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MARIJUANA MOMENT

BIDEN CAMPAIGN SAYS TRUMP ‘TOOK MARIJUANA REFORM BACKWARDS’ BY RESCINDING
ENFORCEMENT MEMO, DESPITE CURRENT ADMIN FAILING TO REINSTATE IT


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POLITICS


BIDEN CAMPAIGN SAYS TRUMP ‘TOOK MARIJUANA REFORM BACKWARDS’ BY RESCINDING
ENFORCEMENT MEMO, DESPITE CURRENT ADMIN FAILING TO REINSTATE IT

Published

8 seconds ago

on

April 26, 2024

By

Kyle Jaeger

The Biden reelection campaign says the Trump administration “took marijuana
reform backwards” by rescinding Justice Department guidance that promoted
discretion in federal cannabis prosecutions.

In an email distributed on Thursday, the Biden-Harris campaign touted the vice
president’s White House roundtable with recent pardon recipients who received
clemency for drug-related convictions and contrasted various criminal justice
reform initiatives with the record of former President Donald Trump, who is the
presumptive Republican nominee in this year’s presidential election.

Vice President Kamala Harris’s event—where she again touted President Joe
Biden’s mass cannabis pardons—comes in “stark contrast with the Trump
administration’s failures on criminal justice reform,” the Democratic ticket’s
campaign email said, listing various policy actions from the former president.

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“Trump and his administration took marijuana reform backwards, withdrawing
guidelines to limit prosecutions of marijuana offenses that were legal under
state laws,” the email says.

That’s a reference to former Attorney General Jeff Sessions’s move to rescind
Obama-era guidance known as the Cole memo that laid out federal cannabis
enforcement priorities, generally formalizing a policy of non-intervention for
state-legal marijuana activity.



The practical impact of the decision was limited, as states have continued to
operate legal marketplaces and approve additional legalization laws largely
without federal interference. But the move was symbolically significant, raising
concerns about a potential federal crackdown that never ultimately materialized.

While the Biden campaign email criticized the prior administration’s action,
however, it omitted the fact that any cannabis guidance has yet to be reissued
under the current administration—despite Attorney General Merrick Garland saying
in June 2022 that DOJ would be addressing the issue “in the days ahead.”

When Garland was asked about the issue during a Senate Judiciary Committee
hearing last March, he said that it was “fair to expect” that the updated
marijuana policy would be “very close to what was done in the Cole Memorandum.”



Two Democratic congressional lawmakers said in a letter to Garland late last
month that it is “unacceptable” that the Justice Department has yet to reissue
the federal marijuana enforcement guidance to discourage interference in state
cannabis programs, leaving Americans in a “legal limbo” despite promises to
update the policy.

In any case, the Biden campaign’s choice to draw the cannabis contrast is
notable, representing one of the latest examples of how the president is aiming
to leverage the popularity of marijuana reform ahead of the November election.

“On criminal justice, the contrast couldn’t be clearer: while Trump talks about
pardoning January 6th rioters and celebrating violence, Vice President Harris
and President Biden are giving a second chance to people convicted of nonviolent
drug offenses,” Biden-Harris campaign spokesperson James Singer said in
Thursday’s email.



Meanwhile, on the cannabis holiday 4/20 last Saturday, both Biden and Harris
promoted marijuana policy reform in social media posts at exactly 4:20pm ET.

The president also discussed the cannabis actions in a historic context last
month, during his State of the Union address.

Earlier this month, Biden, Harris and a top Justice Department official all
marked “Second Chance Month” by separately touting the administration’s mass
marijuana pardons—another acknowledgement from the White House that cannabis
reform is a focus heading into the November election.



Read the full Biden campaign email below:

FOR IMMEDIATE RELEASE
April 25, 2024

Vice President Harris Highlights Biden Administration Pardons, Criminal Justice
Contrast With Trump Failures

Today at the White House, Vice President Harris hosted Kim Kardashian and others
to hold a roundtable discussion on criminal justice reform. It comes after last
month’s White House discussion on marijuana reform, led by Vice President
Harris.

At the event, 4 of the 16 recipients of President Biden’s latest pardons and
commutations attended. These individuals were convicted of nonviolent drug
offenses and many received longer sentences than they would have under current
law and practice.



This is in stark contrast with the Trump administration’s failures on criminal
justice reform:

 * * Crime: Under Trump, America was less safe. Violent crime rose and murder
     increased 29.4% in 2020.
   * Commutations and Pardons: Trump granted fewer commutations and pardons than
     nearly any modern president – and many of the crony grants he did give went
     to well-connected offenders and “an orgy of pardons for politically
     connected business moguls, real estate barons and disgraced former members
     of Congress.” Trump himself openly acknowledged mega-donors made his pardon
     decisions.
   * Sentencing Reform: Trump’s own administration blocked implementation of
     sentencing reform he brags about. His Department of Justice sought to
     reincarcerate an inmate Trump touted at the White House for the bill
     signing. And under Trump, the Department of Justice ordered prosecutors to
     unnecessarily charge offenses with mandatory minimums and sought to undo
     justice reform.
   * Marijuana: Trump and his administration took marijuana reform backwards,
     withdrawing guidelines to limit prosecutions of marijuana offenses that
     were legal under state laws.
   * Policing: Trump has said he would instruct police officers to shoot
     shoplifters. As president, he inflamed tensions between the police and the
     communities they serve. He insisted police departments use “stop and frisk”
     and sought to block local police reform. His administration also reduced
     oversight of police departments and repeatedly proposed cutting funding for
     local police departments and combating illicit drug flows.
   * Trump’s Project 2025 agenda: Pardon violent January 6th rioters while
     worsening racial inequity in the justice system, prosecute his political
     opponents, and criminalize abortion.



The following is a statement from Biden-Harris campaign spokesperson James
Singer:

“On criminal justice, the contrast couldn’t be clearer: while Trump talks about
pardoning January 6th rioters and celebrating violence, Vice President Harris
and President Biden are giving a second chance to people convicted of nonviolent
drug offenses.”

###



Paid for by Biden for President

> Judge Schedules Oral Arguments In Marijuana Companies’ Lawsuit Challenging
> Federal Prohibition



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Related Topics:featured

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Kyle Jaeger


Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.



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