Illinois Governor J.B. Pritzker took to the campaign trail over the weekend to stump for President Joseph Biden, taking advantage of the 420 weed high holiday as an opportunity to tout the cannabis policy reforms made by the current administration. At a campaign stop in Grand Rapids, Michigan on Saturday, Pritzker said that cannabis policy reform can have significant economic benefits in states that legalize marijuana for adults.

“I wanted to come up here on 4/20, because we, too, legalized cannabis in the state of Illinois, and I know that’s been a boon to not only state revenues but also to business and job creation in the state of Michigan,” said Pritzker, according to a report from Michigan Advance.

“To be blunt: we’re proud to have sparked a new industry when we legalized adult-use cannabis,” the governor added on X in a 420 tweet.

Joined by Michigan Democratic state Majority Leader Winnie Brinks, Pritzker said that legalizing marijuana in Michigan was just one of many Democratic victories in the state since 2018.

“You all have turned a state that was — let’s face it, a red state — into a purple state, and now a blue state,” Pritzker told the crowd. “There are so many other states in the country that should be following Michigan’s lead.”

The Illinois governor added that the progress made in Michigan did not come easy, encouraging the public to volunteer for the campaign and canvass voters to get out the Democratic message.

“It’s like the eighth-grade dance, for me, anyway. Sometimes you have to knock on three or four doors before you get somebody you can really talk to,” Pritzker said. “Because you’re willing to do that, you’re going to have somebody to dance with. You’re going to bring them to the dance.”

Biden Administration Reviewing Federal Weed Policy

In 2022, Biden issued an executive order pardoning thousands of low-level marijuana convictions and directed his administration to review the federal prohibition of cannabis. In August 2023, Department of Health and Human Services (HHS) Assistant Secretary for Health Rachel Levine called on the Drug Enforcement Administration to change the classification of marijuana from Schedule I to Schedule III of the Controlled Substances Act. Under the 1970 legislation, the Schedule I classification indicates that a drug has no accepted medical value and a high propensity for abuse. Other drugs currently listed under Schedule I include heroin and LSD.

In January, the Department of Health and Human Services determined that marijuana is eligible for the less strict classification under federal drug laws, according to agency documents. As part of the review, researchers with the U.S. Food and Drug Administration (FDA) determined that credible evidence shows that marijuana has legitimate medical uses and fits the criteria for rescheduling under the Controlled Substances Act.

At his Grand Rapids campaign stop, Pritzker noted that Biden is also busy supporting his bid for reelection against former president and presumptive Republican nominee Donald Trump. The president spent much of last week campaigning in the battleground state of Pennsylvania and will be making additional stops to help secure the “blue wall” of Michigan, Wisconsin and Pennsylvania, three states that voted for Trump in 2016 but then switched to Biden four years later.

“Democrats need to win the blue wall states. It’s vitally important, and Joe Biden knows it,” Pritzker said. “One of the reasons we’re having the Democratic National Convention here in the Midwest is because he recognizes how important this is.”

“Michigan sits in the middle,” he added. “If we don’t win Michigan, we can’t win the presidency. And if we don’t win Michigan, this country is going to go backwards.” 

Pritzker referred to criticisms that both frontrunners are too old to be elected, arguing that Biden’s experience and character are attributes that will help him in office while suggesting that Trump is uncaring.

“People sometimes say Joe Biden’s old. But Donald Trump has proven that you can be old and not learn anything,” said Pritzker. “You can be old without having learned, throughout the course of your life, empathy for people across the United States. And that is Joe Biden; he wears empathy on his sleeve.”

Pritzker acknowledged that last week, independent presidential candidate Robert F. Kennedy won his bid to be added to the Michigan ballot for the general election in November. But the governor said he was not concerned that Kennedy would be a spoiler candidate that takes votes away from the current president.

“There’s only one candidate on the ballot who can win and beat Donald Trump, and that’s Joe Biden,” Pritzker said. “I don’t think having ballot access for Robert Kennedy is going to change the fact that people are going to go into the voting booths and know that they’re throwing away their vote if they vote Robert Kennedy, and that if they vote for Joe Biden they’re assuring that we’re not going to have Donald Trump as president.”

Pritzker continued his support for the president’s reelection campaign on Sunday, leaning into his belief that Kennedy’s candidacy would not hurt Biden.

“Robert F. Kennedy Jr. being on the ballot in Michigan, I think is going to have a little effect on the ultimate result,” Pritzker said on CNN’s “State of the Union,” according to a report from The Hill. “People understand that there are really only two candidates that have a path to victory in this country and in Michigan. And, of course, that’s Joe Biden and Donald Trump.”

Both major political parties have yet to make their choice for president official. The GOP will meet at the Republican Convention being held in Milwaukee in July to nominate the party’s candidate for president, while Democrats will choose their nominee at the Democratic National Convention in Chicago in August.

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President Joe Biden issued his State of the Union address on Thursday, March 7, and among many topics, he said he’ll direct his Cabinet to consider reclassifying cannabis at the federal level. It’s the first time that a president of the United States addressed cannabis reform as part of his State of the Union address.

“Keep building public trust, as I’ve been doing by taking executive action on police reform, and calling for it to be the law of the land, directing my Cabinet to review the federal classification of marijuana, and expunging thousands of convictions  for mere possession, because no one should be jailed for using or possessing marijuana!” Biden said.

Biden also posted on X that “no one should be jailed for using or possessing marijuana,” which prompted responses from people who pushed for real expungements—not the mostly meaningless wave of pardons to people with minor cannabis convictions issued by Biden in 2022.

Biden issued two executive orders in October 2022, pardoning some people with nonviolent federal cannabis records, and he asked the Department of Health and Human Services to evaluate if cannabis should be rescheduled under the Controlled Substances Act.

The US Cannabis Council (USCC) launched in 2021 with a goal to build better access to an equitable and values-driven industry. The USCC has been working hard to advance federal cannabis legalization and promote restorative justice to the people harmed the most by the War on Drugs.

“The US Cannabis Council applauds President Biden for highlighting cannabis reform as an issue of national concern during his State of the Union address,” David Culver, SVP of Public Affairs at the USCC said in a statement obtained by High Times. “The President has issued historic pardons for nonviolent cannabis offenses and initiated a groundbreaking review of the status of cannabis under federal law. Tonight’s remarks before a national audience signal the President’s ongoing commitment to advancing cannabis reform. We are encouraged by what we heard this evening and optimistic that the Biden Administration will move cannabis down to Schedule III this year.” 

“President Biden made history tonight by addressing cannabis reform during the State of the Union,” said Adam Goers, co-chair, Coalition for Cannabis Scheduling Reform. The President is committed to modernizing the federal government’s approach to cannabis, and he reinforced that commitment tonight in front of the American people. Moving cannabis down to Schedule III would represent an historic shift in our nation’s drug laws. We thank the President for his remarks and urge his Administration to push ahead with rescheduling.” 

Cannabis Pardons and President Biden

Thousands of people received one of Biden’s pardons for federal cannabis possession convictions under two announcements issued in 2022 and in February. The Justice Department issued certificates to eligible people who applied for the pardons, but the certificates actually read “the pardon means that you’re forgiven, but you still have a criminal record.”

Former prisoner Weldon Angelos corrected Biden’s comment, adding that possession generally never leads to jail time alone. “Nobody goes to jail for use or simple possession,” Angelos posted on X. “But those imprisoned federally for marijuana felonies shouldn’t be forced to serve out the remainder of their decades long sentences either so please commute their sentences as you promised when you were running for president. 

Before Thursday’s State of the Union address, The Sentencing Project urged President Biden to remember his 2020 campaign promises to oppose mandatory minimum sentences and significantly reduce the prison population.

“America surpassed the grim milestone of 50 years of mass incarceration, with the prison population growing nearly 500% since 1973,” said Kara Gotsch, executive director for The Sentencing Project. “Today, almost 2 million individuals, and disproportionately Black Americans, are incarcerated in our nation’s prisons and jails. The U.S. incarcerates more of its citizens—for longer periods of time—than any other major democratic country in the world.” 

“President Biden promised four years ago to reduce federal incarceration levels by 50% and to oppose mandatory minimum sentences. We urge the president to keep those promises, and to scale up solutions that actually make communities safer, such as good schools, affordable childcare, broadly accessible mental health services, more effective and widely available substance use treatment programs, and more support for vulnerable children and youth. 

“Americans deserve safety, security, and community-based solutions that will build up our communities and actually stop the cycle of crime. We can get there if we put evidence-based solutions over politics, thriving communities over extreme sentences, and rehabilitation over punishment.”

In addition, Sen. Kirsten Gillibrand told High Times last that rescheduling cannabis under schedule III would do little by simply moving it to a less restrictive category. A recent survey found broad support across demographics and suggested Biden could see an 11% favorability boost if it occurs.

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Republican U.S. Representative David Joyce of Ohio will soon introduce a new bill to legalize cannabis at the federal level, according to a report from Forbes published on Wednesday. 

The new legislation is characterized as a “modernized” version of a bill Joyce introduced in 2019 known as the STATES Act. Although the measure has not yet been formally introduced in the House of Representatives, a draft of Joyce’s new bill is titled the STATES 2.0 Act. 

If passed, the legislation would remove cannabis from Schedule l of the federal Controlled Substances Act (CSA). However, cannabis products that are grown or manufactured outside of a state-regulated market would remain illegal under federal law, allowing states that do not want to legalize marijuana a way to maintain prohibition within their jurisdictions.

“States and [Native American] tribes have had enough with the federal government’s half-in-half-out approach that is applied without rhyme or reason,” Joyce, the co-chair of the Congressional Cannabis Caucus, told Forbes in an interview. “Numerous tribes and over 40 states now, including my own, have made it clear that the federal government needs to support their cannabis laws. I’m hopeful this legislation will do just that.”

Despite the popularity of cannabis legalization, political leaders in many states would prefer to keep recreational marijuana illegal. With provisions that maintain the federal illegality of marijuana produced outside of a regulated market, Joyce’s bill allows states to take the lead on cannabis policy.

“This legislation would make it the federal government’s policy to recognize and legitimize the decisions of each state,” said a spokesperson for the congressman. “If the state decides they want to remain prohibitory, the federal government will provide enforcement, if a state decides they want to legalize, the federal government will provide regulation.”

Federal Agencies Would Regulate Cannabis

Joyce’s bill tasks the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) with regulating cannabis at the federal level, similar to the agency’s responsibilities for regulating alcohol. The TTB would issue permits for state-regulated cannabis companies, maintain a track-and-trace system to monitor the production and movement of marijuana and cannabis products, collect taxes and enforce penalties. The Food and Drug Administration (FDA) would be responsible for regulating cannabis-infused foods and products that make medical claims under the authority of the Food, Drug and Cosmetics Act. 

The federal government’s activities to regulate cannabis would be funded by a federal excise tax, although the bill does not include a specific tax rate. The legislation does, however, call for federal taxes to be set “low enough so as not to exacerbate state taxes,” according to the Forbes report.

Joyce’s bill does not prohibit the interstate trade of cannabis, setting the stage for a truly national market for regulated cannabis. The regulated cannabis industry would also be free of an IRS regulation known as 280e that denies most standard business tax business, a development that would prop up the industry rife with operators struggling to make ends meet because of high taxes and regulatory fees.

Shawn Hauser,  a partner at the cannabis law firm Vicente LLP, said that under the bill, “cannabis activity in legal, regulated states would no longer be considered trafficking under the CSA and would be subject to federal regulation and protections, while federal illegality would be upheld in states who have not yet legalized marijuana.”

“This gives us a clear, immediate path to resolving the federal-state cannabis conflict,” Hauser wrote in an email to High Times. “This bill is a promising development as it is a state rights approach preferred by opponents of legalization.”

Andrew Freedman, the executive director of the Washington, D.C.-based nonprofit Coalition for Cannabis Policy, Education and Regulation, collaborated with Joyce and his staff on the bill. He sees this legislation as an avenue to appeal to lawmakers who are currently against reforming the nation’s marijuana laws.

“Despite cannabis pulling at 70%, it remains extremely divisive,” said Freedman. “If we’re going move forward as a country on this, we’re going have to acknowledge the realities of the fact that over half of America now has access to adult-use cannabis, while not saying this has to happen everywhere.”

Freedman added that he believes Joyce’s bill could gain support in Congress, despite the dysfunction in the House of Representatives that culminated with the removal of California GOP Representative Kevin McCarthy as Speaker of the House in October.

“Because it has something today that is helpful to states that don’t want legalization, it has a political power that potentially no other bill has,” Freedman said. “In theory, this has everything that a Republican should want, while moving away from the nonsensical stance the federal government has had on cannabis.”

Joyce drafted the new STATES 2.0 Act in collaboration with several other lawmakers, at least some of whom are expected to sign on as co-sponsors of the legislation. Joyce’s legislative team also received input from stakeholders and groups including Americans for Prosperity, a conservative political advocacy organization founded by billionaire Charles Koch. A spokesperson for Joyce said that the congressman expects to introduce the bill in the House of Representatives sometime this week.

“This is a significant step in the right direction for cannabis reform! Removing marijuana from Schedule I is long overdue, and the STATES 2.0 Act addresses two major concerns for the industry: the unfair 280e tax burden and the limitations on interstate commerce,” Jeffrey M. Zucker, president of Denver-based cannabis consulting firm Green Lion Partners, tells High Times. “Both of these changes are crucial for the responsible growth and development of the legal cannabis market.”

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A group of Democratic lawmakers has written a letter to federal financial regulators calling on them to update rules that hinder cannabis business owners with past convictions for marijuana-related crimes. In the letter to the Treasury Department, 20 Democratic Senators and members of the House of Representatives wrote that the proposed change “would be an important step to promote fairness in the provision of financial services to marijuana businesses that participate in state-sanctioned marijuana activity.”

Under current guidance from the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) first issued in 2014, banks and credit unions are asked to consider a business owner’s past marijuana-related convictions as “red flags” that could affect the business’s eligibility for loans and other financial services. The guidance does not include exceptions for businesses that are operating in compliance with state law in states that have legalized cannabis.

In their letter dated November 14, the Democratic lawmakers say the federal guidance is unfair and fails to account for the legalization of cannabis at the state level. They note that the policy could cause a business operated by someone with a marijuana possession conviction to be ineligible for financing, despite efforts in some states to expunge past convictions. 

“Under this red flag guidance, a marijuana business owner with a marijuana conviction may be permitted to participate in a state licensing program on paper, but in practice may be unable to access a bank loan to grow her business because she is considered a high-risk customer,” the lawmakers wrote in the letter.

The letter was addressed to Treasury Secretary Janet Yellen and FinCEN Director Andrea Gacki. It was signed by Congressional Democrats including Senators Elizabeth Warren and Edward Markey of Massachusetts, Jeff Merkley and Ron Wyden of Oregon, Raphael Warnock of Georgia, Cory Booker of New Jersey, Chris Van Hollen of Maryland, Amy Klobuchar and Tina Smith of Minnesota, Brian Schatz of Hawaii, Bernie Sanders and Peter Welch of Vermont and John Fetterman of Pennsylvania. 

The letter was also signed by members of the House, including Representatives Earl Blumenauer and Val Hoyle of Oregon, Barbara Lee and Katie Porter of California, Jan Schakowsky of Illinois, Eleanor Holmes Norton of Washington, D.C. and Becca Balint of Vermont.

Current Policy Continues Disproportionate Harm of Prohibition

The lawmakers noted in their letter that the current policy “disproportionately harms Black- and Brown-owned businesses, whose owners are more likely to have a marijuana-related conviction, though they are not more likely to have violated marijuana use laws.” They asked that FinCEN update its guidance to reflect the changing cannabis policy at the state level, calling for those who have been pardoned or convicted of an act that is no longer a state crime to have full access to financial services without receiving a red flag from their bank or credit union.

“The updated guidance should clarify that if a marijuana-related act has been expunged, pardoned, is no longer illegal under state law, or is not disqualifying for obtaining a state marijuana license or permit (i.e. ‘state-sanctioned marijuana activity’), then financial institutions should not consider that offense a ‘red flag’ when conducting customer due diligence of marijuana businesses,” the lawmakers wrote.

“This would be an important step to promote fairness in the provision of financial services to marijuana businesses that participate in state-sanctioned marijuana activity,” the letter continues.

Cannabis Industry Applauds Proposed Policy Change

The letter seeking an end to red flag designations for cannabis business owners with previous weed-related convictions was welcomed by representatives of the regulated marijuana industry. Bri Padilla, executive director of The Chamber of Cannabis, said that “we wholeheartedly support the proposed policy changes to current Treasury Department guidance.”

“With legal cannabis markets in 38 states, it is safe to say that the guidance is not only outdated, it actively hinders the ability of cannabis licensees, especially minority-owned operators and small business owners to engage in and effectively participate in the cannabis economy,” Padilla said in a statement from the industry group to High Times. “Such a shift will be a small but critical step in rectifying the disproportionate impact on communities of color due to past cannabis-related convictions.”

Jeffrey M. Zucker, co-founder and president of Denver-based cannabis industry consulting firm Green Lion Partners, said that if adopted, the proposed policy change would be another milestone in the federal government’s slow evolution on cannabis policy, which got a boost earlier this year when the Department of Health and Human Services called on the Drug Enforcement Administration to reclassify marijuana under federal drug laws.

“By acknowledging state laws that have legalized recreational marijuana, the federal government could align its guidance with the evolving landscape of cannabis legalization,” Zucker wrote in an email. “Federal commentary may encourage further investment and participation in the industry, driving economic growth and job creation.”

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As states throughout the country continue to legalize medical and adult-use cannabis, the federal de-scheduling and later legalization of cannabis is likely to come sometime in the near future. But what exactly comes with such a widespread shift in policy?

As we look ahead at the potential for federal legalization, a new report warns lawmakers about taking a thoughtful approach, namely accounting for the potential unintended effects that interstate commerce on the current intrastate cannabis markets could have on social equity and small cannabis businesses.

Report Highlights Unintended Consequences of Federal Reform

While the shift would better align federal policy with state-level reforms and public opinion, “it will also disrupt and force the transformation of existing intrastate cannabis markets,” the report by Parabola Center for Law and Policy opens. “How the nation will shift from dozens of individual state cannabis markets to one national market, and the implications of that shift, is unknown but likely to be dramatic.”

The report continues, “It is also safe to assume that many advocates for federal de-scheduling are not aware of the consequences such a policy change portends for existing and entrenched state cannabis policies.”

The report, titled “How to Federally Legalize Cannabis Without Violating the Constitution or Undermining Equity and Justice,” offers a blueprint for Congress to protect cannabis professionals in the industry, promoting justice with care to avoid undoing the progress states with legal cannabis laws have worked toward through the past decade. 

The American cannabis market is worth $33.8 billion, composed primarily of small business owners making up more than 10,000 businesses providing an estimated 400,000 jobs across the U.S.

The report was authored by Tamar Todd, an attorney whose primary experience is drug policy alongside her role as a U.C. Berkeley School of Law lecturer teaching cannabis law and policy.

Protective Recommendations for Federal Cannabis Legalization

The report makes three key constitutional policy recommendations to mitigate the risks of corporate consolidation and monopolization that may come with federal reform. Parabola also includes draft text addressing the potential solutions. 

The first recommendation explicitly preserves states’ rights to set their own cannabis laws “as designed and without disruption” in the face of federal reform. The report states that Congress should “specifically state that it does not intend to preempt, prohibit, or otherwise limit any state law, regulation, or requirement regardless of whether the state law affects interstate commerce or favors in state interests.”

The second recommendation deems that small, social equity and worker-owned cannabis businesses should gain priority in interstate cannabis commerce. These guidelines, per the recommendation, would be regulated through a registration system with the federal government, with registrations reserved for state-licensed entities that are involved in promoting industry diversity, that offer support and services to “disadvantaged individuals, veterans, or individuals and communities most affected by cannabis prohibition and enforcement” or protect the rights of workers to organize and co-own businesses.

Parabola also recommended a focus on avoiding U.S. Constitution’s Dormant Commerce clause violations. This clause prohibits states from preventing or restricting interstate commerce, additionally granting Congress the authority to regulate this type of commerce. Should cannabis see federal legalization, the report explains that state regulatory structures could open themselves up to liability under federal legalization should they keep their industries within their respective states. 

Still Time to Mitigate Risk

The report warns that, should the government legalize cannabis on a federal level without “explicit federal protections for state-based intrastate markets, everything will change once cannabis is de-scheduled. The world of legal cannabis will look nothing like it does now.” 

Without these protections, the report predicts that the end of federal legalization and demise of interstate barriers “will likely lead to consolidation of the cannabis industry and a monopolization of the market by large cannabis companies. Additionally, large corporations currently operating in other areas will enter the cannabis market once the risks and constraints of federal prohibition are removed.”

While there are surely benefits to federal cannabis legalization, the report argues that that market is “unlikely to prioritize the social equity goals that have driven many states’ existing policies.”

Parabola ultimately calls on Congress to protect state-level cannabis equity programs and limit market consolidation and monopolization, otherwise warning that “state efforts to create an equitable and inclusive industry will be wiped out.”

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Last Prisoner Project highlighted some startling realities despite recent promises and movement at the federal level to loosen laws around the prohibition of cannabis. 

One year after President Joe Biden pledged to expunge certain low-level cannabis convictions, Last Prisoner Project released its State of Cannabis Justice Report last week. While promises have been made, has anyone actually been released from prison?

On Oct. 6, 2022, Biden announced historic steps to advance the end of cannabis prohibition in the country by pardoning over 6,500 individuals for low-level cannabis offenses. And while it was a baby step in the right direction—”no one was actually released from prison,” Last Prisoner Project announced.

In addition, President Biden initiated a scheduling review of cannabis to lower it from Schedule I to Schedule III. But unless cannabis is fully descheduled, it would also not free any of the approximately 3,000 people who are still incarcerated at the federal level for cannabis.

“Justice is not achieved through mere legalization alone but by undoing the harms caused by cannabis prohibition,” the report announcement reads. “Twenty-four states have enacted cannabis-specific record clearance laws, and ten states have enacted cannabis-specific resentencing laws. Our report allows the public to compare, contrast, and learn more about each state’s effort to ameliorate the consequences of cannabis conviction.”

While a year has passed since Biden’s pledge, few things have changed for cannabis laws in the U.S.

“As we mark the first anniversary of President Biden’s cannabis proclamation, Last Prisoner Project reaffirms its dedication to the pursuit of justice, equity, and compassion,” the announcement continues.” We remain committed to dismantling the harmful legacy of the War on Drugs and ensuring that those affected by cannabis prohibition are not forgotten.”

What You Can Do

There are several ways LPP provides volunteers with tools to take action with small but effective deeds that can change the life for individuals impacted by the drug war.

Most people incarcerated for cannabis are convicted at the state level, it turns out. That’s why LPP wants volunteers to send thousands of letters from the public urging their governors to grant cannabis clemency through our Pardons to Progress campaign. 

LPP is also uplifting the voices of specific people who are harmed by cannabis criminalization through their Pen to Right History campaign. This includes people like Richeda Ashmeade, whose father is serving a 22-year sentence for cannabis. LPP commends the steps taken by President Biden so far, but they also want to urge the President to “right history by granting broad cannabis clemency–which he could achieve with the stroke of a pen.”

LPP focuses on three key criminal justice reform initiatives: prisoner release, cannabis record clearance, and reentry support. 

Arrests Continue

Mutulu Olugbala, aka M-1, of dead prez, was appointed to LPP’s Board of Directors, and performed in collaboration with LPP last March. 

He pointed out that people need to see the bigger picture. “It’s plain to see that the U.S. agenda of mass incarceration is still their priority,” M-1 told High Times last June. “This is glaring due to the changed public perception and recent decriminalization of cannabis. These contradictions expose the depth of injustice in this country as the undeniable power of plant medicine continues to grow.”

According to the FBI’s Crime Data Explorer, state and local law enforcement agencies reported 170,856 arrests for cannabis possession in 2021, slightly down from over 226,000 in 2020. 

There are many examples of lives that have been ruined by the federal prohibition of cannabis, but some progress has been made.Some progress has been made.. Richard DeLisi served 32 years of a 99-year sentence for a nonviolent crime. He was released from prison on Dec. 8, 2020. But during his time in prison, DeLisi’s wife and other family members passed away. His daughter was paralyzed, and he missed many memories. At age 71, he was released from prison in Florida, making him the longest-serving, nonviolent cannabis prisoner in the U.S. People like DeLisi deserve to have an early hand in legal cannabis, probably more than anyone.

Another example is California cannabis prisoner Luke Scarmazzo was freed from prison on Feb. 3. “Today, after serving nearly 15 years in prison for operating a cannabis dispensary, I was granted my freedom,” Scarmazzo wrote on his Facebook page. “The feeling is surreal. We’ve worked toward this day for so long. This was a huge victory for my family, friends, community and the entire cannabis movement. I’ll take a moment to enjoy this, but make no mistake, there’s still much work to be done—my people need to be free—and that hard work begins now.

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The Drug Enforcement Administration (DEA) recently released its National Forensic Laboratory Information System (NFLIS) Drug 2022 Annual Report, which compiles drug testing data collected during 2022.

The NFLIS collects drug results from drug cases across the country by federal, state, and local forensic labs, and compiles the data to report illegal drug use and trafficking trends. “NFLIS-Drug includes information on the specific substance and the characteristics of drug evidence, such as purity, quantity, and drug combinations,” the report explained. “These data are used to support drug scheduling decisions and to inform drug policy and drug enforcement initiatives nationally and in local communities around the country.” NFLIS began publishing data on illegal drug reports in 2001.

Between January 1, 2022-December 31, 2022, the report analyzed test results from 648,738 drug cases that were sent to state or local testing labs in the U.S., which were mainly drugs seized by law enforcement. Everything was examined by March 31, 2023, and 1,181,750 drug reports were reported. 

Among all the most frequently identified drugs across the nation, methamphetamine led as the drug with the highest number of reports (341,049), followed by cocaine (169,972), fentanyl (163,201), cannabis/THC (146,631), and heroin (41,227)—the combination of which totaled to 73% of all drug reports. In comparison to report data from previous years, methamphetamine decreased since 2021, cocaine data remained the same through 2022, fentanyl increased “significantly” starting from 2014 and through 2022, cannabis/THC decreased in 2022, as did heroin.

On a national scale, the report explained the increase in fluorofentanyl and alprazolam, the decrease of oxycodone and buprenorphine, but that psilocin/psilocybin saw a decrease between 2010-2016 and doubled between 2016-2022.

Regionally, psilocin/psilocybin reports increased in all regions with the exception of the western U.S., where the DEA noted a drastically decreased number of reports. Cannabis/THC reports also decreased in the northeast, southern, and western parts of the country.

A large majority of the report analyzes main drug categories, such as narcotic analgesics, which does not include cannabis. However, it does include an overview of synthetic cannabinoids, of which there were 5,410 reports in 2022—ultimately less than one percent of all drug reports. The most common were MDMB-en-PINACA (33%), ADB-BUTINACA (20%), and ADB-FUBIATA (4%). Synthetic cannabinoids were reported mainly in the northeastern U.S. (42%), the Midwest (37%), the west (31%), and the south (27%).

The report also included a detailed map of some of the country’s forensic laboratories, and the regional shifts between leading illegal drugs. For example, the highest percentages of methamphetamine were tested in Rapid City, South Dakota (74%), Fresno, California (65%), Los Angeles, California (63%), Lincoln, Nebraska (57%), and San Diego, California (51%). Cocaine drug testing, however, was found in Miami, Florida (45%), New York City (44%), McAllen, Texas (43%), and El Paso, Texas (38%). Heroin was more commonly tested in areas like Salt Lake City, Utah (14%), San Francisco, California (13%), and Chicago, Illinois (11%), and fentanyl was found the most in Phoenix, Arizona (45%), Santa Fe, New Mexico (34%), Seattle, Washington (32%), and Denver, Colorado (31%), among many others.

The aforementioned synthetic cannabinoid MDMB-en-PINACA was tested in only 4% of labs, and was reported in Birmingham, Alabama.

The report data reflects the harms of various drugs, but also shows how only illegal cannabis is a threat. The widespread acceptance and legalization of cannabis is reflected in other arms of the government as well, such as the U.S. Sentencing Commission which reported in October 2022 that 6,577 people could potentially receive pardons after President Joe Biden announced pardons for people with simple cannabis convictions.

This summer, the Justice Department Bureau of Justice Statistics (BJS) reported that there is a 61% decline in federal cannabis prisoners between 2013-2018. According to BJS director Alex Piquero, this was a significant decrease in prisoners compared to those imprisoned for other substances. “Although the number of people in federal prison for drug offenses decreased over this five-year span, they still accounted for a large share—almost half—of the people in [Federal Bureau of Prisons] BOP custody in 2018,” Piquero said. “At the same time, we saw differences by the type of drug involved, with more people incarcerated for heroin and methamphetamines and fewer for marijuana and cocaine.”

Unfortunately, the illegal cannabis industry continues to thrive, even if it’s a small percentage of illegal drug trafficking and sales overall. Last August, a Canadian Border Agency reported 2,000 pounds of illegal cannabis being exported. Just one month later in June 2022, 400 pounds of cannabis were found by U.S. Customs and Border Protection.

In June 2023, one driver unknowingly traveled through a U.S./Canadian border (allegedly following his GPS) with another 400 pounds of cannabis. In August, more than 2,000 pounds of cannabis hidden in frozen waffles was discovered at the border of Canada as well.

Earlier this month at the border of the U.S. and Mexico, two tons of cannabis (or ~4,000 pounds) were discovered in a truck, valued at $10 million.

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On June 22, U.S. Forest Service (USFS) deputy chief for business operations Tony Dixon published a statement exploring the relationship and impact of cannabis on federal employees.

“Over the last 10 years or so, our views around the use of marijuana have shifted radically,” Dixon stated. “Many states have legalized use of marijuana for medicinal purposes, and some have even allowed recreational use in much the same manner as tobacco or alcohol products. But where does that leave the federal government?”

Like other federal agencies, USFS employees are subject to the same federal laws as everyone else. However, he also explained the ongoing problem of federal employees not passing drug tests. “As a result of the confusion around these state-by-state changes, there has been a noticeable uptick in cases of employees failing drug tests,” he said. “Those results have been associated with the legalization of marijuana and have resulted in corrective action, including suspensions and loss of employment.”

Depending on the agency, some people are disqualified from applying if they have consumed cannabis within one year up to five years. The Federal Bureau of Investigation (FBI) previously required applicants to abstain from cannabis use for up to three years in order to be eligible for a job, although that was changed to one year back in July 2021.

The U.S. Secret Service used to allow applicants 24 or younger to apply for a job if they were cannabis-free for one year, and those 28 and older would need to be cannabis-free for at least five years. However, in May the agency updated its rules to allow applications to be reviewed for those who consume hemp-derived cannabis products within one year prior to the application.

According to Dixon though, cannabis can prevent employees from doing their work. “I value all my co-workers and want to ensure that we all continue to do the work we love in a safe environment,” he added. “I don’t want to see anyone penalized or even lose their jobs for something that could easily be avoided.”

“Many Forest Service employees already work in risky environments in the service of our communities,” he continued. “We want you to be aware of how this choice could have a negative effect on the rest of your lives. So, I wanted to take this time to refresh everyone on regulations and expectations placed upon us as Forest Service employees.”

Dixon addressed CBD as well, warning that some products inaccurately label products which contain trace amounts of THC and could potentially lead to a positive drug test. He also provides information for the Substance Abuse and Mental Health Administration’s National Helpline, and online resources for treatment for those “struggling with addi[c]tion.”

“Above all, I want to make sure that at the end of the day, no one’s employment is affected or cut short by situations that are within our control,” Dixon concluded. “Please remember that no matter the state, as a federal employee, you are always subject to federal law.”

Although Dixon suggests that federal employees should abstain from cannabis use, and cites substance abuse services if they have trouble doing so, some studies have found evidence that many substances can be used to treat certain forms of addiction. 

The results of a study published in JAMA Psychiatry in August 2022 found that psilocybin can be used to treat alcohol misuse disorder. 

In October 2022, a study published in Substance Use & Misuse stated that four out of five patients featured in the study reported a decrease or reduction in opioid use after using medical cannabis. “The findings suggest that some medical cannabis patients decreased opioid use without harming quality of life or health functioning, soon after the legalization of medical cannabis,” researchers explained.

In March, researchers wrote in an Addiction Neuroscience journal study that CBD helped female rats curb opioid addiction. “The ability of [whole-plant extract] to reduce opioid reward and drug seeking behavior appears quite robust and of great clinical utility,” researchers wrote. 

Another study published in the journal Expert Review of Neurotherapeutics earlier this year in April also found that many chronic pain patients who consumed cannabis for six months decreased their use of opioids. Researchers also found that “…patients prescribed oils or both types of CBMPs experienced reduced anxiety and an improvement in their ability to perform daily activities,” the authors wrote.

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The Senate Select Committee on Intelligence passed the FY24 Intelligence Authorization Act in a 17-0 vote on June 14, which includes a provision that prevents discrimination or denial of jobs in government intelligence agencies.

The bill was proposed by Sen. Ron Wyden, a senior member of the committee. “This bill includes historic bipartisan legislation reforming the country’s broken classification and declassification system,” said Wyden in a press release. “The bill also includes my provision to ensure that cannabis use will not disqualify intelligence community applicants from serving their country. It’s a commonsense change to ensure the IC [intelligence community] can recruit the most capable people possible. Finally, the bill includes critically important provisions to protect Intelligence Community whistleblowers.”

Previously in June 2022, Wyden filed an amendment that “prohibited any Federal agency from denying or revoking an individual’s eligibility for access to classified information solely because of past or present use of cannabis” last year. A second-degree amendment reduced to only intelligence agencies, including the Federal Bureau of Intelligence (FBI), Central Intelligence Agency (CIA), and National Security Agency (NSA). The original text which described “past or present use” was changed to “pre-employment.”

Later in September 2022, Wyden’s proposal was met with opposition from Sen. Chuck Grassley and Sen. John Cornyn who objected to its inclusion in the National Defense Authorization Act (NDAA).

According to Chairman Mark Warner, the FY24 Intelligence Authorization Act “furthers the Committee’s efforts to reform the security clearance process, so that the IC can attract and expeditiously on-board a talented, diverse, and trusted workforce to meet the emerging challenges we face.”

On March 8, Director of National Intelligence Avril Haines addressed the need for security clearance inclusions. “We recognize, frankly, that many states have legalized or decriminalized marijuana use and wanted to be sure that we’re not disqualifying people solely for that purpose in that context,” Haines said at the hearing.

“We obviously believe that we want to have the talent that exists in America—and when somebody is using it [cannabis] experimentally in a legal state that’s something that shouldn’t on its own essentially disqualify,” Haines continued. “We continue to approach this from a whole-person perspective. And we expect if anybody takes the job to comply with our policies and our laws in a trusted position.”

The discussion of security clearance for cannabis users goes further back to a memo from Haines in January 2022, following up from guidance signed in December 2021.

Other federal agencies have addressed cannabis consumption as well. 

Back in 2014, former FBI Director James Comey suggested that the agency should consider loosening employment rules for cannabis. “I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview,” Comey said, according to an interview with Wall Street Journal.

The FBI originally disqualified any applicants of they had consumed cannabis within the past three years of their application. Now as of July 2021, the rule applies to cannabis use within one year.

In March, the Bureau of Alcohol, Tobacco, Firearms and Explosives revised its rules so that anyone who has legally cultivated, manufactured or sold cannabis would still be considered for a job. However, those who did so in violation of state law would be disqualified.

In May, the U.S. Secret Service (USSS) updated its rules on cannabis use for applicants, stating that those who have used hemp-derived CBD products within one year prior to their application would be reviewed “on a case-by-case basis by adjudicative personnel.” Previously, the USSS based its rules around age, where 24 years or younger could apply after one year free of cannabis consumption, but 28 and older would not be eligible for at least five years after consumption.

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The time is now to expedite the process and get proof of pardon for low-level federal cannabis convictions that no longer stand today yet still haunt individuals, sometimes decades later. According to a March 3 announcement, the U.S. Department of Justice is launching the application to make the process easier for people with low-level federal cannabis convictions. 

For people who are interested, you’ll need to gather personal details like name, mailing address, email address, and citizenship status. You’ll also need to know the docket or case number and the code section that was charged, and provide copies of documentation, such as charging documents (indictment, complaint, or criminal information) or conviction documents. It’s also important to know the exact date the sentence was imposed.

Pardons for low-level cannabis convictions were promised by President Joe Biden last October.

“Today, the Justice Department is launching an application for eligible individuals to receive certificate of proof that they were pardoned under the Oct. 6, 2022, proclamation by President Biden,” the department wrote on March 3. 

“On Oct. 6, 2022, the President announced a full, unconditional and categorical pardon for prior federal and D.C. offenses of simple possession of marijuana. The President’s pardon lifts barriers to housing, employment and educational opportunities for thousands of people with those prior convictions. President Biden directed the Justice Department to develop a process for individuals to receive their certificate of pardon.”

The Application for Certificate of Pardon will be available on the Office of the Pardon Attorney’s website. People with eligible cases may submit documentation to the Office of the Pardon Attorney and receive a certificate indicating the person was pardoned on Oct. 6, 2022, for simple possession of cannabis.

The President’s pardon can assist pardoned cases by removing civil or legal penalties such as restrictions on the right to vote, to hold office, or to sit on a jury.

The process makes getting proof of pardon quite a bit easier for people seeking to obtain licenses, bonds, or employment. President Biden said last October that the point of pardoning low-level cannabis convictions is to “help relieve the consequences arising from these convictions.” 

In order to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of cannabis in either a federal court or D.C. Superior Court, and the applicant must have legally resided the United States at the time of the offense. In addition, an individual must have been a U.S. citizen or lawful permanent resident on Oct. 6, 2022.

Those who were convicted of state-level cannabis offenses do not qualify for the pardon.

In a historic move on October 6, 2022, Biden announced that he will pardon people with federal convictions for simple possession of cannabis, and announced that he will direct the U.S. Attorney General Merrick B. Garland and Secretary of the Department of Health and Human Services Xavier Becerra to begin the process of reviewing the classification of cannabis at the federal level.

The White House statement noted that under current federal law, cannabis falls under Schedule I alongside deadly drugs like fentanyl. The White House will  “review expeditiously” the plant’s current classification.

“As I’ve said before, no one should be in jail just for using or possessing marijuana,” Biden tweeted. “Today, I’m taking steps to end our failed approach. Allow me to lay them out.”

For more information about determining eligibility and to find answers to frequently asked questions, visit Presidential Proclamation on Marijuana Possession.

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