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Pardoning small marijuana offenses is a good start, but there’s more work to do

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President Biden’s announcement pardoning those convicted of small marijuana possession is a temporary fix to a larger systemic issue.

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President Biden announced last week that he will pardon people convicted of small marijuana possession under federal law — removing restrictions on the right to vote, to hold office or to sit on a jury. He stated three initiatives to fix the issues and listen to those in the long fight to decriminalize marajuana ever since Congress passed the Marijuana Tax Act in 1937.

In his plan for reform, Biden said that he is pardoning all federal offenses of simple marijuana possession. He has issued the attorney general to create a process that grants certificates of pardon to those eligible. His goal is to dismiss all the consequences that those convicted for marijuana possession have dealt with for decades, like being denied employment, housing and educational opportunities.

Although this is a step in the right direction, it will only release a limited number of people from prison. While this issue is getting the attention it deserves, there is still more to do.

Federal prosecutors rarely charge simple marijuana possession, since it is a misdemeanor. A senior administration official told NBC News that no one is currently in federal prison for simple marijuana possession. Most marijuana convictions are state level, so Biden must continue to urge state officials to enact the same plan in pardoning those convicted.



Biden also requested a review of how marijuana is scheduled under federal law. Marijuana is currently a Schedule I drug, which is the same schedule as heroin and LSD. Marijuana is classified higher in this list than fentanyl and methamphetamine. Marijuna being considered a scheduled drug creates many issues on its own. The fact that marijuana is considered the same level drug schedule as heroin and LSD, and higher than fentanyl and methamphetamine is shocking.

This is a victory to those who will no longer have marijuana conviction on their records. People who were convicted on marijuana charges and are simply looking for employment to continue their lives won’t have to worry about being dismissed or rejected. A first marijuana possession offense can have penalties of up to one year in prison and a $1000 fine minimum.

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Statistics within the marijuana industry. Megan Thompson | Digital Design Director

The President can’t stop here in ending overcriminalization from marijuana possession. Biden only urged to lower marijuana on the scheduled drug list, but taking it off the list completely is the only way to solve issues with overcriminalization.

Research has debunked many of the false claims surrounding marijuana. For example, people often believe anyone who overdoses on marijuana won’t face any risk of dying. But similar to alcohol, the drug can trigger toxic reactions in the human body, such as psychosis or paranoid psychosis and intense anxiety or panic attacks. Taking marijuana off the list would allow for safer distribution of the product and further research and development on its recreational and medical use. It would also help end the stigma against marijuana use, encouraging people to talk about it publicly and avoid unsafe or overuse.

Decriminalizing marijuana offenses has been a controversial topic for years, but the government hasn’t taken any action to consider the potential benefits of legalizing it all together, such as decreased gang-related drug activity.

Policy analyst, Teri Moore, discusses this in her article: Marijuana Legalization Can Help Solve the Opioid Problem. “With a reduced share of the market comes reduced illicit drug activity and all social harm it engenders.This decreases violence, which often spills over into mainstream society, especially in places with high illicit drug use and trafficking,” Moore explains. Legalizing marijuana would significantly reduce drug activity and the harm it has caused as an illegal drug.

Legalizing marijuana has many economic benefits as well. In states that have legalized it, cannabis companies have grown and the industry has boomed. Some companies work to further research and develop cannabis-based medical products, and others focus on growth and distribution of marijuana. Legalizing marijuana will lead to more research and safer products. Understanding the drug and its specific uses has the potential to create a new, booming industry in our country while also pardoning those who have been punished for the possession of marijuana.

Biden said at the end of his statement, “Too many lives have been upended because of our failed approach to marijuana. It’s time to right these wrongs.” If he believes this and wants change, he cannot stop here. There is much more work to do. He has given Americans hope for further change and the possible federal legalization of marijuana, which would lead to numerous benefits along the way.

Jean Aiello is a Sophomore magazine, news and digital journalism major. Her column appears biweekly. She can be reached at jdaiello@syr.edu.

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