American cannabis laws are difficult to understand, even with a clear head. They are particularly confusing in the capital, Washington. Possession of marijuana is legal here, and although trading is technically illegal, cannabis shops thrive thanks to a loophole in the law.
However, the marijuana can hardly be carried home legally: A third of the city area belongs to the federal government – and its laws describe the possession of cannabis as a crime, punishable by a fine of at least $1,000 or imprisonment. Dozens of stoners feel this every year when they get to the wrong ranger on a trip to a national park.
Surprisingly, US President Joe Biden relaxed the strict cannabis ban on Thursday. He has waived the penalty for all those convicted of possession of marijuana under federal law.
Symbolically, this is a big step, even if it has only minor immediate effects. In fact, the federal authorities hardly take action against stoners; rather, they focus on trade. No one is currently in federal prison for possession of marijuana alone.
African Americans overly affected
Biden’s pardons therefore only affect around 6,500 people and an unknown number of convicts in the capital Washington, whose criminal records identify them as criminals. Until now, they could have had difficulties looking for a job, an apartment or even a loan.
Black Americans are disproportionately affected by the strict cannabis ban, although white people smoke weed with similar frequency. “We have to right this wrong,” Biden said. Too many lives have been ruined by harsh penalties. He is now examining whether the federal authorities should classify cannabis in a new drug category that is less strictly prohibited; so far, marijuana has been judged in the same way as heroin, for example. This process could take years. However, full legalization would have to be decided by Congress. The Democrats have already found a majority in favor of such a law in the House of Representatives, but the Republicans in the Senate have so far blocked it.
Most stoners in the US are convicted under state law anyway. Biden has no direct influence on this. However, he has called on all governors to also grant pardons. Of course, this can also be explained by the forthcoming elections. With gubernatorial elections coming up in many states, Biden has now pressured all Republican candidates to take a stand in a policy area where Democrats know the majority is on their side. In surveys, up to two-thirds of the population are in favor of legalizing cannabis, and this has already been partially implemented in 20 states.
Biden’s nifty video
The timing of Biden’s announcement can also be explained by the elections taking place in a month’s time. After the summer holidays, the Democrats felt an upswing in the polls, but the Republicans have recently made up ground again. Now, Biden is executing on a campaign promise he never seemed to care deeply about, but is deeply important to younger and progressive constituencies.
As a senator, Biden had advocated strict drug laws. Now, however, he’s an old white president with fairly limited appeal to young and African-American voters. In recent months, Biden has therefore taken into account the concerns of boys several times, for example when he decided at the end of August to waive part of the student loans.
The relaxation of the cannabis ban is now intended to convince young and African-American voters in particular to go to the polls on November 8th and vote for Democrats. Biden made no effort to hide this intention: instead of announcing the cannabis pardons at a media conference, as is usual, he casually announced it via video, which he shared on social media. The White House said he tried to contact the public directly.