Biden's Bid to Legalize Marijuana: Debunking Myths and Reality

President Joe Biden's administration and supporters have often discussed the possibility of federal marijuana legalization. However, misconceptions and myths abound regarding the President's ability to change the legal status of marijuana. This article aims to clarify the reality behind these discussions and the role of federal law, international treaties, and Congressional authority.

Myth: President Biden Has the Authority to Change the Schedule 1 Status of Marijuana

Many assume that the President can unilaterally change the legal status of marijuana at the federal level. This is a common misconception. The true authority to make changes to federal law lies with Congress, not the President. As Biden's actions are constrained by Congressional legislation, it is essential to understand the role of Congress and the limitations imposed by international treaties.

Reality: Congress Holds the Keys to Marijuana Legalization

JOE BIDEN DOES NOT MAKE LAWS. This is a crucial point often overlooked by the general public. The President's influence over policy is significant, but it is Congress that has the final say in matters of federal law, including the legalization of marijuana.

For marijuana to be legalized at the federal level, Congressional action is necessary. The President can use his influence to lobby for such a change and depending on the political climate, may be able to encourage key legislators to support such legislation. However, without Congressional approval, any changes remain unenforceable under federal law.

International Treaties: A Barrier to Federal Legalization

While Congress can legalize marijuana, it faces significant challenges due to its international obligations. The United States is a signatory to various international treaties that require all parties to criminalize the use and production of certain drugs, including marijuana. For example, the International Convention on Psychotropic Substances (ICPS) is one such treaty that explicitly requires member states to classify marijuana as prohibited.

Technically, the US could withdraw from these treaties or seek to amend them. However, doing so would be a complex and time-consuming process, involving negotiations and ratification by other signatory nations. In the meantime, the US remains bound by these commitments.

Alternative Approaches: tobacco as a Case Study

Some argue that if marijuana is so problematic, why not classify it alongside tobacco products? Tobacco is indeed a noxious and addictive substance, but the reasons for its classification as a controlled substance under federal law are different. Unlike marijuana, tobacco is already widely available and regulated by state and federal laws. Its classification as a prohibited substance is more related to public health concerns and the long history of tobacco regulation.

Furthermore, the legal framework for tobacco and marijuana is considerably different. For example, marijuana is currently regulated under the Controlled Substances Act (CSA), while tobacco products are managed by the FDA's Center for Tobacco Products. This difference in regulatory structure plays a significant role in how each substance is treated.

Conclusion: The Path to Federal Legalization

The real question surrounding marijuana legalization at the federal level is not whether Joe Biden can make it happen, but rather, how the legislative process and international obligations will navigate these challenges. While the President can influence the process, the ultimate decision rests with Congress and the broader political landscape.

To truly legalize marijuana at the federal level, comprehensive legislative action is required. This would involve overcoming the complexities of international treaties and finding a way to align federal law with contemporary medical and social understandings of marijuana's benefits and risks.