President Biden Announces Cannabis Move to Schedule III

Stephen Post • May 16, 2024

Sarah Gersten, Executive Director of Last Prisoner Project, said, "As President Biden takes this crucial step towards cannabis reclassification, we acknowledge the progress made in recognizing the failures of our past approach. Yet, rescheduling alone won't rectify the injustices endured by countless individuals affected by cannabis criminalization. While we commend efforts to advance progress and reduce barriers, true justice requires more. We stand firm in our commitment to advocating for complete descheduling, retroactive relief, and comprehensive legalization. Every step forward must be accompanied by tangible actions to expunge records, release prisoners, and restore lives. We urge continued bipartisan cooperation and decisive action to right the wrongs of the War on Drugs."


In October of 2022, President Biden made a series of historic cannabis-related executive actions, including initiating a review by the Department of Health and Human Services (HHS) and the Department of Justice on how cannabis is scheduled under federal law. In August 2023, HHS recommended rescheduling cannabis from a Schedule I drug to a Schedule III drug and referred it to the Drug Enforcement Agency (DEA) for final approval. The DEA announced its decision to approve the HHS recommendation to reschedule cannabis to Schedule III.


As shown above, today, President Biden formally announced the move to reschedule cannabis to schedule III. Now, he proposal goes to the White House Office of Management and Budget (OMB), to review the rule. If approved by OMB, the proposed rescheduling would go to public comment before being finalized.


This historic announcement is the culmination of years of advocacy by Last Prisoner Project (LPP) and other advocacy groups to push the federal government to better reflect the public’s view on cannabis. While the move is undoubtedly a step forward for the movement, it does not meet LPP’s goal to fully remove cannabis from the Controlled Substances Act and its associated criminal penalties.


So then, what exactly does this schedule change mean for cannabis justice reform?


While the action could result in some favorable tax and banking reform for the cannabis industry and more dedicated research for cannabis patients, there are no changes in how the criminal legal system punishes cannabis users. Rescheduling is a peripheral change that signals the reevaluation of cannabis, but not the release of cannabis prisoners or relief for those who continue to be burdened by the lasting consequences of the carceral system. In short, this announcement represents progress but not justice.


Despite not achieving full legalization, we must use this historic moment to push the fight for cannabis justice forward by broadening the scope of Biden’s cannabis clemency action, working with Congress and certain administrative agencies to both provide retroactive relief and to reduce prospective cannabis criminal enforcement, and incentivizing states to provide broad retroactive relief, particularly in states that have adopted a fully legal cannabis market. Learn more about ways cannabis justice advocates can leverage this change to advance reforms in our recent 
memo


LPP is committed to continuing the fight for cannabis justice until everyone is fully free from the harms of the War on Drugs. This means advocating for cannabis to be fully descheduled. To ensure we keep the pressure on descheduling, retroactive relief, and full legalization, Last Prisoner Project helped organize the largest bipartisan group of cannabis advocates in Washington D.C. on April 18th, 2024 for our 
420 Unity Day of Action to urge Congress and the President to take further action. 


Last Prisoner Project believes that complete descheduling is a necessary step towards correcting past injustices and creating a fair and equitable criminal legal system. We will continue to leverage the momentum achieved from our advocacy to ensure that individuals burdened with past cannabis convictions have their records expunged and all cannabis prisoners are released, regardless of the federal scheduling decision.


You can listen to Vice President, Kamala Harris's recent comments on the move below. Additionally, you can read the DOJ rulemaking submission here and we encourage the public to submit their comments using http://www.regulations.gov and following their online site instructions for submitting comments.


October 27, 2025
Featuring Carmelo Anthony, Omari Hardwick, Calvin “Megatron” Johnson, and other cultural icons, the NYC event united artists, advocates, and changemakers to advance cannabis justice.
September 24, 2025
NEW YORK, NY – September 24, 2025 – The Last Prisoner Project (LPP) will host its sold-out second annual Journey to Justice Gala on Wednesday, October 15, at Sony Hall in New York City, bringing together artists, advocates, and supporters to celebrate progress toward ending the War on Cannabis. This year’s gala will spotlight the resilience of individuals directly impacted by cannabis incarceration, sharing their stories through powerful performances and heartfelt tributes. Special guests include NBA All-Star Carmelo Anthony , co-founder of Grand National with Jesce Horton, and Brandon “Beedy” Pierce—an agency supporting LPP. Also in attendance will be NFL Hall of Famer Calvin Johnson , Eddie, and Dr. Wendy Osefo of The Real Housewives of Potomac , and comedian and actor Guy Torry , who will serve as the evening’s MC. Additional guests include Jason Flom , Khaliah Ali , and Fab 5 Freddy . The night will also feature a live performance by Joy Oladokun and Bartees Strange and a DJ set by Keith Shocklee , founding member of Public Enemy. “I’m just thrilled to lend a voice to such a noble cause, so that everyone who supports Happy Eddie through purchasing my products will know that no one should be in prison for something that is now legal in many states,” said Eddie Osefo, owner of Happy Eddie . “As we come together as a community to celebrate and advocate for criminal justice reform and lessening social stigmas around cannabis, we must remember to support organizations like LPP that provide prisoner support initiatives aiming to improve the lives of incarcerated constituents by providing them with financial and emotional support during their time behind bars." The gala will honor LPP constituents who have returned home and are now advocating for others. Award recipients include Mario Ramos , who served 13 months for cannabis before opening his New York City dispensary, Conbud, and Deshaun Durham , granted clemency by Kansas Governor Laura Kelly last year, who now champions reform efforts. The evening will also recognize the work of LPP’s Cannabis Justice Initiative (CJI) , which has saved constituents more than 350 years of unjust sentences, including seven life sentences. Additional honorees include Leonel Villaseñor and Jose Sepulveda, two federal clemency recipients who returned home earlier this year. Stephanie Shepard, who served a 10-year federal sentence and is now Board Chairwoman and Director of Advocacy at Last Prisoner Project , said, “The Journey to Justice Gala is a powerful celebration of freedom and the lives forever changed through our work. This year, we’re honored to uplift several of our formerly incarcerated constituents—like DeShaun Durham, who is now thriving and leading in his community after years behind bars for cannabis. Your attendance helps us raise the critical funds needed to support more stories like his. Join us for a night of purpose, progress, and people power.” Proceeds from the sold-out event will directly support Last Prisoner Project’s legal, policy, and reentry programs, ensuring their longevity and impact. Last Prisoner Project thanks its sponsors — Goodwin, DeLisioso, Gotham, Grand National, General Hydroponics, Vladick, Raskin and Clark, Edie Parker, Free My Weedman, Happy Eddie, Primitiv, GTI, iAnthus, ConBud, Ethos Cannabis, BATCH, PuffCo, Sweed, and Ben and Jerry’s— for making this evening possible. Additional thanks go to newly added sponsors Dutchie, Ayrloom, Emerald Dispensary, Flower Mill, 3isFor, and Canopy USA. For more information or to view sponsorship packages, visit the Last Prisoner Project Gala website. For Media Inquiries: Will Mesinger, West End Strategy Team wmesinger@westendstrategy.com | LPP@westendstrategy.com
August 6, 2025
Wednesday, October 15 at Sony Hall in New York City Notable Guests Include Carmelo Anthony, Calvin “Megatron” Johnson, Dr. Wendy & Eddie Osefo, Fab 5 Freddy, Jason Flom & Khaliah Ali, Donte West, Keith Shocklee and Studdah Man of Public Enemy, and Guy Torry with a Performance by Joy Oladokun PURCHASE TICKETS & MORE INFORMATION