by William G. Roark
On October 6, 2022 President Biden, in two significant moves, shifted U.S. policy on marijuana. First, the President used his constitutional authority to pardon individuals with federal offenses for simple marijuana possession. Second, the President took specific action concerning marijuana’s status as a schedule 1 drug under the Controlled Substances Act. The question, though, is what happens next?
First, by issuing the pardons, the President aimed to address the “collateral” consequences of federal convictions such as denial of employment, housing or educational opportunities. The pardons will directly impact the lives of thousands of individuals across the country. The pardons also serve as an important step in the restorative justice goals of any cannabis regulation. Unfortunately, however, those burdened by such past crimes are far more likely to have been prosecuted under state law than the Controlled Substances Act. Until a similar pardon is made at the state or commonwealth level, more work on this front is needed.
Second, the ramifications of reclassifying marijuana cannot be overstated. While almost 40 states have legalized marijuana for either medical or adult use, the substance remains illegal under Federal Law and is treated the same as LSD or heroin. This classification has frustrated the industry and limited its ability to access fundamental business needs such as banking and insurance.
Under the Controlled Substances Act, the power to reschedule marijuana rests with the Attorney General. As such, Biden has directed the Department of Justice and the Department of Health and Human Services to review marijuana’s classification. While a similar review was conducted – and ultimately denied – under the Obama administration, there is genuine optimism that this time will be different.
If reclassified, then you can expect the exponential growth we saw in the late 2010s will return to the marijuana industry. For example, this may be just the push Pennsylvania’s General Assembly needs to pass our long-awaited adult use bill. Industry insiders and eager entrepreneurs are already betting such a move is right around the corner. The bottom line? The marijuana industry continues to move forward – and now at a seemingly increasing pace. As a result, the likelihood that you or your business will encounter a marijuana related legal question is only going to increase.
So, contact us if you have any questions about how an expanding marijuana industry can impact you. Since 2014, our lawyers have been working in the regulated cannabis space and can help you navigate this constantly changing legal field.
