Biden’s Executive Order on Cannabis is a Welcome “October Surprise.”

But for it to be Meaningful Beyond November, There is Still More To Do.

3 min readOct 8, 2022

by Bridget Hennessey, Vice President- Public Affairs at Weedmaps

In politics, it’s called an “October Surprise” — a super-newsworthy planned or organic event or announcement juicy enough to influence the election scheduled for the following month.

On Thursday, President Joe Biden delivered a doozy. Without the usual advance notice to news media, or leak to a friendly columnist, the president announced that he pardoned about 6500 individuals previously convicted of a federal non-violent cannabis possession charge. He pardoned thousands more convicted in Washington, DC as well. Recognizing that his authority only goes so far, and that the majority of these type of convictions are in the states, he’s urged governors to take similar action.

He also directed Attorney General Merrick Garland and Secretary of Health and Human Services Xavier Becerra to evaluate if cannabis (currently a “Schedule 1” drug) is appropriately scheduled on the List of Controlled Substances. Other Schedule 1 drugs include heroin and LSD and are considered to have no acceptable medical use.

So it looks like President Biden is moving to legalize cannabis at the federal level–meaning that soon, cannabis will be legal across the country, not just some states, right?

Not so fast. Really. There is nothing fast-moving here. De-scheduling cannabis would be a lengthy process, likely years. Clinical trials and other lengthy research would be required. And even international treaties we have with other countries would undergo painstaking review and scrutiny. Some may have to be renegotiated to move cannabis up to Schedule 2. And that doesn’t equal federal legalization.

Legalization? There is nothing in the President’s Executive Order that addresses the SAFE Banking Act or allows cannabis businesses to access banking, something every other business in the US has easy access to. His actions don’t fix the 280E tax problem, or any tax problem facing the cannabis industry for that matter. Interstate commerce? Advertising? Medical research? Nope. Nope. And nope.

So all sizzle and no steak? Well, not exactly.

The pardons are significant and lift the debilitating housing, employment and education burdens and devastating social stigma that have plagued too many Americans as the result of an unjust criminal record.

Calling on governors to do likewise is a logical force-multiplier. It’s also a brilliant political strategy. The White House knows which governors will run to and embrace his request. And they know which governors will run away from it–whether they use the excuse that their state does not grant them such authority, or that they simply disagree and won’t do it. Lines in the sand can be useful come Election Day.

Although he is not on any ballot next month, I’d argue that the president is always on the ballot. His coattails can offer a boost to the candidates that are running. However, President Biden has never been a big fan of cannabis. It wasn’t an issue he highlighted on the campaign trail, or pushed to advance legislation once he got to the White House. But poll after poll shows that an overwhelming percentage of Americans support cannabis legalization for both medical and adult use.

The old saying goes: If the time isn’t ripe, you must ripen the time. The time is exactly ripe for Biden to do this.

Addressing cannabis’ classification as a Schedule 1 drug–similar to heroin and LSD and with no medical benefit–is long overdue. This classification is untrue, idiotic and an embarrassment for the United States in the eyes of the global medical community. The fact that thirty-seven states have legalized cannabis for medical use and 19 states have legalized it for adult-use underscores the point beautifully.

And mostly overlooked by the pundits and news media today–President Biden has signaled that the era of ‘Reefer Madness’ is over. Cannabis businesses are real businesses that provide good jobs and make positive contributions to the local and national economy. He is showing the industry respect. He’s given the industry legitimacy.

Surprise or steak? I will take either.

Bridget Hennessey is Vice President of Public Affairs at Weedmaps, the technology platform powering the global cannabis industry.




Weedmaps is a community where businesses and consumers can search and discover #cannabis products.