Will Joe Biden Legalize Cannabis if Elected President?

The question regarding whether President Joe Biden would legalize cannabis if elected has been a frequent topic of discussion. However, it is essential to understand the true scope of power and the roles that different branches of government play in the legal framework of the United States.

Debunking the Misconception

The fundamental misunderstanding often lies in the belief that the president has the sole authority to change laws, including the Schedule 1 status of marijuana. This is a common misconception, stemming from the desire for clear and direct action from the executive branch.

JOE BIDEN DOES NOT MAKE LAWS. It is crucial to know that the power to make laws lies primarily with Congress. The President can have influence, particularly through executive orders and federal policy initiatives, but the ultimate authority over legislation, including drug scheduling, rests with Congress.

President Biden, who has often portrayed himself as a centrist candidate, has historically expressed his opposition to the legalization of cannabis. While he can advocate for changes or propose legislation, the final decision on whether cannabis will be legalized or its current status as a Schedule 1 drug changed is not within his purview.

Why Congress Cannot Simply Legalize Cannabis

The move to legalize or reschedule cannabis is a complex issue, especially given the international treaties that the United States has signed. These treaties require the U.S. and other signatory countries to criminalize the drug, making it challenging to change the current status.

For President Biden to legalize cannabis, or for the U.S. to change the Schedule 1 status, Congress would need to act. This involves a series of legislative processes, which can be long and arduous.

Even if Congress were to legalize cannabis, it would still need to consider various factors such as public health, legal compliance, and the potential economic impacts. The process would also require support from the international community, as changing the Schedule 1 classification in the U.S. would necessitate negotiating with and potentially amending existing treaties.

Comparative Analyses and Considerations

There have been ongoing debates about aligning the criminal status of marijuana with that of other substances. For example, some argue that tobacco should be classified in the same way as marijuana due to its harmful effects. However, the criteria for classifying substances into the Controlled Substances Act, which includes factors such as addiction, public health impact, and potential for abuse, treat tobacco differently.

Why not align tobacco with marijuana? The Controlled Substances Act classifies substances based on multiple factors, including the potential for addiction, public health concerns, and the risk of abuse. Tobacco is regulated under separate legislation, the Federal Food, Drug, and Cosmetic Act (FDC Act), due to its specific use as a consumer product for smoking.

While the classification of substances under the Controlled Substances Act and the FDC Act can seem intertwined, they serve distinct purposes and are regulated separately. Congressional actions would need to address both the CSA and the FDC Act to fully align the regulation of these substances.

Conclusion

In conclusion, the question of whether Joe Biden would legalize cannabis if elected president is a complex one that goes beyond the powers and actions of the executive branch. Legalization and rescheduling of cannabis would require comprehensive legislative efforts by Congress, addressing not only the U.S. internal legal framework but also the international treaties and agreements the U.S. is a part of.

While President Biden can advocate for change and support such legislation, the ultimate decision rests with Congress. Until there is a shift in the legislative landscape, the status of cannabis as a Schedule 1 drug is unlikely to change in the near future.