1-866-OUR-VOTE: Dark Histories, Legalization and This Generation's Most Important Election
These past several years have marked seemingly unprecedented times in this country.
Most Americans can’t recall being faced with such a polarizing election and the power to right historical wrongs that transcend politics. As the November 3rd election day draws near, one such burning topic on the minds of voters is the ongoing issue of cannabis regulation.
Currently, cannabis is listed federally as a Schedule 1 substance but has been legalized in 33 states for medicinal use, with 14 of those states also supporting recreational use.
These states benefited, evidenced by the industry’s nearly $14 billion of business in 2019 and the creation of roughly 340,000 jobs.
Despite new studies pointing to the numerous health benefits of cannabis-derived products, the cultural shedding of archaic stigmas regarding the plant and users, and the financial success in legalized states, at the federal level attitudes towards marijuana have not shifted as rapidly.
The question beckons to our current presidential candidates: which side of history will you be on when legalization is inevitably achieved? We believe that this is pivotal and that it could tilt the scales in the presidential race. Let us take a moment on this issue of cannabis regulation to consider the stances historically of presidential nominee Joe Biden, his vice president Kamala Harris, and incumbent Donald Trump. Is sweeping legislation on the horizon? Will we remain mindful of the contrasts between legalization and decriminalization? What could this mean for historically disenfranchised BIPOC?
At the same time as the country said good-bye to the 2010’s and entered a new decade, January 1, 2020, Illinois joined Vermont as the second state under the current administration to legalize recreational use of marijuana. In the past 4 years, nearly a dozen other states have either legalized cannabis to varying extents or largely decriminalized its use by means of fines and other recourse. The highlight: progress is possible whether the Federal Government takes the initiative set by the people or not. Not surprisingly, Trump wavered from his 2018 promise to continue Obama-era marijuana policies, namely those shielding legalized states from Federal intervention. The United States Congress has repeatedly stepped up their role as a check and balance within government. The Trump administration’s 2019 and 2020 budget proposals each attempted to omit these state protections; however Congress approved the budgets on both occasions the necessary state protections. Say it loud: perhaps members of Congress (1) better reflect the public's rapidly changing sentiments and (2) respect science to not only dispel myths surrounding cannabis and to discover numerous ways the plant can improve our quality of life.
Is it possible that a desperate Trump may hinge his re-election bets upon a campaign promise of total legalization?
Lest we not forget a leaked recording of Donald Trump associating marijuana use with, ironically enough, a loss in IQ points. Let us learn by looking at his actions. His budget proposal for 2021:
attempts to destabilize state legalized medical programs
adds funds for increased FDA regulation of cannabis derived products (including animal feed), and
shifts funding from the White House drug control office to the DEA (Drug Enforcement Administration).
Trump has proven an uncanny knack for enduring controversy that might shatter more establishment candidates but his record on moving cannabis forward is clear.
On the “other side” a look at the records of Biden & Harris, not opposed to controversy themselves, should quell any possibility of radical flips with issues such as drug reform.
Resistance to marijuana legalization and state protection does not stop with the current POTUS. A Department of Justice whistleblower recently testified implicating Attorney General Barr in misappropriating DOJ resources by orchestrating undue antitrust investigations into mergers of cannabis companies. These allegations should come as no surprise considering Barr’s repeated stance on state legalization, which he views as “blatant and untenable” undermining of Federal policies. Barr also finds himself a defendant in a number of medicinal marijuana cases being pursued against the Drug Enforcement Administration for its outlandish distinction of marijuana as a Schedule 1 substance based on the assertion that it has, “no currently accepted medical use and a high potential for abuse”.
Congress and the Courts have largely preserved recent efforts towards legalization. It is clear that a Trump re-election could ultimately signal harsher or more of the same in terms of Federal views on cannabis regulation and enforcement. This, as any movement for change, should be looked at from both a glass half-full and a glass half-empty perspective. The only real progress we should expect is from individual states since state representatives are better aligned with the interests and needs of their constituents. Local activism and mobilization is the way to empower this movement and increase the likelihood of legalization and “aid” to state coffers dealing with COVID economic recovery.
Cannabis enterprises and consumers stand a better chance of achieving cannabis legalization at the Federal level with the swearing-in of Joe Biden and Kamala Harris as president and vice president on January 20, 2021. Don’t pull out the party favorites just yet, though! Interestingly enough, Biden and Harris have taken their turns being grilled throughout this election season on prior attitudes they’ve expressed on the criminalization of cannabis. We will delve into this further a bit later. Senator Biden bolstered his tough on crime reputation by drafting bills centered around very punitive measures. Yes, Senator Biden kinship with the fabled and much maligned “War on Drugs” is part of the record. Add to this, the well documented prosecutorial career of VP Harris highlighted by harsh crack down on users and distributors of marijuana. We recognize that the American public’s opinion of cannabis has changed drastically, with support for legalization doubling from around 31% in 2000 to an estimated 62% as recently as 2018. This data, coupled with differing vantage points between lawmakers and enforcers and presidential hopefuls, may reasonably explain why Biden’s and Harris’ sentiments have flipped so substantially. Again, more on their change of perspective later.
It is still a hazy picture for drug reform should the Democratic ticket win the November 2020 election.
All indications are that a President Biden is onboard with medicinal applications, marijuana decriminalization efforts that might entail monetary fines in place of jail time, expungement of existing records for some previous offenses, and declassification of the plant from its current status as a Schedule 1 drug.
Nonetheless, the Biden team will not embrace the Sanders executive order within 100 days to deschedule marijuana position. Look for a more conservative forward movement from a President Biden calling for more studies pertaining to the long-term implications of cannabis use. On the other hand, in the last couple of years, VP Harris appears to be totally onboard with cannabis legalization having shifted from a zero-tolerance policy to favoring decriminalization,and most recently joining Senator Cory Booker’s 2018 push for Federal legalization. Senator Harris is the sponsor of The Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act. The MORE Act generally decriminalizes and deschedules cannabis, provides for reinvestment in certain persons adversely impacted by the War on Drugs and provides for expungement of certain cannabis offenses. In 2018, Senator Harris signed on as a co-sponsor of the Secure and Fair Enforcement (SAFE) Banking Act that would protect banks from federal penalties related to cannabis transactions. Now (2020) Democraic Presidential candidate Biden not only agrees with loosening of “pot” penalties but with respecting each state’s decision on legalization-medical and recreation. Clearly, Biden’s outlook is more favorable for cannabis proponents with a possible “guiding light” from a more enlightened Vice President than a second-term for the incumbent with “death blow” from his “personal” AG.
Despite the past troubling records of Joe Biden and Kamala Harris on criminal-justice reform, i.e., Biden's mandatory minimums in the 80’s and Harris’ oppressive tactics as San Francisco’s District Attorney and California’s Attorney General, it seems that each has grown more cognizant of the general public’s growing acceptance of cannabis’ potential to enhance individual lives as well as local economies. Just as important as creating avenues for financial gain in the cannabis sector is the need to make whole the large swaths of communities, primarily Black and Brown communities, who have been and are still devastated by predatory regulations against the sale, possession, and consumption of the cannabis plant. The 2018 First Step Act created an avenue for restorative justice that commuted sentences of individuals doing time under harsh mandatory minimums, with Black and Brown people comprising the majority of those who received solace from pardoning. Ultimately however, truly fair and forward-thinking restorative strategies must incorporate the release of those imprisoned for minor drug offenses.
To conclude, a Biden “regime” would prioritize the decriminalization of cannabis and expungement of records; not a Trump consideration. Trump’s objectives are clear: empower law and drug enforcement entities and undermine progressive state cannabis policies. For eligible voters who care about criminal justice reform including the legalization or decriminalization of cannabis, the Democratic ticket earns your vote this fall.
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