The 2024 presidential election is fast approaching, and in recent weeks both major-party candidates have spoken out on cannabis reform, reflecting the growing significance and popularity of this pivotal issue in the national electorate. 

While cannabis policies have evolved at a rapid pace on the state level over the past decade, cannabis has historically been a marginally acknowledged issue in presidential campaigns. However, thanks to the tireless work of advocates and the growing chorus of Americans calling for federal cannabis reform, both of the current leading presidential candidates are seeking to win over pro-legalization voters by staking out their positions on cannabis policy.

Democratic Party Nominee Kamala Harris on Cannabis Policy Reform

Vice President Kamala Harris has undergone a notable evolution in her stance on cannabis since her time as a prosecutor and Attorney General in California, where she played a role in over 2,000 charges and convictions for cannabis-related offenses and strongly opposed legislation to legalize adult-use cannabis . 

As a Senator, Harris advocated for and introduced multiple pieces of legislation to advance cannabis policy reform.

“Right now in this country people are being arrested, being prosecuted, and end up spending time in jail or prison all because of their use of a drug that otherwise should be considered legal,” Harris said after joining as a co-sponsor of the the Marijuana Justice Act, a bill that would remove marijuana from the list of controlled substances, effectively legalizing cannabis.

“Making marijuana legal 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 it as a senator,” added Harris.

Harris also introduced the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would remove cannabis from the list of controlled dangerous substances, and co-sponsored the Secure and Fair Enforcement (SAFE) Banking Act, legislation that would allow banks to work with licensed cannabis businesses and ensure that legal cannabis markets operate in a safe and accountable manner.

As Vice President, Harris has played a central role in the Biden administration’s efforts to reform cannabis policy and has taken the lead on discussions centered around rescheduling cannabis to a less restrictive classification. Harris has previously advocated for removing cannabis from the Controlled Substances Act altogether, noting that it's “absurd” to have it in the DEA's Schedule I category alongside heroin and LSD. In March, Harris called on the HHS and the Justice Department to speed up reclassification. Harris also championed the Biden administration’s decision to issue pardons to Americans convicted of federal marijuana possession.

In October, Harris pledged to legalize adult-use marijuana at the federal level as part of her agenda to enact policies that uplift Black men. According to her campaign, if elected, Harris will “break down unjust legal barriers that hold Black men and other Americans back by legalizing marijuana nationally, working with Congress to ensure that the safe cultivation, distribution, and possession of recreational marijuana is the law of the land. She will also fight to ensure that as the national cannabis industry takes shape, Black men—who have, for years, been overpoliced for marijuana use—are able to access wealth and jobs in this new market.”

Republican Party Nominee Donald Trump on Cannabis Policy Reform

Former President Donald Trump has recently evolved his position on cannabis policy reform after many years with an inconsistent record on the matter. During his run for president in 2016, Trump said that he backed medical marijuana and that legalization should be left up to the states. 

As president, Trump supported U.S. Attorney General Jeff Sessions’ move to rescind the long-standing Cole Memorandum, a key document first issued by the DOJ in 2013 establishing a general federal policy of non-intervention in state cannabis laws as multiple states began to enact legalization policies. However, he also took notable measures on criminal justice reform when he commuted sentences for 16 people convicted of cannabis-related offenses, and pardoned 6 individuals for cannabis-related convictions.

Trump did not endorse or advocate for any federal bills throughout his presidential tenure, but has also generally maintained that legalization should be left to individual states. 

Despite his mixed record on cannabis, Trump has endorsed Amendment 3, a ballot initiative in Florida that would legalize personal cannabis use for adults 21 and over, stating that the measure would be very good for the state — and that he expects it to pass in the November 2024 election. He later added that, “We do not need to ruin lives and waste taxpayers’ dollars arresting adults with personal amounts of it on them.”

Trump has also recently voiced his support for broader cannabis policy reform and rescheduling, stating in a social media post that, “As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including safe banking for state authorized companies, and supporting states rights to pass marijuana laws, like in Florida, that work so well for their citizens.”

Despite Senate President Jeb Bradley’s opposition to legalization — and his stated preference that legalization die — he did not stack the committee of conference on legalization (HB 1633) with prohibitionists. Sen. Bradley appointed himself and two “yes” votes and negotiated in good faith.

The House should be proud that it got significant changes, which will ensure the survival of ATCs (medical dispensaries) and reduce criminalization. Now, the House and Senate have until Thursday, June 13 to pass the negotiated bill.

Ask your lawmakers to vote “yes” on HB 1633.

The changes approved by the committee of conference are:

1. prioritizing the licensure of ATCs (alternative treatment centers)
2. removing criminalization of passengers for non-inhaled consumption of cannabis in cars
3. fixing a technical error introduced in Senate Finance that nullified several sections of the bill (restoring the immediate effective date allowing ATCs to convert to be for-profit)
4. adding one more industry representative to the cannabis control commission
5. until legalization takes effect on January 1, 2026, increasing the decriminalized amount from ¾ ounce to one ounce (the amount that is legal in Massachusetts and Vermont)

We’re grateful to the conferees for their diligent work while they juggle many other conference committees, as virtual volunteers!

We’ll have plenty of work to do in future years to improve HB 1633. But now is the window to get legalization done. Please write your legislators and spread the word!

Live Free, New Hampshire!

For the first time ever, the New Hampshire Senate voted to legalize cannabis last week!

The Senate also adopted both positive and concerning amendments to HB 1633. It capped the number of businesses of one type a person could own at one instead of three — a key priority for many NH advocates. But it also turned an advisory board that could be stacked with prohibitions into a binding commission. And it failed to act on an amendment to prioritize ATCs (medical businesses) and to give a shot to other small businesses.

On the bright side, the Senate rejected an amendment with a 15% THC cap on cannabis products, along with other concerning provisions.

More work is needed to improve the bill, but we can't let this chance to legalize slip away. This may be the last window for years. Gov. Chris Sununu is not running for re-election and leading Republican candidates Kelly Ayotte and Chuck Morse are prohibitionists.

HB 1633 now heads to the Senate Finance Committee. From there, it would get a second Senate floor vote before heading back to the House to concur or nonconcur. Amendments are possible both in committee and on the second floor vote.

If you live in New Hampshire, ask your state senator to improve HB 1633 and make this the year NH stops being an island of prohibition.

The news was bleaker for the other bills to advance cannabis justice and freedom. Three important bills were referred to interim study:

• HB 1539, an MPP-backed bill which would annul cannabis convictions and create a process for re-sentencing cannabis offenders if doing so is in the interests of justice.
• HB 1231, which would allow qualifying patients and designated caregivers to cultivate therapeutic cannabis, and
• HB 82, which codifies employment protections for therapeutic cannabis patients.

Meanwhile, HB 1278, which allows prescribers to certify adult patients for therapeutic cannabis for any debilitating medical condition, was pushed back. It is now scheduled for a floor vote on Wednesday. Consider calling your senator in support of HB 1278. All prescriptions can be prescribed off-label, for conditions other than the ones they are approved for. Prescribers should also be allowed discretion to recommend cannabis for other debilitating medical conditions.

Make your voice heard! And stay tuned for updates.

Ask your senator to improve and pass the legalization bill

Today and tomorrow, the New Hampshire Senate will be voting on a long list of bills, including cannabis legalization (HB 1633), annulment + resentencing (HB 1539), and legalizing home cultivation for therapeutic cannabis (HB 1231)!

Ask your state senator to make this the year NH stops being an island of prohibition.

For the first time ever, the Senate Judiciary Committee approved a legalization bill last week. Before doing so, it passed an amendment that includes changes that are essential to getting past the governor.

Unfortunately, the amendment also includes revisions that were not demanded by the governor and that make the bill worse. It removes language prioritizing ATCs that have been operating in compliance with New Hampshire law and serving patients, while adding language that grants licenses based on experience operating out-of-state cannabis companies. It would make it all-but impossible for Granite State farmers, shop owners, and others who haven't run cannabis companies to enter the new industry.

The full Senate is expected to vote tomorrow on the House-passed legalization bill, the Senate Judiciary amendment, and probably both good and bad amendments — including poison pills like capping THC unreasonably low. If the Senate passes HB 1633, it will likely go to a second Senate committee and then have a second Senate floor vote before returning to the House to concur or nonconcur.

This may be the last window to legalize cannabis in New Hampshire for years. Gov. Chris Sununu is not running for re-election and leading Republican candidates Kelly Ayotte and Chuck Morse are prohibitionists. It's crucial that HB 1633 gets through the Senate. But it's also important your senator hears you want them to make the bill better first.

Write your senator today to ask them to support legalization, but to give New Hampshire small businesses a fair shot at licensing.

In addition to legalization, the Senate agenda includes other bills to advance cannabis justice and freedom:

• HB 1539, an MPP-backed bill which would annul cannabis convictions and create a process for re-sentencing cannabis offenders if doing so is in the interests of justice.
• HB 1278, which allows prescribers to certify adult patients for therapeutic cannabis for any debilitating medical condition.
• HB 1231, which allows qualifying patients and designated caregivers to cultivate therapeutic cannabis.
• HB 82, which codifies employment protections for therapeutic cannabis patients.

Consider calling your senator in support of one or all of these important bills. Make your voice heard! And stay tuned for updates.

On Monday, April 22nd, 2024, in a shocking turn of events, the Hawai’i Senate defeated the House-passed version of SB 2487, which would have expanded the state’s paltry decriminalization law. The Senate had previously approved an earlier version of SB 2487, 24-1. It had also passed full legalization, which died in the House Finance Committee. 

Sen. Angus McKelvey was one of the 14 senators to flip from “yes” on March 5’s vote to “no” yesterday. He claimed, “The Senate sent a very good, reasonable recreational legalization bill with guardrails over to the other chamber,” saying SB 2487 could “explode” the illicit market, “undercutting and creating all the safety hazards that the bill we sent over should have addressed.”

As a result of the Senate’s 9-15 vote, hundreds of Hawai’i residents and visitors will continue to face traumatic arrests, possible jail time, and life-altering records for personal use of cannabis. Hawai’i has the lowest threshold for decriminalization — three grams, or under 1/8 ounce. The fine is a hefty $130, which is unaffordable to many who struggle to make ends meet. Possession of over three grams can result in up to 30 days in jail and/or a fine of up to $1,000. 

In brighter news, two state-initiated expungement bills — both of which were narrowed down in the legislative process — are headed to  Gov. Josh Green’s desk. HB 1595 would create a pilot program to wipe away arrest records that didn’t result in conviction for simple possession in Hawai’i County. Meanwhile, SB 2706 would set up a Clean Slate Expungement Task Force to look into broader state-initiated expungement. 

Ask Gov. Green to sign these important but limited expungement bills.

While this legislative session included significant setbacks, Hawai’i came the closest it has ever made it to legalization. In prior years, legalization bills did not even receive a House hearing. This year, it passed the Senate and three House committees. 

Opponents — largely in law enforcement — spent an inordinate amount of time scaremongering to defeat progress. We hope you’ll continue to fight for cannabis justice and freedom.

This is an election year. Be ready to get engaged and make your voice heard as candidates ask for your vote.

On Thursday, April 25, the Senate Judiciary Committee will be holding hearings on two bills that would transform cannabis policy in the Granite State — legalization bill HB 1633 and annulment/resentencing bill HB 1539.

This is Gov. Sununu’s last year in office, and the next governor may be unwilling to sign any legalization bill. We can’t let this opportunity to end prohibition slip away.

We’re urging the Senate Judiciary Committee to pass both bills and to make modest revisions to HB 1633 to address the issues outlined by the governor and avoid his veto. However, it’s also important the Senate avoid a complete rewrite of the bill, which could result in a non-concurrence in the House.  

Make your voice heard, either in written testimony or in person:

When: Thursday, April 25 — starting at 1:30 p.m., with HB 1539 first

Where: Room 100, State House, Concord, NH

What: Senate Judiciary Committee hearings on legalization bill HB 1633 and annulment/resentencing bill HB 1539.

For background, check out this NH Bulletin article, along with my testimony on HB 1633 and HB 1539. You can also find resources on legalization on our library.

On April 22nd, 2024, in a shocking turn of events, the Hawai’i Senate defeated the House-passed version of SB 2487, which would have expanded the state’s paltry decriminalization law. The Senate had previously approved an earlier version of SB 2487, 24-1. It had also passed full legalization, which died in the House Finance Committee. 

Sen. Angus McKelvey was one of the 14 senators to flip from “yes” on March 5’s vote to “no” yesterday. He claimed, “The Senate sent a very good, reasonable recreational legalization bill with guardrails over to the other chamber,” saying SB 2487 could “explode” the illicit market, “undercutting and creating all the safety hazards that the bill we sent over should have addressed.”

As a result of the Senate’s 9-15 vote, hundreds of Hawai’i residents and visitors will continue to face traumatic arrests, possible jail time, and life-altering records for personal use of cannabis. Hawai’i has the lowest threshold for decriminalization — three grams, or under 1/8 ounce. The fine is a hefty $130, which is unaffordable to many who struggle to make ends meet. Possession of over three grams can result in up to 30 days in jail and/or a fine of up to $1,000. 

In brighter news, two state-initiated expungement bills — both of which were narrowed down in the legislative process — are headed to  Gov. Josh Green’s desk. HB 1595 would create a pilot program to wipe away arrest records that didn’t result in conviction for simple possession in Hawai’i County. Meanwhile, SB 2706 would set up a Clean Slate Expungement Task Force to look into broader state-initiated expungement. 

Ask Gov. Green to sign these important but limited expungement bills.

While this legislative session included significant setbacks, Hawai’i came the closest it has ever made it to legalization. In prior years, legalization bills did not even receive a House hearing. This year, it passed the Senate and three House committees. 

Opponents — largely in law enforcement — spent an inordinate amount of time scaremongering to defeat progress. We hope you’ll continue to fight for cannabis justice and freedom. This is an election year. Be ready to get engaged and make your voice heard as candidates ask for your vote.

Thanks to dedicated supporters and advocates like you, we have a lot to celebrate today. The dozen years that have passed since Colorado became the first state to legalize cannabis for adults in 2012 have demonstrated the simple truth: legalization works!

As we continue the fight to replace the failed approach of prohibition and criminalization with sensible and humane cannabis policies that work for ALL Americans, April 20th is a day to enjoy the fruits of our hard fought battles for freedom and justice.

From all of us here at the Marijuana Policy Project, have a safe and stellar 4/20!

This April, we’re doing a deep dive on the past, present, and future of cannabis policy. Check out our recent posts highlighting some of the major historical milestones in cannabis policy reform and the current landscape of cannabis policy in the United States. 

Across the United States, the landscape of cannabis legalization is rapidly changing. Legalization works, and that’s why 9 out of 10 Americans now agree that cannabis should be legal for medical or adult-use. With this growing support, the question isn't if – but when – the nation will see legalization on the federal level.

Even President Biden has acknowledged the failed approach of federal cannabis prohibition, and his recent actions to issue a mass pardon proclamation and launch a clemency certificate application process show that the momentum is building for comprehensive federal reform.

MPP has an ambitious plan to legalize adult-use cannabis in several more states and bring our movement to a tipping point where we will finally have the necessary coalition to push through comprehensive federal legalization. Reaching 31 legalization states means that a filibuster-proof 62 Senators, a majority of House Republicans, and 84% of House Democrats would be representing constituencies with robust legal cannabis markets. With this level of Congressional support, ending federal cannabis prohibition will be within our grasp.

Making progress in the states is crucial because 99% of the hundreds of thousands of cannabis possession arrests that occur every year happen at the state and local level. Millions of people are still living in states without adult-use legalization laws, and over 40,000 individuals remain behind bars for cannabis-related charges.

To date, 24 states and D.C. have legalized adult-use cannabis. These successful state-run programs provide valuable data on regulation, taxation, and social impacts, proving legalization can be implemented effectively. 

While the vast majority of states have reformed cannabis laws, the federal government lags behind. The continuation of federal cannabis prohibition stands in the way of all of the state policy victories we've achieved over the past decade. With the tide of public opinion shifting and the success of state-level legalization, advocates are working towards federal legalization.

Voice your support for federal legalization to your congressional members.Let them know you stand with the majority of Americans who favor a legal cannabis market.

The future of cannabis in America is bright. With continued public support and ongoing advocacy efforts, nationwide legalization is on the horizon. By working together, we can create a safe, regulated cannabis market that benefits all Americans. It’s on us to seize this opportunity and demand that Congress heed the voice of the American people and end the war on cannabis. 

With continued public support and a willingness to address the remaining challenges, the United States will finally see a more sensible and sustainable approach to cannabis policy.

On Thursday, the New Hampshire House of Representatives voted 239-136 to send Rep. Erica Layon’s legalization bill (HB 1633) to the state Senate. Time and time again, the Senate has killed legalization. But this year, there is a window of opportunity to get it done.

Let your senator know that it’s past time the Live Free State lives up to its name.

Twenty-four other states, including all of New Hampshire’s neighbors, have already legalized cannabis for adults.

For the first time ever, New Hampshire has a governor who has said he’d sign a legalization bill — if it meets his parameters. Gov. Chris Sununu (R) isn’t running again, and the two Republican candidates are longtime prohibitionists. In case the window of opportunity closes, it’s vital that lawmakers seize the opportunity.

Write your senator and spread the word! Let’s make New Hampshire the 25th adult-use legalization state.