Here’s a look at the marijuana-related differences, similarities and accomplishments of President Joe Biden and former President Donald Trump, both vying for the position of POTUS this November.
The debate over marijuana legalization in the United States has evolved significantly over the past decade, with an increasing number of states opting to legalize the substance for medical and recreational use. This shift in public sentiment has placed the issue at the forefront of national policy discussions, where contrasting approaches by President Joe Biden and former President Donald Trump highlight the political divide.
With that in mind, here’s a breakdown of the policy positions and accomplishments of the two contenders:
President Joe Biden
President Joe Biden, whose political career has spanned several decades marked by a tough-on-crime stance in the 1990s, has shown some serious evolution in recent years when it comes to marijuana laws. Previously a staunch opponent of federal marijuana reform and marijuana legalization, Biden has taken a much more progressive stance on the issue since becoming president, although he has refused to support fully legalizing or descheduling marijuana.
Key Points:
- Medical Marijuana and Cannabidiol Research Expansion Act: In a historic move, Biden signed this act into law on December 2022, making it the first standalone marijuana legislation ever signed by a U.S. president. The law facilitates research into marijuana and its derivatives by simplifying the research approval process and addressing barriers previously faced by researchers.
- Pardons for Marijuana Possession: Biden issued pardons for all prior federal offenses of simple marijuana possession, in a move that will impact thousands of people. Biden also called on governors to issue state-level pardons.
- Marijuana Rescheduling: Following an executive order by President Biden in late 2022, the Department of Health and Human Services (HHS) conducted a review of marijuana’s scheduling status, eventually recommending to the DEA that marijuana be moved to Schedule III. The DEA is currently conducting a review, prompted HHS.
- Public Advocacy: Biden made history by promoting marijuana reform during his State of the Union address (the first president to ever do so), emphasizing his administration’s efforts towards expunging previous convictions and reviewing marijuana’s federal classification. In addition, at various public appearances and campaign events, Biden has reiterated his commitment to not jailing individuals for mere possession or use of marijuana.
Quotes:
- “No one should be in jail because of marijuana,” Biden has stated on multiple occasions, including in September at an event for the Congressional Black Caucus Foundation, when Biden said “no one – no one – should be in jail merely for the use or possession of marijuana”. In a social media post last month the official White House page said “President Biden and Vice President Harris believe no one should be jailed just for using or possessing marijuana”.
- During a State of the Union address, he mentioned, “directing my Cabinet to review the federal classification of marijuana, and expunging thousands of convictions for mere possession, because no one should be jailed for using or possessing marijuana”.
- Late last month President Biden issued a proclamation stating “my Administration has taken historic steps to end America’s failed approach to marijuana.”
Former President Donald Trump
Donald Trump’s presidency exhibited a more hands-off approach regarding state-level marijuana legislation, though it was often marred by internal contradictions and a lack of clear federal direction. This is in line with Trump’s opinion on the issue in the years leading up to his 2016 campaign; prior to becoming president Trump often touted states rights when asked about marijuana laws, although in the 90s Trump said on multiple occasions that the government should consider legalizing drugs and using the tax revenue for drug education as a strategy to combat what he called the “war on drugs disaster.”
Key Points:
- State Autonomy: Trump frequently stated that marijuana legalization should be left to the states, and during his tenure as president state-level marijuana businesses were generally left alone.
- Federal Uncertainty: His administration, particularly under Attorney General Jeff Sessions, created uncertainty by rescinding the Cole Memorandum, which had previously limited federal enforcement in states that legalized marijuana. The memorandum was never put back in place under Trump, although his administration did not go after state marijuana laws.
- Legislative Inaction: While Trump voiced tentative support for the STATES Act, which sought to align federal law with state marijuana statutes and protect legal marijuana activities from federal enforcement, there was no significant legislative progress under his administration.
Quotes:
- Then-President Trump stated “I think medical should happen — right? Don’t we agree? I think so. And then I really believe we should leave it up to the states.”
- When asked about state marijuana laws, then-President Trump said in 2018 “We’re going to let the states handle it”.
Comparative Analysis
Both administrations recognized the evolving landscape of marijuana policy in the U.S., with Biden taking more definitive steps towards federal reform. Biden’s administration has actively worked to adjust federal oversight and promote research, whereas Trump’s administration maintained a status quo that allowed states to choose their paths without strong federal support or opposition, but with an air of uncertainty. Biden’s actions towards reclassification and expungements mark a significant shift towards federal involvement in marijuana policy reform, contrasting with Trump’s more ambiguous and hands-off legacy.
A Second Term
There’s reason to believe that if either Joe Biden or Donald Trump are successful in achieving a second term this November, they will continue the trends they set when it comes to marijuana. Trump is likely to continue a hands-off approach that sees the government essentially ignore state-level marijuana laws, while refusing to take an action to actually change marijuana policies at the federal level, or to codify state marijuana rights.
On the other hand, if reelected President Biden is likely to continue his push to reschedule marijuana. There are many marijuana proponents hoping that if reelected, Biden will come out more forcefully in support of fully descheduling marijuana, but it’s uncertain if this will actually happen (although it’s worth noting that Biden’s Vice President, Kamala Harris, said recently “we need to legalize marijuana“).
