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Tag: Joe Biden

What Does Joe Biden’s Announcement Mean For The International Cannabis Industry?

United States President Joe Biden made a big announcement today regarding federal cannabis policy, indicating that he is issuing a pardon to everyone convicted of a federal cannabis possession charge. You will be hard pressed to find a mainstream media outlet that isn’t covering it in some fashion, although many of those outlets appear to be overstating some components of the announcement, especially as it pertains to the emerging cannabis industry.

It’s very important for people to understand what President Biden’s announcement involves, what it doesn’t involve, and where things will likely go from here. It’s amazing news to be sure given the historical context of cannabis prohibition in the United States at the federal level. However, as will all things cannabis politics related, it’s important to keep everything in perspective.

What Did Joe Biden Announce?

President Joe Biden’s announcement essentially had three components. The first is that he will be issuing pardons to people convicted of federal cannabis possession charges. Initial estimates seem to be that the scope of cases will be about 6,500 total. To some cannabis advocates that number seems super low, but people need to realize what exactly Biden’s pardon covers, and equally important, what it does not cover.

Biden only has the power to pardon people convicted of federal charges, not state charges, and there are way more people with state convictions on their records versus federal. Furthermore, Biden is not extending pardons to people that have cultivation or distribution related convictions on their records, only personal possession. With all of that in mind, the 6,500 statistic that is being floated around doesn’t seem too low to me, although, only time will tell how many cases it ends up involving.

The second component of Biden’s announcement is that he will be encouraging state governors to adopt his pardon effort at the state level. It is unclear at this time what governors, if any, will follow Biden’s lead, although several states in the U.S. have already taken similar measures (as well as additional measures). Lastly, President Biden is tasking his related Department heads to re-examine the United States’ cannabis policies, with a heavy focus on scheduling. Currently, cannabis is classified as a Schedule I substance in the United States – the strictest classification possible.

Good News For The Industry?

As it stands right now, very little of what Joe Biden announced today pertains to the cannabis industry, let alone provides it any direct relief or assistance. After all, cannabis possession pardons don’t have any industry component. With that being said, the fact that the sitting U.S. president is taking an active role in exploring federal cannabis policy reform, and in the case of pardons, he is taking significant action, that is obviously a great thing.

The United States has historically led the charge when it comes to global cannabis prohibition, and while the same zest for prohibition has not been found in recent administrations compared to the likes of the Nixon administration, prohibition and reefer madness talking points have largely continued to dominate the rhetorical landscape.

“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.” Biden stated in his announcement.

Notice he didn’t say that the industry shouldn’t be allowed, but rather, he spoke from a pro-regulatory position. At the very least, there is a clear change in tone out of the White House when it comes to the emerging cannabis industry, and that is bound to help change at least some lawmakers’ minds around the globe, and hopefully, soften their hearts a bit.

Is The Biden White House Waiting On Germany To Move Ahead On Recreational Reform?

The US president is putting off further conversation about American cannabis reform until after the mid-terms. Is he waiting for Germany if not Europe beyond that, to go first?

President Joe Biden’s track record on cannabis reform is very poor. This has not changed since he entered public service in Congress.

The most recent discussion is how fast the Administration might move forward on the reforms it has promised – namely stopping the federal imprisonment of people convicted of non-violent cannabis crimes. In July, six senators sent a letter to Biden to express their frustration over the failure to substantively address the many harms of Drug War policies. They urged Biden to use executive clemency authority to help speed this up.

So far, Biden has ignored such calls. Indeed, according to Marijuana Moment, a leading cannabis policy publication in the US, as of last Friday, the President announced that he was punting any new drug reform policy until after the mid-terms.

Is Biden waiting for other countries to go first?

The Giant Discussion Over International Cannabis Policy Is On

One of the reasons that Biden may be waiting until after the mid-terms, apart from the fact that Democrats seem to be on course to do well in the off-year elections, is that he may be waiting for the conversation in Germany, if not Europe, beyond that, to proceed. It is widely expected that a draft bill of the German cannabis legalization bill will be made public either late this fall or early next year. This, along with the working group of European nations now focused on cannabis legalization (which includes Malta and Luxembourg), is the first international attempt by multiple countries to address both domestic law and international regulation.

One of the thornier issues, according to conventional wisdom, is how countries (and regions like the EU) will move forward to implement recreational reform without thumbing their noses at, or withdrawing completely from, the two main international laws that now make cannabis illegal. Namely, the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.

Germany, after all is the fourth largest economy on the planet. America is number one, with a GDP five times larger. Nonetheless, the fact that Germany will go first, or so the rumours continue to say out of Berlin, will give political cover to those who have gone before (Canada and Uruguay) as well as those who have yet to take the plunge.

One thing is for sure. In Germany, national politicians are ready for the change, not to mention the German people – and no matter when Biden chooses to proceed, it is almost certain at this point, that Germany will go first.

What A Biden Win Will Mean For US-European Cannabis

The impact of the new Biden presidency will be felt in U.S. exports to Europe.

There is one thing to absolutely rejoice across the industry about the new Biden win. Given the European Parliament’s recent vote to raise the amount of THC in hemp that is sold here (as raw flower) from 2-3%, the signs are good that American biomass (at least) will find a ready home in Europe.

What this development means, beyond the potential for European harmonization on at least hemp, is that the European market is opening itself up to (at least) biomass of the American kind.

Beyond this, the US-EU MRA which went into effect in July last year means that American firms who meet the strictures of EU-GMP will also be able to import across a continent that is looking for sources of high-grade product as the entire conversation now trickles through the political process.

However, the reality is that the normalization of the entire conversation in the U.S. including decriminalization (at minimum for now), and the equalization of the topic in Europe will absolutely lead to greater opportunities for the American industry, finally, to expand to Europe in a much more concentrated way.

The biggest issue, as still continues to haunt the Canadians, is meeting those European certs. And that, beyond EU-GMP on the cultivation side, and Novel Food if not EU-BIO on the hemp one, also applies to labeling.

The Hurdles Are Still High

One of the biggest hurdles facing American exporters, as those who have begun to brave these new waters know, is making sure that certs match up all the way down the chain. This starts with American farmers familiarizing themselves on how to grow crops that are acceptable in the European market place, and further, how to find exporters who have the ability to translate both state and federal law to customs officials.

That in and of itself is still a shark-strewn body of water, but it is also one in which those who meet standard quality tests will win. This is a conversation that absolutely comes down to science. The calibrating tests now available and indeed required, do not lie.

For the latest trends in a still-developing market, be sure to stay tuned to the International Cannabis Business Conference blog as well as attend the conferences when they return to Europe in 2021!

Is Joe Biden Finally Coming On Board With Cannabis?

Remote campaign stumps, and a flagging economy aside, one of the key issues for the 2020 presidential campaign in the United States will absolutely include cannabis reform.

So far, the Democratic Party itself, which dates back to the back door squabbling seen since 2014, has been less than progressive on the topic of cannabis. Bernie Sanders put the issue squarely in the national spotlight, but this issue alone was not enough to get him to the top of the Democratic nominee ticket.

However, in another sign that Biden is taking policies straight from the Bernie playbook, in early May, the former VP and this year’s Democratic presidential contender, appears to be incorporating certain aspects of normalization into his policies, should he become president.

Biden’s platform for racial justice released plans for modest drug reform proposals, focusing rather on decriminalization for the use of cannabis rather than full legalization. He also proposed expunging all prior cannabis use convictions which his campaign released earlier this month.

While the proposal also talks about normalizing all drug sentencing (i.e. eliminating harsher sentencing for crack rather than cocaine) as well as changing broader criminal justice policies such as mandatory minimum sentencing and diverting people with minor drug convictions to treatment rather than prison, many advocates are still hoping that he will up the ante on cannabis a bit more. If not before the election, then certainly after it.

Before he occupied the White House, Biden’s record was far from progressive on drugs, and during his time in the Senate, he both authored and supported punitive drug laws that contributed in no small part to mass incarceration, including many in the African American community. The Obama White House, in which Biden served as a Vice President, also moved slowly on the cannabis issue, although it was during the Obama Presidency that the legal state movement finally took off. Under Trump, those procedural protections for the states, known broadly as the Cole Memo, were unraveled although new states have come online during his presidency, on both the medical and recreational front.

While it is clear that Biden is shifting his position, in part due to Trump’s intransigence on federal reform and also to try to attract Sanders’ supporters, who have so far been lukewarm about the Democratic contender, it will clearly not be enough.

The cannabis industry has continued to power through the Covid Pandemic, although clearly it has also been affected by shutdowns and restrictions in every state. But five and a half years after the start of the Colorado and Washington State recreational markets, and numerous states following suit, it will inevitably be a source of jobs in a country now in the midst of the worst economic crisis in ninety years. Federal reform is necessary if only to normalize a now wide-spread industry that generates billions of dollars and creates thousands of American jobs.

Time will tell how convincing the now large and established cannabis industry will be over the summer and into the fall election in pushing Biden to take a stand Americans want and have been advocating for, for decades. That said, legalization might well be the issue that helps Biden clearly not only distinguish himself from Trump in a world where healthcare concerns are increasingly a priority for Americans, and indeed, where cannabis itself might help prevent future infections, if not help those inoculated with a future vaccine better tolerate their medicine.

For the best global updates on the state of the cannabis industry, be sure to attend an International Cannabis Business Conference event as the world starts normalizing later this year.