Same Laws, Different Administration: What does a Biden Presidency mean for Cannabis Reform?

While it is an understatement that this new administration is a breath of fresh air, compared to the turbulent side show the past four years, President-elect Joe Biden built a large portion of his political career on being known as a fighter in the “war on drugs.” These facts raised the attention of the cannabis reform community to how this administration has evolved its stance on cannabis since the inception of their political careers. President Biden & Vice-President Harris have a history of supporting legislation as senators that set harsh penalties for some drug offenses, and aided in mass incarceration of minorities.

During his primary campaign, many remember Biden as one of the few Democratic candidates who did not support federal legalization of marijuana for recreational use. The then Presidential candidate cited concerns that it could be a “gateway drug”. But during the general-election campaign, he softened his stance, saying that the drug should be decriminalized and that individual states should decide whether to legalize it for recreational use. As the general-election campaign progressed, Kamala D. Harris, Biden’s running mate and a former prosecutor, also advocated for the decriminalization of marijuana despite past opposition to legalizing it. During the October vice-presidential debate, Harris said a Biden-Harris administration “will decriminalize marijuana, and we will expunge the records of those who have been convicted of marijuana” crimes.

Currently, marijuana remains illegal under federal law. This leaves users and suppliers vulnerable to prosecution, even in places where the plant is otherwise legally sold and used. The nation’s growing cannabis industry also faces hurdles in transporting its products across state lines and accessing the country’s federally regulated banking system.

Despite the newly elected leaders of the free world having a past riddled with tough criminal reform measures and opposition against the legalization of marijuana, there is a promising sign within their administration appointments. This includes Rhode Island Gov. Gina Raimondo, who was nominated to lead the Commerce Department. Gov, Raimondo actively pushed for legalization in her state and included adult-use legalization in her 2020 budget. The plan would have included provisions opposed by many industry activists – such as the prohibition of home cultivation, a cap on THC, and putting sales in the hand of the state like some states have in place for alcohol.

Another positive for cannabis reform advocates, users, and business owners alike, are the successful Senate races of Jon Ossoff & Rev. Raphael Warnock in Georgia. This partisan shift will give the Biden-Harris administration a one up on the Obama Administration, control of the House and Senate! This creates an avenue for cannabis reform laws to now be legitimately considered by public officials who have already shown favoritism on creating leniency in the cannabis industry. If nothing else, there should be a noticeable ease on the federal interference of state-level legalized cannabis users and businesses.

Cali of the South

With 11 states currently allowing recreational sales of marijuana and almost all 50 states allowing the sale of hemp-derived CBD products, THC has become a household name and societal norm.

In true fashion, the south has remained one of the regions in the United States where marijuana is still illegal for both recreational and medical use. It is also an area where marijuana crimes are still heavily prosecuted. But in certain jurisdictions where marijuana laws have been relaxed, there has emerged a subculture of cannabis enthusiast groups, educators, and entrepreneurs that revel in sharing their elevated experiences and information with other like minded individuals.

The underground market has always been a fixture in America's culture, but with laws changing everyday, a level of freedom allows people to explore everything cannabis culture has to offer. At the top of the list of those places is Atlanta, GA. This southern hub has become a cultural and business mecca of entertainment, talent, Fortune 500 corporations, fashion, and restaurateurs. The underground market in Atlanta is not exempt from being a go-to for out of towners looking to indulge in experiences not easily attainable where they are located.

Normally, someone living in a state where marijuana is still deemed an illegal substance, cannabis consumers are forced to choose between shady corner salesmen with a limited supply and even more limited knowledge of what they are selling you. But in this bustling metropolis, those in the know can find everything from high quality concentrates, exotic rare flower strains, to accurately dosed ingestibles.

A new wave of entrepreneurs have emerged and are taking over before officially being given the greenlight. It still comes with its challenges despite relaxed enforcement and widespread acceptance. Finding venues that cater to this lifestyle, sourcing ingredients and tools, lack of marketing exposure due to advertising restrictions make serving or consuming somewhat of a task.

This is a culture that will continue to grow and thrive regardless of whether the state chooses to grow as well. Becoming educated on the local, state, and federal laws and the consequences that accompany them are a MUST for all within the cannabis community. Visit the NORML - Georgia Laws and Penalties website for information on current Georgia marijuana laws.

Safe Toking!