Will Trump Cement His Legacy With Cannabis Legalization?

Trump could cement his legacy by supporting federal legalization during his time in office. The table is set. Medical marijuana is universally accepted. Adult-use recreational acceptance is on the rise. It’s time for Trump to make legalization a priority.

The blueprint for cannabis legalization is clear. Cannabis is Schedule I of the Controlled Substances Act (CSA). Trump can see to it that it is rescheduled to Schedule III, which would then come with fewer restrictions for both businesses and cannabis users alike. 

It’s not as if Trump would have to oversee a sea change on this front. President Biden already got things moving in the right direction for Trump, as Biden already directed the Drug Enforcement Agency Administration (DEA) to start the process of rescheduling cannabis as a Schedule III controlled substance, as recommended by the Department of Health and Human Services’ (HHS).

Cannabis businesses could then deduct expenses.

The DEA could publish a final rule in 2025, and Trump could take credit.

Numerous of Trump’s picks, however, voiced opposition to legalization. Trump’s U.S. Attorney General choice, Pam Bondi, stood in opposition to cannabis legalization during her tenure as Florida’s attorney general. Additionally, Trump’s FDA chief pick, Marty Makary, views cannabis as a gateway drug and that it causes cognitive issues. 

With Republicans set to control all three branches of government, cannabis reform could be slowed. Trump should not allow that to happen. There are bills making their way through the House. For instance, the States Reform Act would deschedule cannabis, impose an excise tax, release nonviolent cannabis offenders, and preserve existing state legalization policies. Doesn’t seem like Republicans would be on board. 

Republicans Out of Touch With Country’s Sentiment

The Republican Party should get with the program. The national dialogue on cannabis has clearly shifted, and they are being left in the past, which costs them votes across the nation. 

While she was Vice President, Kamala Harris supported liberalizing cannabis laws, tweeting:  “Nobody should have to go to jail for weed.” She became the first presidential nominee from either of the two major parties to support marijuana legalization. This marked a significant shift from her past opposition. 

Trump is not too far off the mark. The Republican presidential candidate Donald Trump posted: “We do not need to ruin lives and waste taxpayers’ dollars arresting adults with personal amounts of it (marijuana) on them.” 

Just like in the case of Harris, Trump once opposed a loosening of cannabis laws, having in the past supported extreme crackdowns on drugs. Trump also appointed as his first Attorney General Jeff Sessions, who has never been a supporter of loosening marijuana laws.

Trump has said that legalization at the state level caused considerable problems in states like Colorado, while Harris called on California voters to shoot down a 2010 legalization ballot question.

Nonetheless, both made promises for marijuana policy reform.

The Public’s Thoughts on Cannabis

The American public is on board with cannabis. A Gallup poll shows that 70 percent of U.S. adults believe marijuana use should be legal—a 19 percent increase over 2014 when Colorado and Washington legalized cannabis. 24 states have legalized marijuana.

Cannabis legalization finds support across party lines. 

Eighty-seven percent of Democrats, 70 percent of independents, and 55 percent of Republicans support legalization. 

Half of drug-related arrests across the country are for marijuana-related offenses. The ones arrested are often the young and the poor.

Since legalization, marijuana use among teens has fallen. In states where cannabis is legal, most cannabis users get their marijuana from licensed retailers.

Retail sales of adult-use cannabis products have generated more than $15 billion in tax revenue, which has funded school construction, affordable housing, and other services.

Given the success of legalization and the overt failures of marijuana prohibition, it’s hardly surprising to see the presidential candidates weighing in. It’s just further proof that an issue once considered to be a political hot-button has since gone mainstream.

Currently, 24 states, two territories, and the District of Columbia have passed legalized recreational cannabis laws. Moreover, cannabis is legal in 40 states, with additional states anticipated to legalize cannabis in 2025. 

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Feature photo Credit: Emily Dozier