Both Major-Party Presidential Candidates Signal Support for Cannabis Policy Reform: Where Trump and Harris Stand on Legalization

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.”