A coalition of 14 Democratic lawmakers is calling on President Joe Biden to take bold action on marijuana reform before his term ends.
In a letter addressed to Biden and Vice President Kamala Harris, prominent figures such as Senators Elizabeth Warren (D-MA) and Bernie Sanders (I-VT), along with Representatives Earl Blumenauer (D-OR) and Ilhan Omar (D-MN), praised the administration’s steps toward cannabis rescheduling but urged further action to address federal cannabis policies.
Beyond Rescheduling: Closing the Policy Gap
The lawmakers commended Biden’s move to initiate the rescheduling of marijuana to Schedule III but emphasized that this alone would not resolve federal criminalization or the discrepancies between state and federal cannabis laws.
Schedule III is a classification under the United States Controlled Substances Act (CSA) for drugs and substances that are regulated due to their potential for abuse, medical use, and safety profile. Substances in this category are considered to have a moderate to low potential for physical and psychological dependence, which places them in the middle tier of the five drug scheduling categories.
“Moving marijuana to Schedule III represents progress,” the letter reads, “but it will not end federal criminalization, resolve its harms, or meaningfully address the gap between federal and state cannabis policy.”
They stressed that even with the rescheduling, possession and use of recreational marijuana—and some forms of state-legal medical marijuana—would remain federal offenses.
Call for Broader Clemency
The lawmakers also highlighted the limited impact of Biden’s prior marijuana possession pardons, noting that they did not lead to any prison releases.
“President Biden should issue broader clemency—including another round of pardons and commutations to reduce sentences or end terms of incarceration—for individuals convicted of other cannabis-related offenses,” they wrote.
They also called on Biden to urge state governors to expand marijuana clemency efforts and decriminalize low-level marijuana offenses under state laws.
Deprioritizing Federal Prosecution
The letter also requested a memorandum to deprioritize federal enforcement against state-legal cannabis activities. While federal cannabis prosecutions have declined in states with legalized marijuana, the lawmakers warned that the threat of federal convictions still looms, undermining progress.
The group pointed to ongoing racial disparities in cannabis enforcement and cited recent instances of state-legal cannabis seizures by federal agencies like Customs and Border Protection (CBP), including in New Mexico.
Unified Voice for Change
Joining Warren, Sanders, and others in signing the letter were prominent Democrats such as Senators Cory Booker (D-NJ), Ron Wyden (D-OR), and Kirsten Gillibrand (D-NY), alongside Representatives Jan Schakowsky (D-IL) and Eleanor Holmes Norton (D-DC).
The lawmakers urged Biden to seize the moment and take decisive steps to address the lingering disparities and injustices tied to federal cannabis policy, signaling that while progress has been made, there is still much work to be done.
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