Biden Right on Marijuana Policy

President Joe Biden has finally taken initial steps to correcting both an injustice and bad health policy by instructing the Department of Justice to begin the process to issue full and unconditional pardons for citizens and legal residents with a federal conviction for simple possession of marijuana. This pardon will help thousands with prior convictions seeking housing, employment, benefits, and educational opportunities who are currently ineligible based on federal statutory or regulatory bars on individuals with prior drug convictions. The House passed a bill in 2020 that would have legalized and tax marijuana but the Senate never voted on it.

The President has asked the Secretary of Health and Human Services and the Attorney General to begin the administrative process of reviewing how marijuana is scheduled under federal law. Marijuana is currently a Schedule I drug, treated the same as heroin and LSD and more strictly than fentanyl and methamphetamine – the drugs driving our overdose epidemic. Changing how marijuana is scheduled would advance research and facilitate the appropriate medical use of marijuana.

Until 1916 marijuana was legal in all U.S. states, by 1931 29 states had outlawed it, then came the Marihuana Tax Act of 1937 which outlawed it nationally over objections from the American Medical Association regarding medical usage. Most historians familiar with the topic agree that the scare tactics used to encourage making possession and use illegal even for well documented medical purposes were just cover for racism against Mexican and Black men who were the primary recreational users.  One way to know the laws and their enforcement are racist is that white and Black and brown people use marijuana at similar rates, a disproportionate number of people arrested and convicted are Black and brown. According to historian Eric Schlosser’s article in The Atlantic “Police officers in Texas claimed that marijuana incited violent crimes, aroused a ‘lust for blood,’ and gave its users ‘superhuman strength’.” Apparently police aren’t any better witnesses than civilians as anybody who has been around a marijuana user will disagree with those characterizations. Lust for food maybe, but there’s much more evidence of alcohol fueled violence.

Laws and enforcement tightened further over the next three decades until middle and upper class whites started getting arrested at which point most states backed off due to political pressure.  Then in 1976 a parent's movement against marijuana began affecting public attitudes which lead to the 1980s War on Drugs. Mandatory sentences were re-enacted by President Reagan including the "three strikes you're out" policy, requiring life sentences for repeat drug offenders. The failed War on Drugs has persisted ever since.

I am particularly interested in the use of marijuana for treating chronic pain as my wife suffers from it and has been prescribed opiates like morphine and fentanyl which can both be highly addictive unlike marijuana.

President Biden has urge all Governors to follow his lead and issue pardons for state marijuana possession offenses. Just as no one should be in a federal prison solely due to the simple possession of marijuana, no one should be in a local jail or state prison for that reason, either. Gov. Abbott’s press office responded that he no intention of following Biden’s lead. Abbott’s Democratic opponent, Beto O’Rourke, on the other hand says he’ll work to legalize marijuana in Texas and expunge the record of those convicted of possession.

Social justice, new treatments for pain and other ailments, and better use of criminal justice resources, all from one change in policy. I’m voting for Beto O’Rourke for Governor of Texas and I hope you will too.

Published in the Seguin Gazette - October 12, 2022