The Democrats’ Missed Opportunity on Legal Weed
The Biden administration has made significant strides in legalizing marijuana, but the Democratic Party has failed to capitalize on this momentum in the 2024 presidential election. Despite the popularity of cannabis reform, Democratic candidate Kamala Harris has been slow to take a strong stance on the issue, allowing her opponent, Donald Trump, to seize the initiative.
Biden’s executive order in October 2022 declared federal marijuana law a “failed approach” and ordered Cabinet-level agencies to review it. This move led to a recommendation from health regulators to reclassify cannabis as a schedule 3 drug, down from schedule 1. The Justice Department, including the DEA, subsequently acquiesced, marking the first loosening of federal restrictions on marijuana since Richard Nixon signed the Controlled Substances Act in 1970.
For most of the past decade, cannabis reform has been seen as a wedge issue that favors Democrats and hurts Republicans. However, public opinion has shifted, and polls show that a majority of young voters, independents, and even some conservatives now favor legalization. Despite this, Democrats have failed to make cannabis reform a key campaign issue.
Trump’s endorsement of marijuana legalization in September 2024 was seen as a surprise move, but it was largely a reflection of public opinion. His support for legalization is not a radical departure from his previous stance, as he has taken a benign approach to reform during his presidency.
Harris, on the other hand, has a mixed record on cannabis reform. As San Francisco’s district attorney, she prosecuted marijuana crimes, but she also oversaw a law that made possession the “lowest priority” for law enforcement. As senator, she sponsored the Marijuana Opportunity Reinvestment and Expungement Act, but it went nowhere.
Democrats like Rep. Earl Blumenauer argue that there is no downside to highlighting cannabis reform and that it could help win over progressive voters. However, Harris’s reluctance to take a stronger stance on the issue has been conspicuous, especially as she strives to portray herself as someone willing to work with Republicans.
Trump’s embrace of weed is seen as part of a larger strategy to win over young men, who are low propensity voters. While this may not be a decisive wedge issue, it could still play a role in close elections.
The failure of Democrats to capitalize on cannabis reform is puzzling, given the popularity of the issue. As one expert noted, “There’s no good reason at all that our Democratic candidate for president should be holding the same position as Republican opponents.”
