Election 2024: Where the Candidates Stand on Marijuana

Posted on September 11, 2024 View all news

The 2024 Presidential election is shaping up to be a pivotal moment in the future of expanded marijuana legalization. Not only is the issue on several state ballots, the Drug Enforcement Agency just set December 2 as the hearing date to take comments on the possible reclassification of cannabis. Because this is after the election, the final decision will likely fall to the next administration.

This decision by the DEA shines a spotlight on the two Presidential candidates’ positions and policies concerning marijuana. Pot is suddenly a potent political topic in such a tightly contested race.

To help you make the most informed decision to protect your community and your family from this harmful and addictive gateway drug, let’s take a look at the cannabis positions of both Vice President Kamala Harris and former President Donald Trump.

Vice President  Harris

It is no understatement to say that Vice President Harris’ position on marijuana has evolved considerably as her political career advanced.

Past Positions

As a San Francisco District Attorney, she oversaw over 1900 marijuana convictions, and her prosecutors convicted people on those pot charges at a higher rate than her predecessor. As the California Attorney General, Harris aggressively pursued cannabis convictions. During her tenure, more than 2000 people were incarcerated in state prisons for marijuana-related offenses. “I don’t feel sorry for you, and I’m not going to forgive you for committing a crime,” she said.

As the California Attorney General, Harris co-wrote an argument stating that marijuana legalization “seriously compromises the safety of our communities, roadways, and workplaces.”

When she was a California Senator, she actively opposed a state ballot measure supporting the legalization of marijuana. She even co-authored the opposition argument. When a second ballot initiative eventually passed in 2016, Harris remained on the sidelines, declining to comment one way or the other.

In fact, Harris did not publicly come out for legalized cannabis until May 2018, when she first entered the national political scene and was considered a likely presidential contender.

Once she became a political player on the national level, Harris completely reversed course.

In 2018, she added her name to the Marijuana Justice Act, which would remove cannabis from the list of federally banned substances. In 2019, she cosponsored the updated version of the bill. At the time, then-Senator Harris said, “Making marijuana legal at the federal level is the smart thing to do; it’s the right thing to do.”

From that point on, Harris became an ardent and vocal supporter of virtually any measures that would normalize marijuana and help the growing and powerful cannabis industry.

Current Position

“During her time in the White House, the Vice President has been an even stronger advocate for (ending) any cannabis prohibition or restoring or repairing any harms that it has caused than the President has been, and in many ways, has been a real leader on this issueā€¦”

~Morgan Fox, Political Director, National Organization for the Reform of Marijuana Laws

As VP, Harris has championed the Biden administration’s marijuana policies, including both offering pardons to people who were convicted of federal marijuana possession charges and, more importantly, moving forward, efforts to reclassify marijuana as a less addictive and less dangerous drug.

In 2022, President Joe Biden directed the Department of Justice (DOJ) and Human Services (HHS) to examine how cannabis is classified. Biden subsequently specifically recommended that marijuana be reclassified as a less dangerous substance.

VP Harris took the ball from there and ran with it. Her strongest positions hinge on the arguments that people who smoke marijuana should not go to jail and that the harsh criminal drug penalties of the past have disproportionately affected people of color. 

But she hasn’t stopped there.

In March this year, she called on both HHS and the US DOJ to speed up that reclassification. She even went as far as to call the Drug Enforcement Administration’s position on potabsurd” and “patently unfair“.

On April 20, at an event that started at 4:20 PM, Harris spoke about the need for a “change to our nation’s approach to marijuana“.

4-20 is an unofficial holiday that celebrates weed.

Setting a Personal Example?

Besides her drastically reversed political positions, VP Harris has been quoted several times regarding her personal use of marijuana. It hasn’t always been consistent with her roles at the time.

I did inhale. It was a long time ago. But, yes,” Harris said on “The Breakfast Club” radio program in 2019.

She also has attempted to make light of her marijuana usage by mentioning her heritage, saying, “Look, I joke about it, I have joked about it. Half my family is from Jamaica, are you kidding me?“.

Importantly, when asked by radio host Charlemagne tha God if she would smoke pot again if it were legal, Harris did not directly answer yes or no, but instead said, “Listen, I think it gives a lot of people joy, and we need more joy in this world.

Perhaps unsurprisingly, there is a strain of marijuana developed in Oregon that is named “Kamala Kush”.

What to Expect from a President Harris Administration

NORML Political Director Fox believes that Harris’ about-face is “really indicative of a base level of change in philosophy“. In his opinion, if she wins the election, she would publicly throw her support behind not just reclassifying marijuana, but descheduling it ā€“ removing it from the Controlled Substances Act list completely.

On the other hand, Kevin Sabet, President of Smart Approaches to Marijuana, thinks that as President, Harris would probably “tread carefully“, and that she would be more likely to adopt positions similar to Joe Biden.

For example, Sabet believes that while President Harris would continue to push for criminal reforms and issue pardons, she would actually oppose full legalization.

Sabet, who served as a White House drug policy advisor to three presidents ā€“ Clinton, Bush, and Obama ā€“ thinks that Harris’ shifting marijuana policy is most likely a calculated political move rather than genuine support.

“She’s got a complicated relationship, but I think it’s been one lately that’s been driven more by politics than science,” he said recently.

Former President Donald Trump

While former President Donald Trump has not been in politics as long as VP Harris, his previous policies and recent statements give us some idea of what would happen if he is reelected, like Harris, his positions have also evolved significantly.

Past Positions

“I think the President is looking at this from the standpoint of a parent ā€“ a parent of a young person to make sure we keep our kids away from drugs. They need to be kept illegal. That is the federal policy. I think the President has been pretty clear on his views on marijuana at the federal level. I know that many states have taken a different path.”

~Marc Lotter, Director of Strategic Communications, 2020 Trump Campaign

As a presidential candidate in 2016, Trump said that he generally favored leaving the issue of legalized marijuana up to the individual states. As President, his administration upheld the federal prohibition of cannabis.

Under Trump, the White House looked into greater enforcement of the federal government’s anti-marijuana laws in states where recreational use was legal.

He did distinguish between recreational and medical marijuana use, however. White House Press Secretary Sean Spicer said trauma “understands the pain and suffering that many people go through who are facing, especially terminal diseases, and the comfort that some of these drugs, including medical marijuana, can bring to them.

The Trump administration actually took steps to uphold the federal ban.

In 2018, US Attorney General Jeff Sessions repealed Obama-era protections against federal interference with states with legalized recreational marijuana.

On the other hand, Trump did say that he would “probably” support legislation that would end the federal ban on marijuana and leave the issue up to the states.

Current Position

“As I have previously stated, I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.”

~ President Donald Trump

Like VP Harris, Trump now believes that people should not go to jail for simple possession. By stating that he, as a resident of Florida, would be voting “YES” to legalize recreational marijuana in the Sunshine State, Trump shows how his stance has shifted.

For example, he now supports banking reform that benefits the cannabis industry, saying that if elected, he will “…work with Congress to pass common-sense laws, including safe banking for state-authorized companies.”

Trump also indicated that to him, the Federal prohibition on marijuana does not make total sense, adding that someone should not be treated as a criminal in one state when marijuana is perfectly legal in other states.

Trump’s rationale seems to be heavily influenced by the issue of states’ rights and grounded in economic considerations rather than ideology, saying that arresting people for possession would “waste taxpayer dollars”.

Florida Governor Ron DeSantis has publicly opposed the amendment that would legalize recreational use in his state, saying, “I think it’s a real problem, and I think it’s a lot different than stuff that people were using 30 or 40 years ago. And I think when kids get on that, I think it causes lots of problems.”

The Florida Republican Party also denounces Trump’s stance, responding in May that if passed, the amendment would “benefit powerful marijuana special interests, while putting children at risk and endangering Florida family-friendly business and tourism climates.” 

Personal Views

President Trump has never used marijuana or any other intoxicating substance. He cites the tragic example of his brother, Fred Trump, Jr., who struggled with addiction issues his entire life. Fred died decades too soon, passing away at only 42. The cause of death was a heart attack brought on by excessive drinking.

The Bottom Line

Every Brain Matters presents this information as a public service, so you can vote your conscience and choose the candidate who best reflects your values and whose record, policies, and position highlight their ability and intentions when it comes to protecting your community and your family from the harms of the expanded drug crisis.

There are challenging considerations for both Vice President Harris and former President Trump. We urge you to conduct your own research and to look at their whole record in its entirety.

Every Brain Matters is non-partisan and does not endorse any candidate.

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Every Brain Matters is a trusted educational resource for individuals and families wanting to stay safe from the harms associated with marijuana and the pervasive drug crisis. 

We reject the false narrative that marijuana is a harmless expression of personal freedom. Based on scientific evidence and personal stories, our position is that marijuana is a dangerous and addictive drug, and like all drugs of abuse, it can and is destroying lives

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5 thoughts on "Election 2024: Where the Candidates Stand on Marijuana"

  1. Politicians need to follow the SCIENCE on the dangers of todays potent marijuana, not play into the pot lobby’s $ interests. Public health and safety has been severely damaged in every State that has industrialized/commercialized potshops selling non-FDA marijuana products. Enough is enough. Hope the next President of the USA stands up against the marijuana lobby.

  2. Thank you! You are doing a wonderful and valuable job of presenting the truth about the harmful effects of marijuana. I appreciate all of you.

  3. I live in California and I have witnessed the terrible impact of marijuana legalization is sad to see how the government cares only about profit versus health specifically for teenagers.

  4. Trump 2024!!! Legalize Cannabis nationwide! Cannabis is for Adults over 21!! Everyone knows it is not for children, just like Alcohol, prescription meds, household chemicals, etc. Parents need to be parents and protect their children until they are adults. Cannabis is not going anywhere! Group like this that think they can change peoples minds and send Cannabis back to the illegal markets is stupid. You complain about the black markets yet you want Cannabis to be illegal nationwide, which we all know puts it in the hands of street corner dealers and the cartels! How about we put warning labels on Cannabis products? And what gets me is you send the message that if the FDA approves a drug, then it’s ok to be harmed by it, because the FDA approved it!

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