“Rescheduling marijuana and granting pardons should not mark the conclusion of this administration’s historic efforts,” the letter states. “This is just the first step in using executive authority to undo the damage caused by decades of failed marijuana policy.”
A Push for Broader Clemency
The lawmakers are also calling on President Biden to expand his clemency efforts, urging him to take immediate action to address the disproportionate impact of marijuana convictions, particularly for those incarcerated for low-level offenses. The letter highlights a major gap in the president’s previous pardons: while announced with much fanfare, the pardons have not led to any immediate releases from prison. This is because most low-level marijuana offenses are prosecuted at the state and local levels, leaving federal clemency largely symbolic.
“The president should issue broader clemency, including another round of pardons and commutations to reduce sentences or end terms of incarceration,” the letter urges. “We also ask him to push state governors to expand marijuana clemency and decriminalize low-level marijuana offenses under state law.”
Reinstating the Cole Memo
Beyond clemency, the lawmakers recommend that the Department of Justice reinstate the Cole Memo, a policy crafted under the Obama administration to direct federal prosecutors to make cannabis-related cases a low enforcement priority in states that had legalized marijuana. The memo was rescinded in 2018 by then-Attorney General Jeff Sessions, but Democrats argue its reinstatement could significantly reduce federal interference with state-regulated cannabis industries.
