SIMPLE USE OF POSSESSION MARIJUANA - NO LONGER WORTH JAIL TIME SAYS JOE BIDEN, POTUS

The 46^th President of the United States of America, President Joe Biden announced his intentions on Thursday the 6th of October 2022 to stop the jailing of persons who were found in simple possession of marijuana and was going to go further to offer a federal pardon to those who were already in jail because of simple ounces of marijuana/cannabis possession. According to his speech when he ran for president, He reiterated his commitment to ending the jailing of persons for using possession marijuana.

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He said that marijuana is already legal in many states and criminal records for marijuana possession have led to needless barriers to employment, housing, and educational opportunities. He also highlighted the racial discrimination seen in the arrest of offenders. Biden also added that black and brown people are far more convicted and prosecuted for these crimes despite the fact that whites and blacks use marijuana equally.

 Photo by Richard T on Unsplash

He went ahead to make a proposition in which he made mention of taking three steps that should end the failed approach. Before reporting these three steps, I thought it wise to give a sneak peek into America's laws relating to the use of cannabis otherwise called Marijuana

                                                                 

Short Overview of the US Laws Relating Marijuana 

According to the Federal  Controlled Substance Act of 1970, cannabis was classified as a schedule 1 substance due to its high potential to lead to abuse and no accepted medical use. However, about 37 states have legalised its use, especially in the medical field. The conundrum surrounding the use of cannabis dates back to 1853. 

Recreational Cannabis then was seen to be a fashionable narcotic but the option of criminalizing its use was undergoing lots of scrutiny up until 1906 when its criminalization was strengthened by the Pure Food and Drug act. Franklin D Roosevelt in 1935 promoted the outlawing of cannabis for recreational use. 

Mandatory sentencing began in 1952 where first-time cannabis possession offenders were given a minimum of 2-10years jail tenure and a fine of $20,000. Prison sentences were later cancelled and the use of cannabis lost its position as a felony to a mere misdemeanour. After that, cannabis was banned again and this time even for medical use.

Regan introduced 25years of jail time for caught repetitive users and even capital punishment for drug kingpins who dealt in the cannabis trade. 

Photo by Add Weed on Unsplash

With the 'Smoke a Joint, Lose your License Law' in 1990, offenders had their driving licenses revoked after being caught in possession of cannabis. Getting a job and admission will later become a major problem for those who were found with simple possession of cannabis even though it is for medical use.

A comic relief then was that George Washington grew Cannabis on his estate when he was alive. It was a plea for Cannabis to be legalized.

Photo source: Wikipedia : The Stamp of “I grew Hemp” on this dollar bill was used to promote the legalization of Cannabis on the bases that even George Washington grew Hemp on his estate

However, The state of California decriminalized the use of cannabis and later the State of Nevada followed suit. Cannabis later was allowed for recreational purposes and medical purposes in some states in America. Nevertheless, the use of marijuana still remained a Federal Crime. The greatest battle against marijuana usage began in early 2001 and before 2013, more than 600,000 persons have been arrested over its illegal use.

The Three(3) Steps to End Failed Approach

                                                                   POTUS: President Joe Biden

According to the President's Official Twitter handle, below were his three steps to correct the failure of the US in his own words in the handling of issues relating to the use of possession marijuana and I quote:

1. I’m pardoning all prior federal offences of simple marijuana possession. There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden.

2. I’m calling on governors to pardon simple state marijuana possession offences. Just as no one should be in federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either.

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3. We classify marijuana at the same level as heroin and more serious than Fentanyl. It makes no sense. I’m asking @SecBecerra and the Attorney General to initiate the process of reviewing how marijuana is scheduled under federal law

Furthermore, He added "I’d also like to note that as federal and state regulations change, we still need important limitations on trafficking, marketing, and underage sales of marijuana. Sending people to jail for possessing marijuana has upended too many lives – for conduct that is legal in many states. That’s before you address the clear racial disparities around prosecution and conviction. Today, we begin to right these wrongs".

Will the action of POTUS lead to what people might want to perceive as an era where the US laws on marijuana will be completely abolished and its production, transportation and usage will simply be taxed duly? Will the Right to Personal Use of Substances prevail in the end? Only time will tell.

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