Biden's Controversial Comment on Marijuana Legalization
Criminal Law

Biden’s Controversial Instagram Post: Make Marijuana Great Again!

| March 8, 2024

Instagram is one of the best ways to reach out to people. However, with net neutrality and other community guidelines, only some things are allowed on Instagram.   

Today, Biden made a controversial post on how possessing and using marijuana shouldn’t get an individual with jail time. This has raged a controversial war over social media and has stirred various controversies.   

Even though some people might agree with Biden’s notions, there are certain reasons why marijuana cannot be legalized in the USA.   

Piqued your interest, didn’t we? Keep reading to know more.

Historic Context of Marijuana Prohibition in the USA

Historic Context of Marijuana Prohibition in the USA

Here’s a brief history of marijuana prohibition in the United States:   

Early Regulation

Several jurisdictions began to regulate cannabis in the early twentieth century in response to worries about its psychotropic properties. By the 1930s, numerous states had laws that limited or prohibited marijuana usage.   

The Reefer Madness Era

In the 1930s, a sensationalist anti-marijuana movement was driven by propaganda films like “Reefer Madness,” which presented cannabis as a harmful narcotic that causes violence and insanity. This led to a national drive for tougher marijuana regulations.   

Federal Prohibition

The Marihuana Tax Act, passed in 1937, essentially criminalized marijuana on a federal level. Although the legislation did not explicitly prohibit cannabis, it did establish stringent rules and fees, making it impossible to buy legally.   

The Rise of the War on Drugs

In the 1970s, President Richard Nixon proclaimed a “War on Drugs,” stepping up efforts to combat drug usage and trafficking. This resulted in marijuana being classified as a Schedule I controlled substance under the Controlled Substances Act of 1970, alongside substances such as heroin and LSD, with no accepted medicinal purpose and a significant potential for abuse.   

The Impact of the War on Drugs

The War on Drugs imposed harsh punishments for marijuana-related offenses, such as lengthy jail terms and asset forfeiture. It disproportionately impacted communities of color, resulting in racial inequities in arrest and imprisonment rates.   

Medicinal Marijuana Movement  

Despite federal prohibition, in the late twentieth century, there was a rising movement advocating for the medicinal use of marijuana to treat symptoms of a variety of medical ailments, including chronic pain, nausea, and seizures.   

State Legalization Initiatives  

Several states approved medicinal marijuana legislation in the 1990s and early 2000s, defying federal prohibition. This trend continued in the 2010s, with Colorado and Washington being the first states to legalize recreational marijuana in 2012.   

Continuous Federal Prohibition  

Despite rising state legalization, marijuana is still illegal under federal law. The disagreement between state and federal regulations has produced legal ambiguities and obstacles for cannabis-related enterprises.   

Policies and Perception on Marijuana Legalization

Policies and Perception on Marijuana Legalization

Here is an overview of regulations and views about marijuana legalization:   

State Legalization Efforts

Over the last several decades, numerous states in the United States have approved legislation legalizing marijuana for medicinal and recreational use. These laws differ in terms of rules, taxes, and licensing requirements.   

Federal Prohibition

Despite increased state legalization, marijuana remains illegal on the federal level in the United States. This has resulted in a contradiction between state and federal legislation, creating legal uncertainty and hurdles for cannabis-related enterprises.   

Public Opinion

The public’s attitude toward marijuana legalization has altered dramatically in recent years. Polls suggest that the majority of Americans now support legalizing marijuana for medicinal and recreational use. This shift in attitude reflects a rising understanding of cannabis’ potential advantages, as well as worries about the social and economic consequences of prohibition.   

Medical Benefits

One of the most compelling reasons in favor of marijuana legalization is its possible medicinal advantages. According to research, cannabis can help relieve symptoms of a variety of medical ailments, including chronic pain, epilepsy, multiple sclerosis, and chemotherapy-induced nausea. Healthcare experts, patients, and advocacy groups have all expressed support for legalizing medical marijuana.   

Social Justice 

Social justice advocates for marijuana legalization frequently emphasize the social justice implications of the present drug policy. Prohibition has disproportionately affected communities of color, resulting in racial inequities in arrest and imprisonment rates for marijuana-related offenses. Legalization is viewed as a means of reducing inequities and promoting equality in the criminal justice system.  

Conflict Between Federal and State Laws

Conflict Between Federal and State Laws

The conflict between federal and state marijuana legalization legislation in the United States is a complicated and continuing problem. While an increasing number of states have legalized marijuana for medical and/or recreational purposes, it remains a Schedule I restricted narcotics under federal law. This gap has resulted in legal uncertainty and obstacles for cannabis sector operators, including people, corporations, and law enforcement.  

Marijuana possession, cultivation, distribution, and sale are all unlawful under federal law, regardless of state legalization initiatives. As a result, even if individuals and corporations follow state rules, they may face federal charges. Furthermore, contradictory rules make it difficult for financial institutions to offer banking services to cannabis-related firms, limiting their capacity to operate lawfully and openly.   

The contradiction between federal and state laws emphasizes the need for comprehensive federal drug policy reform to resolve discrepancies, explain legal ambiguities, and offer clarity to cannabis business stakeholders. Until federal laws are modified to comply with state legalization efforts, tension between opposing authorities will remain, providing problems for the efficient implementation of marijuana legalization across the United States.  

Future Outlook and Potential for Reform in Marijuana Legalization

The future of marijuana legalization in the United States seems hopeful, with increased support for change at both the state and federal levels. As more states legalize marijuana for medical and recreational purposes, public support for legalization has reached an all-time high. This shift in attitude reflects changing attitudes about cannabis, as well as an understanding of the economic, social, and criminal justice advantages of reform.   

On the federal level, there is growing bipartisan support for cannabis policy change. Amendments to federal legislation, such as the MORE Act and the STATES Act, aim to harmonize conflicting state and federal marijuana laws, remove cannabis from the list of prohibited narcotics, and address concerns such as banking access and criminal justice reform.   

Furthermore, the Biden administration’s attitude on marijuana has demonstrated a willingness to reform, including support for legalization, erasure of prior convictions, and rescheduling cannabis at the federal level. However, the speed and breadth of federal reform remain unpredictable as political dynamics and legislative priorities shift.  

Wrapping Up…

Overall, the prospects for marijuana legalization reform in the United States are optimistic, with continuing initiatives at both the state and federal levels likely to transform cannabis policy and regulation in the coming years. 

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Titas Ghosh Chaudhury
Titas Ghosh Chaudhury

Titas is a lawyer with a penchant for writing. In her leisure hours she likes to read books and collect Pokemon plushies and stay updated with different law judgements.


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