The U.S. Has Seen A Radical Change On Marijuana Legalization

From the Pew Research Center. 

60% Of Texas Support Legalizing Marijuana

The chart above is from the Texas Lyceum Poll -- done between April 12th and 21st of 1,000 adults in the state of Texas. It has a 2.83 point margin of error. 

A Majority Have Tried Marijuana And Want It Legalized

The charts above are from the YouGov Poll -- done between April 25th and 28th of a nationwide sample of 1,134 adults, with a 4 point margin of error.

There Is Strong Support For Marijuana Legalization

The charts above are from the YouGov Poll -- done between April 5th and 8th of a nationwide sample of 1,148 adults, with a 4 point margin of error. 

Most Americans Favor Legalizing Marijuana

 

The charts above reflect the results of a survey done by the Pew Research Center. Between January 16th and 21st, they questioned a nationwide sample of 5,140 adults. The margin of error for the survey was 1.7 points.

A Record 70% Of The Public Supports Legalizing Marijuana

 

The charts above are from the Gallup Poll -- done between October 2nd and 23rd of a nationwide sample of 1,009 adults, with a 4 point margin of error.

68% Say The Use Of Marijuana Should Be Legal

The chart above is from the Civiqs Poll. They questioned at least 1,000 adults each week between April 24th of 20117 and October 15th of 2023, and the desire for legal marijuana has remained strong in all that time (currently 68%). The chart below (from that same poll) shows the current demographic breakdown.

 

HHS Department Recommends Marijuana Reclassification

This article is by Julie Tsirkin and Laura Strickler at NBC News.com:

The Department of Health and Human Services is formally recommending that the Drug Enforcement Administration ease government restrictions on marijuana, which remains illegal at the federal level even though 40 states allow its use in some form.

The move comes 11 months after President Joe Biden ordered the top health agency to conduct a review of the drug. The recommendation is to move marijuana from what’s known as a Schedule I drug to Schedule III, under the Controlled Substances Act.

In the eyes of the DEA, cannabis is in the same category as other Schedule I drugs like heroin and LSD, meaning it’s considered to have a high potential for abuse and no accepted medical use.

A spokesperson for HHS said it has “expeditiously” responded to the directive in providing its recommendation to the DEA on Tuesday.

If the DEA were to reschedule cannabis to Schedule III, it would most notably eliminate an IRS code intended to prevent drug dealers from claiming tax deductions for business expenses.

That alone could save the marijuana industry hundreds of millions of dollars a year. Small-business owners who spoke to NBC News said the inability to deduct what would otherwise be ordinary business expenses is their single biggest financial burden.

Now that HHS has made its recommendation, all eyes are on the DEA, which has the ultimate authority on scheduling substances.

The Biden administration had hoped to announce the rescheduling of the drug sometime in the fall, around the one-year mark of the president's request for the review, according to five sources familiar with planning. It's not yet clear how long the DEA’s public review process will take.

When reached for comment, a DEA spokesperson said: "We can confirm DEA received a letter from the Department of Health and Human Services providing its findings and recommendation on marijuana scheduling, pursuant to President Biden’s request for a review."

"DEA will now initiate its review,” the spokesperson added.

Asked about the recommendation during a news briefing Wednesday, White House press secretary Karine Jean-Pierre said the review “is an independent process” that is led by HHS and the Department of Justice, adding that she would not comment on where Biden currently stands on the issue of decriminalizing marijuana at the federal level.

Reaction to the HHS recommendation has been largely positive on Capitol Hill. In a statement, Senate Majority Leader Chuck Schumer praised HHS as having done “the right thing” and urged the DEA to “quickly follow through on this important step to greatly reduce the harm caused by draconian marijuana laws.” Schumer, D-N.Y., said “there is much more that needs to be done legislatively to end the federal prohibition on cannabis and roll back the War on Drugs.”

Marijuana legalization advocates see this initial step as significant in and of itself: For the first time, the federal government is formally recognizing cannabis’ medical contributions.

The Cannabis Industry Association on Wednesday said that while the recommended reclassification would be historic, more should be done to align federal law with states where marijuana is legal. “The only way to fully resolve the myriad of issues stemming from the federal conflict with state law is to remove cannabis from the Controlled Substances Act and regulate the product in a manner similar to alcohol,” said CEO Aaron Smith in a statement.

Easing federal marijuana restrictions is also a political issue that both parties hope to capitalize on ahead of next year's presidential election, as polls have indicated a majority of Americans support legalization.

Some Republicans, including Florida Reps. Matt Gaetz, Greg Steube and Brian Mast have publicly called on the drug to be rescheduled and urged the Biden administration to prioritize the effort. But on the presidential campaign trail, Florida Gov. Ron DeSantis doubled down this week on his opposition to marijuana decriminalization and legalization, despite voters in his state legalizing medical use of the drug last year. The Florida Supreme Court is now considering whether a cannabis legalization initiative will appear on the ballot in 2024. 

Separately, there is an ongoing bipartisan effort in Congress that would make it easier for financial institutions to offer banking services to legal cannabis companies.

Schumer has said that getting the legislation, known as the SAFE Banking Act, across the finish line will be a “top priority” when the Senate returns in September. But a looming government shutdown could complicate that effort, even as lawmakers behind the bill have worked to break an impasse over the August recess.

67% Of Texans Support Marijuana Legalization

The chart above is from the University of Houston Hobby School of Public Affairs Poll -- done between January 9th and 19th of 1,200 adults, with a 2.8 point margin of error.

67% Of Texans Support Legalizing Marijuana

 The charts above are from a survey by the University of Houston Hobby School of Public Affairs. They questioned 1,220 Texas adults between January 9th and 19th. The margin of error is 2.8 points.

The Entire U.S. Drug Policy Should Be Overhauled

It has become obvious that the laws regarding marijuana are ridiculous. Marijuana should be legalized nationwide. But the real problem is wider -- all of our drug laws make little sense. We need to rethink all drug laws.

Here is just part of what Maia Szalavitz says about this in an excellent article for The New York Times:

The failure of American drug law, particularly marijuana policy, has long been obvious.

Finally, this October, President Biden ordered the Department of Health and Human Services and the attorney general to review what’s known as the “scheduling” status of cannabis. This legal process could lead to federal regulation of sales for recreational use or a national law that requires a prescription for marijuana. Mr. Biden also recently signed a law to ease onerous restrictions on marijuana research, and legislation is pending to allow cannabis businesses, now forced to use cash, to get access to banks.

Reform is much needed, with more than two-thirds of Americans favoring legalizing and regulating recreational use. Nearly half of Americans can or will soon be able to legally buy marijuana to get high in their state, which conflicts with federal law.

The details of new regulation, however, matter enormously. The current law, the Controlled Substances Act, is antiquated: It makes no scientific sense and grew out of legislation that was often driven by racist and anti-immigrant propaganda. While policymakers consider how to regulate marijuana specifically, they also need to rethink how the U.S. government classifies and controls psychoactive substances in general — not just drugs like marijuana and opioids, but also alcohol and tobacco.

The Controlled Substances Act was initially intended to regulate pleasurable substances that are risky. It has five categories, or “schedules,” which are supposed to reflect varying hazard levels. But it is filled with contradictions.

Schedule I, the most restrictive, bans the sale and possession of certain drugs for recreational use and limits their medical use to research. Those drugs include marijuana, heroin and LSD and most other psychedelics — all of which have wildly different risks. Each also has significant medical benefits.

The remaining four schedules put varying restrictions on medications. But some medically permissible drugs are more dangerous and addictive than some illegal substances — and the recreationally legal drugs alcohol and tobacco can be more dangerous than some prohibited ones and are not scheduled at all.

Initially passed in 1970, when Richard Nixon was president and alcohol and tobacco weren’t seen as drugs at all, the Controlled Substances Act needs a complete overhaul. . . .

Heroin addiction is the deadliest conditionin psychiatry. But neither LSD nor marijuana use kills by overdose, and marijuana doesn’t seem to have significant impact on mortality rates (the effects of LSD on life expectancy haven’t been extensively studied). While both LSD and marijuana are associated with psychotic experiences, lasting psychosis is uncommon. And recent research suggests that cannabis and psychedelics could actually treat some mental illnesses, including addictions. . . .

There’s no science to this system. The Controlled Substances Act was an attempt to justify existing legislation. Many laws prohibiting specific drugs had passed by the 1960s, often propelled by bias and propaganda and without consideration of relative risk.

For example, racist ideas about Black men who used cocaine and Chinese men who used opium helped push the 1914 Harrison Narcotics Act, which prohibited nonmedical use. The 1937 law that banned marijuana was fueled by racism against Mexicans and racist fears about Black jazzmen spreading both addiction and seductive music. . . .

But changing marijuana law isn’t enough. Psychedelics are already presenting similar regulatory issues, with some states already legalizing their use. And it’s unrealistic to think that all of the recreational drugs humans will ever use already exist.

Instead, we should consider creating a new, strict pathway for approval for safer substances that have both recreational and medical uses, like psychedelics — or, for example, some new drug with the benefits of alcohol, but less harm. Without such a path, cartels will continue to be the main innovators, introducing new and often-deadly products to millions without testing or quality control.

Better drug law also demands limits on the marketing and advertising of substances including alcohol, tobacco, cannabis and prescription drugs. As the opioid crisis demonstrated, permitting the marketing of addictive substances can be dangerous, whether aimed at doctors or consumers. Lax rules on commercialization are a disaster.

It’s unclear now how the Biden administration will act on marijuana. But in order to effectively regulate pharmaceutical and recreational drugs, we need new ideas.

68% Of Americans Support Legalizing Marijuana

The charts above are from the Gallup Poll -- done between October 3rd and 20th of a nationwide sample of 1,009 adults, with a 4 point margin of error. 

New Poll Says 68% Support Marijuana Legalization

 

These charts are from a new Monmouth University Poll -- done between October 13th and 17th of a nationwide sample of 808 adults, with a 5.2 point margin of error.

6 Out Of 10 Voters Want Marijuana Legalized

This chart reflects the results of the Politico / Morning Consult Poll -- done between September 30th and October 2nd of a nationwide sample of 2,005 registered voters, with a 2 point margin of error.

Most People Approve Of Biden's Marijuana Pardons

These charts are from the Economist / YouGov Poll -- done between October 8th and 11th of a nationwide sample of 1,500 adults, with about a 3 point margin of error. 

It's Time For America To Change Marijuana Laws Nationally

President Biden has taken the first small steps toward changing marijuana laws in the United States. I hope this spurs a national change in those laws. 

Here is what the editorial board of The Washington Post thinks:

President Biden’s announcement of mass pardons for those convicted of federal marijuana possession charges comes just weeks before midterm elections that will determine control of Congress. It is not hard to detect the political calculation behind a decision likely to appeal to — and motivate — the young voters who could be key to Democrats winning. Yet it was also the right thing to do. Simple marijuana possession does not pose a serious threat to public safety, and users should not be hauled into the criminal justice system.

“Sending people to prison for possessing marijuana has upended too many lives … for conduct that many states no longer prohibit,” Mr. Biden tweeted Thursday. “That’s before you address the clear racial disparities around prosecution and conviction. Today, we start to right these wrongs.” In addition to his pardons of thousands of people with federal misdemeanor convictions for simple possession (not sale or distribution) of marijuana, Mr. Biden ordered a review of whether marijuana should continue to be classified as a Schedule I substance, the same category as heroin and LSD.

The impact will be more limited than the sweeping rhetoric suggests, because state, not federal, prosecutors bring the vast majority of simple possession cases, and Mr. Biden can pardon only those convicted of federal offenses. White House officials said 6,500 people convicted between 1992 and 2021, plus thousands more D.C. residents whom federal law covers, will be impacted. There are no people currently serving time in federal prison solely for marijuana possession, according to administration officials, but the president’s action will allow offenders’ records to be cleared, removing barriers to them getting jobs, finding housing or applying to college.

The largest effects might come as state officials follow Mr. Biden’s lead, as he urged governors to do. Early reactions to the president’s plea ran the gamut. Some states pointed to actions they have already taken to pardon or erase lesser marijuana convictions; some said they are taking formal steps to review the president’s request; some said they won’t take similar actions, either because they lack authority in their states or because they disagree with the president’s approach. Predictably, there were also those who saw opportunity to score their own political points. “Texas,” wrote a spokesman for Gov. Greg Abbott (R), “is not in the habit of taking criminal justice advice from the leader of the defund police party and someone who has overseen a criminal justice system run [amok].”

Opinion polls show that majorities of Americans favor releasing people imprisoned solely on marijuana-related charges and legalizing marijuana for medical and recreational use. States have taken notice: Nineteen states and the D.C. have legalized marijuana for adult recreational use, and 38 have legalized it for medical use. Five states, including Maryland, have legalization measures on their November ballots.

Marijuana use is a public health challenge that the criminal justice system cannot solve — and should not be asked to. We hope Mr. Biden’s move advances the shift away from criminalization.

Biden Pardons Those Convicted Of Marijuana Possession

President Biden has taken an important step in correcting our ridiculous marijuana laws. He pardoned anyone convicted in federal court of possessing marijuana. Here is part of how Michael D. Shear and Zolan Kanno-Youngs describes his action in The New York Times:

 President Biden on Thursday pardoned thousands of people convicted of marijuana possession under federal law and said his administration would review whether marijuana should still be in the same legal category as drugs like heroin and LSD.

The pardons will clear everyone convicted on federal charges of simple possession since it became a crime in the 1970s. Officials said full data was not available but noted that about 6,500 people were convicted of simple possession between 1992 and 2021, not counting legal permanent residents. The pardons will also affect people who were convicted under District of Columbia drug laws; officials estimated that number to be in the thousands.

The pardons will not apply to people convicted of selling or distributing marijuana. And officials said there are no people now serving time in federal prisons solely for marijuana possession. But the move will help remove obstacles for people trying to get a job, find housing, apply to college or get federal benefits.

Mr. Biden urged governors to follow his lead for people convicted on state charges of simple possession, who vastly outnumber those charged under federal laws. . . .

“Sending people to jail for possessing marijuana has upended too many lives — for conduct that is legal in many states,” Mr. Biden said on Twitter on Thursday. “That’s before you address the clear racial disparities around prosecution and conviction. Today, we begin to right these wrongs.”. . .

The pardons move the federal government more in line with the positions taken by some state governments, which have already reduced or eliminated the criminal punishments for simply possessing marijuana — punishments that for decades have sent people to prison.

Mr. Biden also said Thursday that he has asked the attorney general to review how marijuana is legally categorized, which helps determine what kind of penalties are involved.

“The federal government currently classifies marijuana as a Schedule 1 substance,” he said, “the same as heroin and LSD and more serious than fentanyl. It makes no sense.”. . .

Marijuana is already fully legal in about 20 states, and some other states have relaxed criminal penalties, according to DISA, a large drug-testing company that tracks state laws regarding marijuana. It remains fully illegal in a handful of states. The federal government will stop charging anyone with simple possession starting on Thursday, officials said.

Nearly Half Of U.S. Adults Have Tried Marijuana

The chart above is from the Gallup Poll -- done between July 5th and 26th of a nationwide sample of 1,013 adults, with a 4 point margin of error.

71% Of Adults Say Marijuana Should Be Legal

The chart above is from the Civiqs Poll. They questioned 216,879 adults between April 24th and June 19th -- and 71% said marijuana should be legalized. Only 20% said it should be illegal.

Legal Pot More Popular In Texas Than Governor/Lt Governor

 

The charts above are from the Dallas Morning News / University of Texas at Tyler Poll -- done between May 2nd and 10th of 1,232 registered Texas voters, with a 2.8 point margin of error.