Photo via Twitter / @KamalaHarris
“Under a Biden-Harris Administration, we will decriminalize the use of marijuana and automatically expunge all marijuana use convictions and incarcerations for drug use alone,” promised Vice President-elect Kamala Harris. “This no time for half-stepping. This is no time for incrementalism.”
Following the unanimous success of all marijuana measures on the ballot this election, it is clearer than ever: The American people want to end the War on Drugs. Democrats and Republican voters alike agree; despite being a Republican stronghold, Mississippi voted to legalize medical marijuana, with at least a quarter-million Mississippi Trump supporters splitting their ticket to support both Republican politicians and cannabis legalization. The same can be said of Montana and South Dakota, where the legalization of recreational marijuana received up to 150% of the votes that candidate Joe Biden received.
However, unlike the Democratic Party, which officially endorses cannabis reform, the Republican Party is dedicated to maintaining the War on Drugs and opposing the legalization of marijuana. This is the biggest hurdle in the path to full federal legalization: If the Republicans keep control of the Senate, then every single attempt to bring America into the 21st century will fail, as the Senate will become an insurmountable obstacle for all bills emanating from Democrats.
Given that the Vice President-elect is Kamala Harris, who is outspoken about her pro-cannabis stance, she has the power to break tied votes in favor of Democratic senators. Therefore, the Democrats only need to secure 50 seats. This largely hinges on Georgia, where the Senate runoffs in January will determine whether Democrats have a clear path ahead or will have to contend with a hostile, grifting Senate every step of the way. Until then, there are a number of things that can be done even without control of the Senate.
What Democratic Leadership Can Accomplish
With control of the House of Representatives, the Democrats have the opportunity to do now what they promised to do before Election Day. After postponing a vote to federally end marijuana prohibition in September, House Majority Leader Steny Hoyer promised, in the aftermath of Election Day, that the House will hold a floor vote on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act in December. Vice President-elect Kamala Harris is the chief sponsor of the MORE Act in the Senate.
“In December, [...] the House will vote on the MORE Act to decriminalize cannabis and expunge convictions for non-violent cannabis offenses that have prevented many Americans from getting jobs, applying for credit and loans and accessing opportunities that make it possible to get ahead in our economy,” Hoyer wrote in a Monday, Nov. 9, letter to lawmakers.
Beyond this vote, a Biden-Harris Administration has the possibility to nudge America in the right direction purely through executive powers. The White House has a certain latitude, even without the support of Congress, as Donald Trump’s numerous executive orders illustrated. Through presidential influence, President-elect Joe Biden could direct federal prosecutors not to interfere with state law when it comes to cannabis. He will get to appoint a new Attorney General and other federal officials who will ultimately influence how the government handles the question of cannabis even if Congress fails to legalize it.
“The Biden Administration can immediately prohibit money from being spent by the Department of Justice to pursue low-level drug offenses,” says Steven Hawkins, Executive Director of the Marijuana Policy Project. “I think we will see a banking bill go through that will open normal banking to cannabis businesses.” This refers to the SAFE Banking Act, which would open access to safe banking to state-legal cannabis businesses—as cannabis is still federally illegal, many financial institutions currently deny those businesses access to banking services.
“The Biden Administration can work with Congress, and this isn’t a heavy lift, to give assurance that law enforcement will not go after businesses in states that have legalized cannabis,” Hawkins continues. “I am less optimistic that we'll see the kind of comprehensive bill that could have passed otherwise, but I do expect that the House will move to deschedule cannabis—the simple fact that the U.S. House of Representatives voted to pass such a bill would be important.”
Even if this ends up being a symbolic gesture, it would be a historical event, as the first marijuana decriminalization bill to be approved by a chamber of Congress. It would also force Republican congresspeople to go on the record voting against it. There is no better argument to present to pro-cannabis Republican voters than Republican lawmakers all voting in unison to reject a bill that has been demonstrated to be popular among their voter base. When the MORE Act was subjected to a vote in the House Judiciary Committee, every single voting Democrat voted in favor of it, while every Republican minus Matt Gaetz (R-Fla.) and Tom McClintock (R-Calif.) voted against it or abstained.
A brand-new Gallup poll found that 68% of Americans—including half of Republicans—support the full legalization of marijuana, the highest number ever recorded. So, let Republican senators vote on the issue. Let them officially endorse marijuana prohibition. Let them support more than 600,000 arrests every year for petty marijuana possession charges. Let Republican lawmakers show their base where they truly stand when it comes to the safety and freedom of the American public.
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