Biden-Harris presidency: what future for cannabis in the United States?

During the Democratic primary, Joe Biden was the only Democratic candidate who refused to consider federal legalization of Cannabis, a position the party has endorsed since his nomination as the party’s candidate. Although he is one of the most conservative Democratic candidates, Joe Biden has nevertheless made a promise: «No one should be in prison simply for smoking or possessing marijuana.»

A complicated history with drugs

Joe Biden is credited with writing the Violent Crime Control and Law Enforcement Act of 1994, commonly known as the 1994 Crime Bill, a key component of the war on drugs in the United States that has led to the incarceration of countless citizens for recreational drug possession.

A quarter of a century later, however, Joe Biden publicly criticized his own record: «It was a mistake,» he said of his Crime Bill during one of the presidential debates. «The 100 senators voted in favor of it. It was a mistake. I’ve been trying to change it ever since, especially the part about cocaine,» he added. «I argued that, in fact, we shouldn’t send anyone to prison for a purely drug-related offense; they should receive treatment. […] It was a mistake to pass these drug laws.»

In addition to reassessing his past actions, Joe Biden also proposed solutions, including the decriminalization of cannabis : «There should be no mandatory minimum [sentences] in the law. I’m offering $20 billion to the states to amend their state laws to eliminate mandatory minimums and create drug courts. No one should go to prison just because they have a drug problem. They should go to rehab, not prison. We need to fundamentally change the system, and that’s what I’m going to do.»

Democratic vice-presidential candidate Kamala Harris has also, a long and complicated history with cannabis. As a former San Francisco district attorney and California attorney general, she oversaw thousands of convictions for minor cannabis-related offenses, a record that Democrats now defend by pointing out that very few of those convictions led to incarceration. Her own presidential campaign failed in part because of her self-proclaimed status as California’s «top cop,» which alienated communities that had suffered under the laws she championed.

Like Joe Biden, Kamala Harris has changed her stance on criminal justice and cannabis in particular. During the primary, she spoke out in favor of federal legalization of cannabis. «Times have changed; marijuana shouldn’t be a crime,» she said.

«Right now, in this country, people are being arrested, prosecuted, and ultimately spending time in prison—all because they used a drug that should otherwise be considered legal,» said Kamala Harris in 2018. «Legalizing marijuana at the federal level is the smart thing to do; it’s the right thing to do. I know this as a former prosecutor, and I know this as a senator.»

In response to claims that she opposes legalization, she said, «That’s not true. […] Half of my family is from Jamaica—are you kidding me?» She added that she had personally smoked cannabis (and inhaled it, she insists) while listening to Snoop Dogg.

Beyond her campaign promises, Kamala Harris has been actively involved in several federal cannabis bills, including the Marijuana Justice Act by Senator Cory Booker and the SAFE Banking Act by Senator Elizabeth Warren, which would open up access to banking services for legal cannabis businesses.

As a senator, she is the primary sponsor in the Senate of the Marijuana Reinvestment and Expungement Act (MORE Act), which made history as the first cannabis reform bill that was never approved by a vote in Congress last year. The MORE Act is currently before the House and is awaiting a vote this fall, which will likely ensure its success if the Democrats win back the seats they are currently missing and that are currently held by the Republicans.

Kamala Harris also publicly advocates for cannabis reform. When legal cannabis businesses were excluded from COVID relief, she called to protect them just as we do other businesses: «Small cannabis businesses employ more than 240,000 workers and should also be allowed to access coronavirus relief funds. My colleagues and I are doing everything we can to ensure they are not excluded from Congress’s next relief program.»

When the’Illinois has legalized cannabis and deleted the files of thousands of people Arrested for possession, she applauds : «Decriminalizing nonviolent cannabis-related offenses is the right thing to do. Let’s legalize cannabis at the federal level now.»

While Joe Biden might stick with decriminalization and refuse to legalize, Kamala Harris recently stated in an interview with 60 Minutes that she would «bring [her] progressive policies into a Biden administration,» including her support for Medicare for All, the Green New Deal, and the legalization of cannabis. She and Biden have «an agreement,» she explained: «I will always share with him my firsthand experience regarding any issue we face. And I promised Joe that I would give him that perspective and always be honest with him.»