In his 40 years in the Senate, as is now well known, Biden was a key architect of harsh criminal penalties for nonviolent drug users. Undoing much of his own work was one way to make sense of a large part of the criminal justice plan his presidential campaign recently released. Finding a centrist's safe-and-happy medium on weed in particular, Biden has not embraced legalization—a.k.a. commercialized, recreational pot use—but has claimed to back decriminalization, or removing at least most pot offenses from the criminal justice system.

But Biden is actually pushing a policy that could wreck the growing American weed industry and massively disrupt users' access to the drug, attorneys, consultants, academics, and entrepreneurs well-versed in US cannabis policy say.

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The proposal would do for cannabis "the same thing it’s done for meth: Ensure reduced research initiatives, selective prosecution, and a thriving black market," said Michael Backes, a Southern California-based cannabis industry consultant and author of Cannabis Pharmacy: The Practical Guide to Medical Marijuana.

Selling cannabis like other Schedule II drugs, in "a closed system, only by prescription, only sold by licensed pharmacies, would be massively disruptive," Herzberg concluded. "It would produce massive changes—and if it were actually enforced, there could be no recreational marijuana at all."