Cannabis

Subscribe to Cannabis via RSS

A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s Ho-Chunk, are following suit. As of April 30, the Ho-Chunk tribal legislature voted to decriminalize cannabis on its tribal lands. Yet, as the Drug Enforcement Administration (DEA) advances the rescheduling of cannabis under the Controlled Substances Act, complex jurisdictional questions remain regarding the enforcement of cannabis laws at the tribal and state levels. Among them, as of 2024, can tribes legalize cannabis use and sale on their own lands?

Key Points

  • On October 6, 2022, President Biden issued a full pardon for all federal convictions for simple possession of marijuana, urged state governors to pardon state-level possession convictions, and encouraged rescheduling of marijuana under federal law.
  • The pardon only applies to simple marijuana possession convictions under federal law and the District of Columbia’s criminal code.
  • The pardon does not extend to any state marijuana offenses or any federal offenses other than simple possession.
  • Pardoned convictions will still appear on an individual’s record but will be accompanied by a certificate of pardon.
  • Pardons “forgive” the conviction and remove any restrictions on a person’s right to vote, hold office, or sit on a jury that may have been imposed by the conviction.