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Biden asks state governors to reconsider cannabis criminalization laws

President Joe Biden recently pardoned those federally imprisoned for possession of marijuana on Oct. 6, and asked state governors to make similar changes in their own state legislature.

California has long been a model of marijuana reform, dating back to the 1970s when the fight to legalize marijuana proved a difficult one during the War on Drugs propaganda that followed the conflict in Vietnam.

Through the implementation of the Adult Use of Marijuana Act in 2016, California has taxed the sale and growth of marijuana since many cannabis businesses make millions of dollars and will be taxed on an annual basis.

With that money, the state will invest in public health programs for the youth about substance abuse, invest in communities to reduce the illegal marijuana market and create jobs and restore land that was previously used for illegal marijuana cultivation.

Biden noted the racial disparities amongst Black and Hispanic people who were arrested, prosecuted and convicted of possession at higher rates compared to other races. Around 64% of marijuana offenders in 2021 were Hispanic and 17% were Black, according to a report by the U.S. Sentencing Commission, with white people making up 13%.

“There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result,” the president Tweeted.

When California passed Prop 64, which legalized the use of marijuana recreationally, former governor Jerry Brown passed Assembly Bill 1793 in 2019, which allowed the Department of Justice to review past marijuana convictions in the state that were eligible for recall or dismissal in relation to the passing of Prop 64.

In cases before 2019, the prosecutor would need to notify the court and public defendant to challenge their sentencing. If both the court and the public defender chose not to challenge, AB 1793 would automatically reduce or dismiss the conviction.

Biden asked state governors earlier this month to reconsider their state legislature which criminalized the possession of marijuana. States like Florida and Louisiana, which have legalized the use of medicinal marijuana, have strict laws against possession of marijuana, with either a fine or jail sentence, depending on how many ounces that were in possession.

Though Biden has asked all states to consider pardoning cannabis convictions, some state governors already have. New York and Illinois have laws set in place that will essentially remove or pardon these crimes.

Biden has asked Senator Xavier Becerra, the Secretary of the U.S Health and Human Services, and attorney general Merrick Garland to petition to remove marijuana off of the Schedule I substance list.

Marijuana is under the Schedule I substance list of the Controlled Substance Act of 1970, which includes drugs like heroin and ecstasy that have high abuse potential without medical use.

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