Published Article

What a Kamala Harris Presidency May Mean for Marijuana Policy

August 1, 2024

With the sudden change in the Democratic presidential candidate, there are a whole host of implications for the future of America. As presumptive nominee Kamala Harris ramps up her campaign for the White House, we examine her stance on cannabis.

During his time as president, Joe Biden initiated the process to reschedule marijuana under the Controlled Substances Act (CSA) from Schedule I—the most restrictive category—to Schedule III. This move would allow for the development of traditional marijuana-based pharmaceutical drugs. The notice and comment period on the rule to reschedule marijuana has now closed, but the rule has not been finalized. If this process does not wrap up before the election, and there is no certainty that it will, then the next president will have the ability to undo or impede the rescheduling process. As a result, Kamala Harris’s view on marijuana is of significant consequence to the marijuana industry.

In 2010, while still the San Francisco district attorney, Harris opposed Proposition 19, which would have legalized recreational cannabis in California. During this time she also oversaw the conviction of more than 1,900 people for marijuana-related charges.

Despite a somewhat rocky past, Harris has since embraced marijuana reform. In March 2024, while serving as vice president, Harris said “nobody should have to go to jail for smoking weed.” Harris more recently also called on the federal government to speed up the rescheduling process. As a senator, and while campaigning for the Democratic potential candidacy, Harris introduced legislation to decriminalize and tax marijuana and trigger resentencing and expungement for marijuana convictions with tax revenue generated from the industry. Harris also co-sponsored the Marijuana Justice Act with New Jersey Senator Cory Booker.

During any administration change, it is expected that some policies will shift. However, given that Harris, if elected, was part of the Biden administration, it is unlikely that her policies will shift drastically from Biden’s. In addition, keeping in mind the trajectory of her views on cannabis towards federal marijuana decriminalization, it is possible that as president she could go beyond rescheduling. Marijuana is just one of many issues for voters to consider in this consequential election, but we have a good idea as to where Harris stands based on her comments and actions on cannabis.

Reprinted with permission from the American Bar Association’s Business Law Today July Month-In-Brief: Business & Regulated Industries.