Does Joe Biden Need Federal Marijuana Legalization to Win in November?

In his recent State of the Union address, President Joe Biden reiterated his stance that no one should be imprisoned for cannabis use and touted his administration's actions to reevaluate federal marijuana restrictions. However, while these steps are a move in the right direction, there is still much more to be done, as cannabis remains a Schedule I Substance under the Controlled Substances Act.

In October 2022, Biden issued two executive orders: one pardoning some individuals with nonviolent federal marijuana records and another directing the Department of Health and Human Services to scrutinize the available science about cannabis and recommend whether it should be moved to a different schedule under the Controlled Substances Act.

Cannabis is currently categorized as a Schedule I drug, the same classification as heroin, which means it is considered to have no medical benefit and a high propensity for abuse. The HHS review concluded that there is evidence that marijuana could help people with chronic pain and recommended that cannabis be moved to Schedule III, which means it's deemed to have some potential for abuse but also some medical uses.

While Biden boasted about expunging thousands of cannabis records, his executive order used different language — it said he would issue pardons to people with cannabis offenses. This distinction is important because an expunged record allows individuals to say they do not have a criminal record on a job application or background check, while those with pardoned records cannot.

Biden's mention of these actions in his State of the Union address signals that he cannot ignore the interest in cannabis policy from voters, particularly young voters who have been turned off by a lack of action on student loans and Biden's failure to call for a ceasefire in the Gaza war.

Despite these steps, there is still much more to be done. The fact that cannabis remains a Schedule I Substance under the Controlled Substances Act means that it is still considered to have no medical benefit and a high propensity for abuse, despite evidence to the contrary. There is a need for further research and a reevaluation of the classification of cannabis to reflect its potential medical benefits and lower potential for abuse.