabis has the potential to be one of the most powerful economic engines in the United States over the next decade, but only if the punitive measures created by the current policy of federal cannabis prohibition are lifted."

-Troy Datcher, CEO, The Parent Company

"This represents a major step in righting the wrongs of the past and amending policies that have negatively impacted so many. Despite cannabis being legal in more than two-thirds of the country, the ‘war on drugs' continues to fail our fellow Americans—disproportionately targeting Black and brown Americans and disenfranchised communities. We often think of a criminal sentence as only the time spent imprisoned, but even after the sentence, people remain in ‘paper handcuffs,’ as their record follows them around, preventing access to basic necessities like jobs, housing and healthcare. These pardons will remove the paper handcuffs and empower people to have a fresh start, providing new opportunities for them, their families, and their loved ones and healing communities."

-Khari Edwards, Head of Corporate Social Responsibility, Ayr Wellness

“While this is a great first step, I believe more political pressure should be applied, and is needed in order to get President Biden to finally stand on the right side of history. This includes calling on him to immediately reinstate the Obama-era Department of Justice memos and guidance, enabling the Department of Veterans Affairs to write cannabis recommendations and changing the rules at Housing and Urban Development and the Department of Education, so that the rights of patients and consumers who live in areas where cannabis is currently state-legal are protected. The latter doesn’t even require Congress to act. Frankly, it is beyond disappointing that President Biden has not done more to protect some of the most vulnerable veterans, patients, students and disenfranchised Americans, who have been unfairly treated and targeted for decades. While we commend President Biden on catching up with where two-thirds of Americans have been—there is a lot of work yet to be done.”

-Jigar Patel, Co-Founder and CEO, NorCal Cannabis

"President Biden’s executive order is a major step in the right direction for those who have been disproportionately affected by the criminalization of cannabis, and for the forward movement of the industry at large. Not only is this a critical piece of criminal justice reform, it is also the first positive movement we have seen from the Biden administration with potential to have major impact on the legal cannabis industry.

"American voters have made clear, repeatedly, that they favor cannabis legislative change. The potential rescheduling of cannabis would have huge implications for 280E tax reform and SAFE banking, both of which would make a significant impact on the industry, particularly for small and social equity businesses.

"With this executive order in action, the passage of SAFE is even more critical, not only for the growth of established players but for social equity applicants to thrive and for independent business owners to compete and operate in a safer, cash-free environment."

-Matt Darin, CEO, Curaleaf

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