Can Biden Legalize Cannabis Without Congress? – Cannabis News, Lifestyle

Can US President Joe Biden Legalize Cannabis Without Congressional Approval? Technically no. The US Constitution doesn’t allow it. On the other hand, prohibiting cannabis is unconstitutional. Furthermore, the US Constitution has never stopped presidential administrations in the past. Passing an executive order is a common way for presidents to behave like monarchs rather than the elected officials of a constitutional republic.

At least six Democratic senators have asked Biden to legalize cannabis without a congress. But should he? Executive orders can work to the advantage of the common man – like legalizing cannabis. But it has also been used to violate individual rights and fuel the war machine. So it’s a bit of a double-edged sword.

Senators want Biden to legalize cannabis without Congress

Senators Elizabeth Warren, Kirsten Gillibrand, Ed Markey, Ron Wyden, Bernie Sanders and Cory Booker earlier this month called on Biden to legalize cannabis without a congress. In a letter, they wrote that the Biden administration should “use its existing authority to (i) repeal cannabis and (ii) grant pardons to all persons convicted of nonviolent cannabis-related crimes.”

“The government’s failure to coordinate a timely review of its cannabis policy harms thousands of Americans, slows research, and deprives Americans of their ability to use marijuana for medicinal or other purposes.”

Addressing the letter to Biden, Attorney General Merrick Garland and Health and Human Services (HHS) Secretary Xavier Becerra, the senators say it is a follow-up to previous requests.

One of those earlier requests was in October 2021. Addressed to the Department of Justice (DOJ), senators wanted the bureaucracy “to use its existing authority under the Controlled Substances Act of 1970 (CSA) to begin the process of declassifying cannabis.” than to initiate a Schedule I drug.”

The DOJ’s response was negative.

The HHS insists that “cannabis has not been proven in scientific studies to be a safe and effective treatment for any disease or condition” and therefore constitutes “the sole rationale for the DOJ’s inaction.”

Of course, cannabis has widely recognized medical benefits. The US Food and Drug Administration (FDA) has approved CBD for the treatment of epilepsy. And alcohol is certainly not a safe and effective treatment for any disease, but it is fairly legal.

Excerpts from the letter to Biden

The senators’ letter commended the rule of law for taking a step to reverse the “racist and harmful legacy of cannabis policies.”

“The legacy of the drug war is omnipresent. It is estimated that over 40,000 people remain in prison for cannabis-related crimes,” they wrote. “A report released by the American Civil Liberties Union in 2020 found that black people were nearly four times more likely to be arrested for cannabis possession, even with comparable rates of use among people of all races. In some states, black people were almost 10 times more likely to be arrested for cannabis possession.”

“We call on the Biden administration to act quickly to right this decades-long injustice that has been hurting individuals, particularly black and brown communities,” the letter said.

The senators also said they would like Biden to “pardon all persons convicted of nonviolent cannabis offenses, whether previously or currently incarcerated.”

History of Executive Orders

As noted in the HHS response (misinformed and incorrect), the Biden administration is not interested in legalizing cannabis without Congress.

But why?

Under Article II of the US Constitution, Presidents have the power to issue executive orders. The first US President, George Washington, issued eight executive orders. In contrast, Franklin D. Roosevelt signed over 3,700 executive orders during his 12-year reign.

As with the trade clause, the scope of executive orders has increased tenfold. As a White House official once said to Bill Clinton, “Stoke of the Pen, Law of the Land.”

When George Washington issued his first order on June 8, 1789, it was to compel federal departments to submit reports to the President on the “complete, precise, and unequivocal general conception of the affairs of the United States.”

By 1861, President Abraham Lincoln used executive orders to suspend habeas corpus. In 1942, Roosevelt issued an executive order imprisoning American citizens of Japanese descent.

Of course, the Supreme Court can stop this outrageous exercise of power. In 1952, they struck down President Truman’s executive order nationalizing the country’s steel mills during the Korean War.

Post 9/11 Executive Orders

In the 2000s, and indeed after 9/11, executive orders were used to bypass Congress with reckless abandon. George W. Bush signed executive orders establishing a surveillance state and restricting public access to government documents. Thanks to Bush’s orders, the National Security Agency (NSA) can tap American telephone conversations without a warrant.

Despite campaigning against such executive power, President Barack Obama increasingly relied on executive orders to advance his agenda when Congress was not doing so.

Presidents Ronald Reagan and Donald Trump have used executive orders to override state regulations.

Donald Trump’s border wall with Mexico was an executive order, as was Biden’s order to halt construction of the wall.

On his first day in office, President Biden issued nine executive orders. Most of any President in US history. At this rate, Biden will overtake Roosevelt for the number of executive orders issued if he manages to hold out for another term.

Could Biden Legalize Cannabis Without Congress?

Biden doesn’t shake hands with anyone

Could Biden Legalize Cannabis Without Congress? Yes, and there’s no reason he can’t do it today. There is no worry about the proper separation of powers. And there is certainly no respect for the Constitution that goes beyond lip service.

Biden had no problem after Roe v. Wade through the Supreme Court to issue an executive order on abortion.

Joe Biden’s approval ratings are in free fall. Midterm elections are just around the corner. Nobody on the right likes Joe Biden. So what loss could there be in legalizing cannabis at the federal level via executive order?

Biden, spying on American citizens is eh-okay, but legalizing cannabis is a flop?

Biden’s stance has more to do with ideology than practicality. And it’s not the ideology of classical liberalism where the proper channels for legalizing cannabis need to go through Congress.

No, this is anti-cannabis ideology, not unlike many Republican beliefs. Biden campaigned for cannabis decriminalization and the overturning of cannabis convictions in 2020. But he didn’t do any of that.

And why should he? When he was a senator, he wanted to increase enforcement of anti-cannabis laws. He criticized then-President George HW Bush for being too soft on drugs.

Biden is the man behind the 1994 crime statute. He is believed to be responsible for the mass incarceration of nonviolent drug offenders, most of them black.

Biden has been against cannabis since 1974. There is no evidence that he will change his mind. And given some of his recent speeches and antics, one has to wonder if Biden has much desire to change.

So, can Biden legalize cannabis without a congress? Yes, just as he and his predecessors legalized all sorts of actions by executive order. But will he? Unlikely.

footnote(s)

https://en.wikipedia.org/wiki/List_of_United_States_federal_executive_orders
https://www.warren.senate.gov/oversight/letters/senators-warren-sanders-markey-and-gillibrand-urge-administration-to-deschedule-cannabis-and-pardon-nonviolent-cannabis-offenders