Decriminalization of marijuana likely under Joe Biden’s administration


Joe Biden has gained prominence yet again on the political scene of United States as a presidential nominee for the 2020 elections. According to his running mate Kamala Harris, decriminalization of marijuana is a change in the design of the system which will definitely be dealt with if they win the elections. Effectuation of this policy will also involve an automatic expungement of all marijuana-use convictions and ‘end incarceration for drug use alone’.

Kamala Harris outlined these proposals during a virtual roundtable she hosted through Facebook Live on September 14th.

“This is no time … for half-steppin’, this is no time for incrementalism. We need to deal with the system, and there needs to be significant change in the design of the system.” said Kamala during the virtual roundtable.

The proposed alterations in the legislative policies reflect a huge change in the political stances of these democratic leaders. Both Kamala Harris and Joe Biden have been active supporters of strict actions against drug use. From proposing decriminalization of marijuana to desceduling it, the duo has evolved a lot on their attitudes towards the drug.

Biden has spent a career in Washington that stressed for mandatory minimum sentencing. According to Naomi Murakawa, author of  The First Civil Right:How Liberals Built Prison America, Joe Biden’s policies have ‘made the criminal justice system more lethal and just bigger’.

Biden helped write the controversial 1994 ”tough on crime” law. This law had resulted in aggressive policing, mass incarcerations and more prison cells in the 1990s. He was at the center of framing many other federal policies that escalated the war on drugs.

Biden has defended the 1994 law as recently as 2016. He argued that it helped to put an end to an era of crime and violence in American cities. Biden’s past records with criminal justice issues had put him at odds with most Democrats as a vast majority of them were in support of some sort of reforms in marijuana policies.

Earlier this year, Joe Biden has admitted to making mistakes in his political career. “I haven’t always been right. I know we haven’t always gotten things right, but I’ve always tried,” he said. In an attempt to highlight the changes in his political views, he admitted to the presence of systematic racism within the nation. His decisions had trapped an entire generation, but despite of this he was hopeful about carrying the legacy of MLK forward.

California and Proposition 19

Proposition 19 is also known as the Regulate, Control and Tax Cannabis Act of 2010. The initiative had proposed legalization of marijuana and its related activities for adults 21 years and older. It had also allowed local governments to regulate, tax and control these activities.

About 53.5% votes opposed the initiative on the ballots, leading to its defeat. Kamala Harris was also among those who opposed it and saw the proposition as a public safety issue. She only supported the legal use of medical marijuana but not anything beyond that.

Policy reforms by Kamala Harris

Kamala Harris is often mocked by her opponents for her past record as a prosecutor of marijuana cases. According to some sources, she is responsible for putting 1500 people in jail for marijuana related crimes.

In July of 2019 however, Kamala Harris introduced the MORE Act, short for Marijuana Opportunity Reinvestment and Expungment Act. The bill proposed a removal of marijuana from the Schedule 1 classification. In addition to this, criminal justice reforms and decriminalization of the drug were also a part of the bill. This bill has not received a single vote from the republican controlled Senate.

This September, the MORE Act would be up for vote in the House of Representatives. Voting for rescheduling marijuana in the Congress is a history changing event which has never happened before. Many are seeing this voting opportunity as ‘a chance to end a failed policy’.

If successful, the Act will allow marijuana a legal status at the federal level, although sales will not be legalized immediately in states. “As people across the country protest racial injustices, there’s even greater urgency for Congress to seize this historic opportunity and finally align our cannabis laws with what the majority of Americans support, while ensuring restorative justice,” said Rep. Earl Blumenauer (D-Ore.), an advocate of marijuana legalization.

Will marijuana be legal?

Republicans have criticized Democrats for ignoring more urgent issues like handling the pandemic and handling healthcare issues. Therefore, the chances of this bill passing in the Senate are low in light of the severe opposition.

Furthermore, both Kamala Harris and Joe Biden have been supporters of decriminalizing marijuana not legalizing it. This is why many politicians, including Barbara Lee, think that Joe Biden will need to evolve more on his marijuana policies.  Although the decriminalization of marijuana and its removal from the Schedule 1 classification are big steps but more needs to be done.



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