Biden justly revamps U.S. pot policy

Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.

•••

As part of the decades-long war on drugs, the U.S. government made possession of marijuana a federal crime in the 1970s, punishable by up to a year in prison. But President Joe Biden has now reversed course, offering pardons to those who have struggled too long under the stigma of federal convictions for marijuana possession.

"Sending people to jail for possessing marijuana has upended too many lives — for conduct that is legal in many states," Biden said on Twitter when he announced the new policy, fulfilling a campaign pledge. "That's before you address the clear racial disparities around prosecution and conviction. Today, we begin to right those wrongs.

"There are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result. My action will help relieve the collateral consequences arising from these convictions."

The wrongs occurred on numerous fronts. Overly aggressive enforcement pushed many otherwise law-abiding citizens into the criminal justice system. Biden noted that thousands of those with prior federal convictions for possession might be denied jobs, housing or educational opportunities.

Untold taxpayer dollars have gone into offenders' pursuit, arrest and often imprisonment. Worse, justice was far from color-blind. Black Americans have been arrested or cited far more than whites. In a September analysis, the Minnesota Reformer noted that Black Minnesotans were nearly five times as likely to be arrested on marijuana charges. Possession has been decriminalized in Minnesota — it is a petty misdemeanor, subject only to a fine — but even so, law enforcement made more than 6,000 arrests or citations in 2021, with nearly 90% of those for simple possession.

That makes the federal law not only archaic but dangerous in that it creates a playing field that is both uneven and difficult to discern. Even when cannabis is legal at the state level, the U.S. Drug Enforcement Agency lists it as a Schedule 1 drug. Those drugs, which include heroin and LSD, are deemed to have "no currently accepted medical use and a high potential for abuse." Interestingly, fentanyl, the scourge behind mounting overdoses here and in other states and so deadly that even small amounts can kill, is in the lower Schedule 2 category.

Thankfully, along with the pardons, Biden is directing Secretary of Human Services Xavier Becerra and Attorney General Merrick Garland to begin a review of that scheduling. Rescheduling cannabis could finally make possible the comprehensive research that has long been needed. Marijuana has been touted as the answer to an increasingly lengthy list of medical issues, but anecdotal evidence is a poor substitute for broad-based, rigorous scientific research.

Minnesota House Majority Leader Ryan Winkler, who led legislation to legalize cannabis in Minnesota in 2021, told an editorial writer that Biden's actions "show that he recognizes our criminal justice approach to prohibiting the use of cannabis has been unjust and used to target people based on race. It is an important step forward."

Biden also urged governors to take similar action, though pardons in Minnesota are controlled through the Board of Pardons, not the governor's unilateral action.

Winkler said that as part of full legalization for recreational use, which the House passed in 2021, his bill would also have offered automatic expungement for simple possession. Expungement goes further than a pardon, Winkler said. "With a pardon, the offense is still on your record," he said. "With expungement, it's gone. That clears the way for people when it comes to housing applications, professional licenses, loans and jobs." Though the bill passed the House, the Senate did not consider it.

In the last legislative session, Minnesota legalized the sale of edibles and beverages containing lower levels of THC, the active ingredient in cannabis. Whether it moves toward full legalization is a step that awaits further deliberation and action by the Legislature and/or voters.

In any case, what makes sense is for Minnesota to act on Biden's urging and expunge the records of so many who have been adjudicated for simple possession at the state level.