Warren, Lawmakers Seek Additional Progress on Federal Marijuana Law Before End of Biden Administration
Seek additional clemency, update on DOJ policy on prosecutorial discretion
Sen. Warren and lawmakers commend historic steps on federal marijuana policy, push for more progress to reduce harms
“We urge prompt administrative action to tackle the harms of criminalization — particularly for the benefit of communities most harmed by the War on Drugs.”
Washington, D.C. — U.S. Senators Elizabeth Warren (D-Mass.) and Ron Wyden (D-Ore.), alongside Representatives Barbara Lee (D-Calif.), Earl Blumenauer (D-Ore.), and Ilhan Omar (D-Minn.), led lawmakers in sending a bicameral letter to President Biden and Vice President Kamala Harris, urging the administration to make further progress on federal marijuana law before the end of the administration. The lawmakers applauded the historic steps the administration has taken to lessen the harms of marijuana criminalization and pushed the administration to take additional steps before the end of its term, including issuing another round of clemency and an updated memorandum on prosecutorial discretion for marijuana offenses.
“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,” wrote the lawmakers. “As we continue to work toward legislation to end the federal criminalization of marijuana and to regulate it responsibly and equitably, we urge prompt administrative action to tackle the harms of criminalization — particularly for the benefit of communities most harmed by the War on Drugs.”
The Biden-Harris Administration has taken historic steps to reduce harms caused by federal marijuana policy, including through pardons for individuals convicted of simple marijuana possession and plans to move marijuana from Schedule I to Schedule III of the Controlled Substances Act. The lawmakers urged the Drug Enforcement Administration to complete the rescheduling process as soon as possible — also underscoring the fact that doing so would not end federal criminalization, resolve its harms, or meaningfully address the gap between federal and state policy.
“Possession and use of recreational marijuana — and much state-legal medical marijuana — will continue to be a violation of federal law…The Biden Administration has the opportunity to further reduce the harms of marijuana’s criminalization before the end of this Administration,” wrote the lawmakers.
The lawmakers pushed President Biden and Vice President Harris to promptly expand clemency for individuals with marijuana-related convictions — specifically, another round of pardons and commutations to reduce sentences or end terms of incarceration — and urge state governors to expand marijuana clemency and decriminalize low-level marijuana conduct under state law.
The lawmakers also pushed the Department of Justice to issue an updated version of the Obama-era “Cole Memo” to deprioritize prosecuting individuals for marijuana offenses that have been the subject of federal pardons or that comply with state or Tribal law.
The following Senators signed on in support of the letter: Kirsten Gillibrand (D-N.Y.), John Hickenlooper (D-Colo.), Ben Ray Luján (D-N.M.), Bernie Sanders (D-Vt.).
The following Representatives signed on in support of the letter: Cory Booker (N-N.J.), James McGovern (D-Mass.), Eleanor Holmes Norton (D-D.C.), Jan Schakowsky (D-Ill.), and Dina Titus (D-Nev.).
“The Drug Policy Alliance proudly stands with federal policymakers in calling on the Biden Administration to expand clemency and issue an updated memorandum on federal enforcement priorities,” said Cat Packer, Director of Drug Markets and Legal Regulation for the Drug Policy Alliance. “The devastating and enduring impacts of cannabis criminalization demand urgent action. While these measures are not a replacement for the ultimate goal of ending marijuana criminalization, they represent immediate and impactful steps to reduce the harms of the status quo.”
Senator Warren has long fought to reform cannabis policy and provide justice to individuals currently and formerly incarcerated for cannabis-related offenses:
- In April 2024, Senator Warren and other lawmakers pushed the DEA to reschedule marijuana.
- In January 2024, Senators Warren and Fetterman led nine senators in a letter to the DOJ and DEA, urging the DEA to remove marijuana from Schedule I of the Controlled Substances Act.
- In November 2023, Senators Warren, Merkley, Raphael Warnock (D-Ga.) and Representative Blumenauer led 16 lawmakers in a letter to Secretary of the Treasury Janet Yellen and Financial Crimes Enforcement Network (FinCEN) Director Andrea Gacki, asking FinCEN to update its out-of-date guidance on marijuana-related businesses to promote fairness in financial services for marijuana businesses operating in states where marijuana is no longer illegal.
- In May 2023, at a hearing of the Senate Banking, Housing, and Urban Affairs Committee, Senator Warren highlighted the importance of passing the Secure and Fair Enforcement (SAFE) Banking Act, which would create a safe harbor from prosecution, asset forfeiture, or other liability for financial institutions that serve cannabis businesses, as a critical step toward helping cannabis businesses access safe banking services and protecting workers from the safety risks of working in cash-only businesses.
- In December 2022, Senator Warren and Representative Blumenauer led a bipartisan and bicameral group of lawmakers in a letter urging the Biden-Harris Administration to deschedule marijuana.
- In July 2022, Senators Warren and Sanders led a letter to President Biden, Attorney General Merrick Garland, and Health and Human Services Secretary Xavier Becerra, following up on previous requests that the administration use its authority to deschedule cannabis and pardon non-violent cannabis-related offenders.
- In November 2021, Senators Warren, Markey, and Merkley sent a letter to President Biden urging him to use his authority to pardon all individuals convicted of federal non-violent cannabis offenses.
- In October 2021, Senators Warren and Booker urged Attorney General Merrick Garland to decriminalize cannabis by removing the drug from the list of federally controlled substances.
- In March 2021, Senators Warren, Merkley, and Steve Daines (R-Mont.) cosponsoredthe bipartisan SAFE Banking Act to ensure that legal cannabis businesses have access to critical banking services.
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