Asked in a new interview if the Biden administration would consider vacating federal criminal convictions related to marijuana, White House press secretary Karine Jean-Pierre incorrectly said the president had already taken that step. Ta. She also mentioned the government's plans to move marijuana to Schedule III of the Controlled Substances Act, seeming to imply that cannabis is safer than cocaine.
Jean-Pierre was speaking with Professor Wendy Osefo, author and host of “The Dr. Wendy Show,'' who recently visited the White House. In part of the interview, Osefo said her husband started his own cannabis company.
“Now that marijuana is becoming legal in some states, are there any discussions within the administration to vacate marijuana-related convictions?” she asked.
Jean-Pierre responded that Biden was “deleting it at the federal level and was able to get it done.”
In fact, the Biden administration has not vacated any federal marijuana-related convictions, but the president himself only acknowledged it in May, after repeated claims to the contrary.
Mr. Biden has repeatedly touted the mass amnesty he has granted for cannabis, demonstrating his campaign's understanding of the popularity of cannabis reform. But he has falsely suggested in the past that pardons expunge records, making that claim, for example, in this year's State of the Union address.
The distinction between pardons and expungements was noted in a 2022 Congressional Research Service report stating, “A pardon does not expunge a conviction and therefore may not remove all legal consequences of marijuana possession.'' ” he said.
Jean-Pierre's response in the new interview similarly misses that important distinction.
In any case, the spokesperson subsequently moved to change the schedule.
“We're considering rescheduling, right?'' Jean-Pierre said. “Something is happening and it's moving forward, but it's something the president is taking very seriously, you understand?”
She also reiterated the administration's restraint that “people should not be put in prison solely for marijuana use.”
“This is part of his campaign in 2020, and he's already taken action on it,” she said, but no one has been released from prison as a result of Biden's pardons. I didn't admit it.
Jean-Pierre then appeared to be trying to downplay the seriousness of marijuana compared to substances that are generally considered more powerful narcotics.
“That's not true. Cocaine is not marijuana,” she said. “It's just not the same.”
New episodes of The Dr. Wendy Show are now live!! I can sit with you @K_Jean Pierre Discuss everything from & #BidenHarris Cannabis reform policy by black Americans (scream) @HappyEddie__) Click the link below to take a look 👇🏾 #RHOP https://t.co/FWhUFNEWBp pic.twitter.com/CR8ggMc9ut
— Dr. Wendy Osefo (@WendyOsefo) October 14, 2024
Following a somewhat mixed response, Osefo noted that enforcement of historic cannabis prohibition has disproportionately affected people of color, particularly Black and brown communities.
“And that’s what he says,” jumped Jean-Pierre. “In fact, we've been saying it disproportionately impacts Black and brown communities, and we need to consider that.”
Biden's pardon for people with federal marijuana possession records represents a formal pardon from the government. The Justice Department is distributing certificates to eligible applicants for primarily symbolic documents, but the move does not seal court records.
The Office of the Pardon Attorney said in a communication to recipients that the certificate “certifies that a person has been pardoned pursuant to the Declaration.”
“A pardon means you are forgiven, but your criminal record still remains,” it clarifies.
And while Biden may have since adjusted his rhetoric to reflect the reality of the amnesty package, he has not indicated he is prepared to provide relief for crimes beyond simple possession. In fact, he specifically states that growing and distributing cannabis is a “separate transaction.”
On this issue, there are still people in federal prison for non-violent marijuana offenses. Advocates are calling on the Biden administration to take further action, including keeping a key cannabis campaign promise: decriminalizing marijuana.
On Monday, Vice President Kamala Harris pledged to federally legalize marijuana and ensure access to it is “the law of the land.”
If elected, she would work to “legalize marijuana nationally and work with Congress to ensure the safe cultivation, distribution, and possession of recreational marijuana is the law of the land.” “We will break down the unjust legal barriers that hold back other Americans.” This was announced by the Harris campaign.
The Democratic presidential candidate's marijuana plan would “legalize marijuana at the federal level to break down the unjust legal barriers that stand in the way of black men and other Americans,” as her campaign seeks to capture the African American vote. It is part of what we call the Opportunity Agenda, which aims to capture the Especially men.
To this end, Harris will “fight to ensure that Black men, who have long been over-policed for marijuana use, have access to wealth and jobs in this new market as the nation's cannabis industry takes shape.” says the camp.
In contrast, the vice president's new plan states that former President Donald Trump's administration “threatened federal marijuana prosecutions in states where marijuana use is legal and enacted marijuana possession laws to put Black Americans in prison.” “It continues to be used unfairly and unjustly.”
This appears to be a reference to the first attorney general's removal of Obama-era enforcement guidelines that generally directed prosecutors to respect state marijuana laws. However, this move was not followed by a large-scale crackdown on state-legal cannabis businesses.
Last month, Harris revealed that she still supports marijuana legalization. Harris previously championed marijuana legalization as a senator, but has not publicly discussed it since becoming President Joe Biden's vice presidential nominee in 2020.
Also last month, Democratic vice presidential candidate Tim Walz said he believes marijuana legalization is an issue that should be left to individual states, and that he hopes to elect more Democrats to Congress to ensure federal reforms such as cannabis bank protection. It could also make it easier to pass reforms, he added.
Meanwhile, former President Donald Trump (R) recently said while campaigning for a second term that he now supports federal marijuana rescheduling and access to marijuana banks.
“As President, we will continue to focus on research to unlock the medical use of marijuana for Schedule 3 drugs and implement common-sense measures such as safe banking for state-chartered businesses and support for states’ rights to pass marijuana laws. “We will continue to work with Congress to pass legislation that, like Florida, is working very well for our people,” President Trump posted on social media last month.
President Trump also recently discussed the medical benefits of marijuana, saying legalization would be “very good” for Florida and that Florida would consider reform at the polls in the November election.
But the Harris-Waltz campaign accused Trump of lying about his support for marijuana reform and argued that Trump's “blatant pandering” contradicted the Trump administration's record on marijuana.
After President Trump recently announced his support for a Florida marijuana legalization ballot measure, Democratic campaigns have been working to remind voters that Trump “rolled back marijuana reform” during his time in office.
The presidential candidates' stance comes as the process of moving marijuana to the less restrictive Schedule III of the Controlled Substances Act (CSA) is underway.
The Department of Health and Human Services (HHS) recommended this spring that the drug be reclassified as Schedule III, but the move has faced resistance from the Drug Enforcement Administration (DEA), which announced that A public hearing on the proposal is scheduled for Dec. 2. There are growing concerns that the process will not be completed until a new president is sworn in.
As president, Mr. Trump largely stuck to his position that marijuana laws should be handled at the state level, a move that some feared after then-Attorney General Jeff Sessions rescinded Obama-era federal enforcement guidelines. There was no large-scale crackdown on marijuana programs. In fact, President Trump criticized Justice Department officials and suggested the measure should be reversed.
He has remained largely silent on the issue of legalization, but he tentatively supported a bipartisan bill that would codify federal policy to respect states' legalization rights.
However, he has issued several signing statements on spending legislation, saying he reserves the right to override longstanding provisions prohibiting the Justice Department from using the funds to interfere with state medical marijuana programs. stipulated.
Elon Musk-backed organization donates $500,000 to anti-marijuana legalization efforts in Florida
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