The U.S. Congressional Research Service released a new report that found that President Joe Biden has the authority to give widespread clemency to anyone who has broken federal cannabis statutes, and before relying on Congress to take action, his office may proceed with federal cannabis legalization.
CRS determined that Biden could instruct federal departments to examine “altering the scheduling of marijuana or changing their enforcement approach.” This involves getting federal regulators to begin the procedure of removing cannabis from the Controlled Substances Act with no need for further congressional approval.
According to CRS, Biden is unable to unilaterally declassify cannabis individually, contradicting what others, such as Senate Budget Chairman Bernie Sanders, have speculated that a presidential administration may do so with executive orders.
