Harris Pledges to Legalize Recreational Marijuana Nationally

As Americans go to the polls today, they do so with the chance to vote for the first U.S. presidential candidate from a mainstream party to call to fully legalize recreational cannabis for adults. The Guardian reports that Vice President Kamala Harris has pledged to end the federal prohibition on marijuana. At the same time, she promises to help Black men would have space in the industry. Proponents have held this platform to be critical to the social justice aspect of repealing cannabis prohibition, as past policies have unfairly targeted the demographic.

However, even supporters are quick to note that federal policy is not something that a president can necessarily change overnight. Moreover, it remains an open question as to whether voters will empower Harris to make these changes. Polls remain tight, and pundits suggest a coin-flip election. Former President Donald Trump, for his part, has waffled on his stance regarding legalized cannabis during this election season. He certainly made no major efforts to change federal cannabis policy during his four years in office.

Where Harris Stands

Harris has not historically been popular with advocates for cannabis regulation reform, given her zealous prosecution of marijuana crimes in California. As district attorney in San Francisco, her prosecutors secured over 1,900 convictions on marijuana-related offenses. At the same time, she defended the use of cannabis for medicinal purposes.

Nor did Harris change her tune when she ran for statewide office. She opposed recreational marijuana sales during her first run for California Attorney General in 2010 and remained in that position during her reelection campaign. At the same time, she developed a reputation as a tough, rule-of-law prosecutor, appealing convictions that judges had tossed.

However, she changed her tune after her election to the U.S. Senate in 2016. There, she began cultivating a more progressive stance in line with a changing Democratic base. At the same time as she argued against cash bail, she began arguing for changes to federal drug policy. In a 2019 radio interview, she said, “I did inhale [marijuana],” a reference to Bill Clinton’s hard-to-believe assertion in 1992 that he had smoked cannabis “but not inhaled.” Harris said it was “absurd” that federal law scheduled marijuana the same way it did fentanyl, describing it as “patently unfair.”

Existing Biden Administration Policy

Compounding matters is the fact that the Biden administration, of which Harris is a part, has charted an unclear course regarding cannabis policy. As a senator, Joe Biden was known as a “strong advocate of antinarcotics efforts,” as the New York Times put it in an article from October 1982. Like Harris, though, Biden’s stance softened over time as voters became more tolerant of cannabis use broadly and loosening of prohibitions specifically. By 2020, Biden was running for president and saying that no one should go to prison for simple marijuana possession. At the same time, he continued to express his belief that marijuana served as a gateway drug.

In 2022, President Biden announced that he would pardon those convicted of federal simple possession of marijuana. However, as the Guardian notes, only a small percentage of convictions actually received expungements—an outcome one advocate described as “kind of embarrassing.”

On the other hand, the administration did begin the process of rescheduling marijuana from a Schedule I to a Schedule III drug. Per the DEA, Schedule I drugs are those that have “no currently accepted medical use and a high potential for abuse.” Examples include heroin, LSD, ecstasy, and peyote. Schedule III drugs, on the other hand, have “a moderate to low potential for physical and psychological dependence.” Examples include ketamine, anabolic steroids, testosterone, and products with less than 90 milligrams of codeine per dosage unit. Reclassification should ease taxes on marijuana companies where the drug is legal and promote marijuana research.

The Republican Stance on Cannabis

Republicans are considerably more divided on the question of federal cannabis legalization than Democrats. As a general rule, the more religious segment of the caucus opposes drug legalization of any kind. Business-first Republicans tend to be more supportive of legalization due to the industry’s capitalization prospects. Of note among this group is former Speaker of the House John Boehner, who became a supporter of legalization in part because of its financial benefits. The party’s smaller libertarian faction generally supports legalization out of political principle.

The latter two camps better represent rank-and-file Republican voters, at least according to Pew Research. A poll conducted by the firm this spring found that 42% of respondents who identified as Republican or Lean Republican supported full legalization. Another 40% believed that only medical marijuana should be legal. Only 17% of these respondents believed that cannabis should be illegal under all circumstances.

Donald Trump, for his part, has come out in favor of Florida’s Amendment 3, which would allow for the possession, purchase, and use of recreational marijuana for those 21 and older. On September 8, the former president said on his Truth Social app, “As a Floridian, I will be voting yes on Amendment 3 this November.” The previous month, he said to reporters gathered at Mar-a-Lago, his Palm Beach residence, that the growing number of states legalizing marijuana made him agree with it “a lot more.”

“As we legalize [cannabis] throughout the country, whether that’s a good thing or a bad thing, it’s awfully hard to have people all over the jails that are in jail right now for something that’s legal,” he said at the time.

However, the Republican presidential candidate has yet to offer a fleshed-out policy about what that process might look like.

What Happens Next?

Americans are currently heading to the polls across the country to cast their ballots in the 2024 U.S. presidential election. Until we know the results, it’s difficult to say what changes could be on the horizon. However, you can be sure that Cannabutter Digest will always have the latest news about all things marijuana-related. Visit regularly to stay in the loop, and while you’re at it, be sure to check out our recipes, reviews, and more!