Biden’s executive order on cannabis is a welcome surprise

In politics, it’s referred to as an “October surprise” — a super newsworthy scheduled or organic event or announcement juicy enough to affect the election scheduled for the following month.

On Thursday, President Joe Biden delivered a Doozy. Without the usual advance notice to the news media or leak to a columnist friend, the President announced that he has pardoned about 6,500 people previously convicted on federal charges of violent cannabis possession. He also pardoned thousands of other convicts in Washington, DC. Recognizing that his authority only goes so far and that the majority of these types of convictions lie within the states, he has urged governors to take similar action.

He also directed Attorney General Merrick Garland and Health Secretary Xavier Becerra to consider whether cannabis (currently a Schedule 1 drug) was appropriately included on the controlled substances list. Other Schedule 1 drugs include heroin and LSD and have no acceptable medical use.

So it looks like President Biden is going to legalize cannabis at the federal level – which means cannabis will soon be legal across the country, not just a few states, right?

Not so fast. For real. Nothing is fast-moving here. Derecognition of cannabis would be a lengthy process — likely years. Clinical trials and other lengthy research would be required. And even international treaties that we have with other countries would be subject to careful scrutiny and review. Some may need to be renegotiated to move cannabis to Schedule 2. And that doesn’t mean federal legalization.

Legalization? There is nothing in the President’s Executive Order dealing with the SAFE Banking Act or allowing cannabis companies access to banking, something that every other company in the US has easy access to. His actions do not solve the 280E tax issue, nor any tax issue facing the cannabis industry. International trade? Advertising? Medical research? nope nope And no.

So just sizzle and no steak? Well, not exactly.

The pardons are significant and remove the crippling housing, employment and education burdens and devastating social stigma that have plagued too many Americans as a result of an unjust criminal record.

Asking governors to do the same is a logical force multiplier. It’s also a brilliant political strategy. The White House knows which governors will run to him and accept his request. And they know which governors will run away from it, whether they’re apologizing that their state doesn’t give them such powers, or that they just disagree and won’t do it. Lines in the sand can come in handy on election day.

Although he won’t be on any ballot next month, I would argue that the President is always on the ballot. His coattails can give a boost to candidates who are running. However, President Biden was never a huge fan of cannabis. It wasn’t an issue he emphasized on the campaign trail or urged to move forward once he got to the White House. But poll after poll shows that an overwhelming percentage of Americans support the legalization of cannabis for both medical and adult use.

The old saying goes: When the time is not right, you must let the time be right. The time is right for Biden to do so.

Designating cannabis as a Schedule 1 drug – similar to heroin and LSD and with no medicinal uses – is long overdue. This classification is untrue, idiotic and, in the eyes of the global medical community, an embarrassment to the United States. The fact that 37 states have legalized cannabis for medical use and 19 states have legalized it for adult use underscores this point beautifully.

And mostly overlooked by pundits and news media today, President Biden has signaled that the era of reefer madness is over. Cannabis companies are real businesses that provide good jobs and make positive contributions to the local and national economy. He shows respect to the industry. He brought legitimacy to the industry.

Surprise or Steak? I take both.

Bridget Hennessey is Vice President of Public Affairs at Weedmaps, the technology platform powering the global cannabis industry. This article was originally published on Medium.

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