Will The Current Administration Hold True to Cannabis Legalization

by SLOANE SIMON

In July, Senate Majority Leader Chuck Schumer (D-NY) released draft legislation that could possibly legalize cannabis at a federal level. With over 60% of Americans

supporting the legalization of cannabis and 37states currently having already legalized cannabis, whether medicinal or recreational, cannabis is still listed as a Schedule I drug alongside heroin and is federally illegal.

So, with many states, and the majority of the American People, already on board with cannabis legalization, what is taking Biden and the rest of the administration so long to push legalization through?

To better understand some of the hesitations, a bit of history on President Biden and Vice President Harris is necessary. Both were rather vocally once on the wrong side of the war on drugs. In the late ’80s and early ’90s, then-Senator Biden was very critical of former President Bush’s laws, pushing for stricter, harsher penalties for cannabis crimes. And while VP Harris was the district attorney in San Francisco, she oversaw more than 1900 cannabisrelated convictions.

Thankfully, both have evolved in their thinking towards cannabis and the current federal laws around it. Biden has spoken out over current conviction laws, that no one should be incarcerated for drug use alone. However, ironically, Biden promptly fired or demoted White House staff that had admitted to prior cannabis usage.

There is some belief that Biden’s reluctance to federally legalize cannabis stems from the era in which he grew up. Biden was born six years after the release of Reefer Madness, a propaganda movie used to create panic and terror over the use of cannabis and the “negative” outcomes it produces. Again, Biden was also a huge proponent in the War on Drugs from the Reagan and Bush administrations in the ’80s and ’90s. So, it is very possible that his feet dragging could simply be because of outdated thoughts and ideas.

On the flip side, Harris has been lead or co-sponsor on several cannabis legalizations acts, including the MORE Act which is one of the most comprehensive Cannabis legalization bills to go through the House. However, the bill ultimately failed to make it out of the Senate. It has also been widely reported that VP Harris has admitted to smoking cannabis herself. Because of this admission, many in the political realm felt Harris as Vice President would be the best and most efficient option to help push federal legalization through.

This past July, Senators Chuck Schumer, Cory Booker (D-NJ), and Senate Finance Committee Chairman Ron Wyden (D-OR) presented the draft bill, Cannabis Administration and Opportunity Act. This bill does present much like the MORE Act, only slightly revised, and is the first cannabis legalization bill sponsored by a Senate Majority Leader. The bill proposes removing federal penalties for cannabis, expunging prior convictions for nonviolent cannabis offenders, and earmarking funding for restorative justice programs.

The bill would also work to establish tax rates for cannabis products, and formally allow each state to vote on legalization.

In states where cannabis has already been legalized, it would create a big win mostly in banking and transportation. Opening up the availability for banking for cannabis related companies would help to better regulate sales and cannabis taxes. Transportation would also become less of a hassle for legalized states.

However, states that currently have cannabis as an illegal entity can choose to continue to do so. With that being said, though, if cannabis is no longer being federally prohibited, these states must allow for transportation through their state without penalty. Those states would also miss out on any tax revenue opportunities presented by legalizing cannabis. Many advocates feel that this could lead to a potential legalization by that state’s government if the draft bill were to be signed into law.

Unfortunately, it is still an uphill climb to get this draft signed into law. Democrats currently hold charge of Congress but would still require 10 Republican senators as well as all the Democrat constituents to pass a cannabis legalization bill as things stand currently.

There are, however, thirty-four Senate seats up for election in 2022, with twenty of those currently being held by Republicans. Flip some of those, the odds increase. The Biden Administration is also less than supportive and encouraging.

Press Secretary Jen Psaki has stated on Biden’s behalf that he is supportive of leaving recreational legalization up to each separate state’s government, while allowing for medicinal cannabis legalization.

Biden is also supportive of the decriminalization of cannabis and expungement of prior cannabis convictions, as well as moving cannabis to a Schedule II drug. The rescheduling would allow for more research into cannabis as well. Though he does show support to a large majority of the proposal, when it comes to federal recreational legalization, he continues to balk at the idea.

But our world is ever changing. Our views as a joint collective have shifted greatly towards cannabis, even more significantly over the last twenty years. More and more states are considering some form of legalization if they are not already there. Oklahoma currently has two new petitions being presented on recreational legalization and a restructuring of the current medical governing body.

With notable leaders, such as Senate Majority Leader Schumer, Attorney General Merrick Garland, our nation’s highest court, the Supreme Court, Vice President Harris and President Biden all voicing support for legalization of cannabis, we can only assume it will be a matter of time. Now, whether or not this current administration can get it together enough to agree to terms and pass it as law, is a different question.