The Chance for Marijuana Legalization Rests In Georgia

Just when we thought election season was over, supporters of marijuana legalization are gearing up for one last major fight of the season. That is because the last hope for full cannabis legalization at the federal level fully depends on the outcome of two special elections for U.S. Senate in Georgia on January 3, 2021. 

Simply put, if the Democratic candidates win both of these seats, flipping control of the U.S. Senate to the Democrats, legalization supporters will have their best opportunity to end the decades long disastrous policy of cannabis prohibition. A Republican victory in either one of these elections means there is little to no chance of federal legalization until at least 2023, and likely much longer. After all, the party in control of the White House typically loses seats in Congress in midterm elections, making the prospects of unified Democratic government after the 2022 elections narrow at best. 

Democratic U.S. Senate candidate Jon Ossoff of Georgia speaks to supporters during a rally on ... [+]

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It is worth saying that it shouldn’t have to be this way. Marijuana legalization is not a heavily partisan issue. It enjoys widespread support nationwide, with the most recent Gallup poll finding 68% of Americans support legalizing marijuana for adults, including 48% of Republicans and 49% of self-identified conservatives. In this past election, legalization was passed by voters in every state where it was on the ballot, all by convincing margins. This included win tallies of 54% in deep red South Dakota, 57% in conservative Montana, and a whopping 60% in now purple Arizona. 

But unfortunately, as I wrote on election week, Republican leadership in Congress lags far behind their constituents on the issue of legalization. Hopes that we might see legalization in 2021 or 2022 under a Biden administration were largely dashed as it appeared Mitch McConnell and the GOP would remain in control of the Senate in the upcoming 117th Congress. 

After all, Senate Majority Leader McConnell has shown no interest in advancing legalization, or even any meaningful cannabis reform legislation during his time in leadership. Even relatively minor reforms like the SAFE Banking Act, that would allow banks to do business with state licensed cannabis companies without fear of federal interference or sanctions, has failed to even garner a committee vote, despite having passed the full House of Representatives, and seemingly having enough support from Republican Senators to pass should McConnell call it to a vote on the floor. 

Senate Majority Leader Mitch McConnell (R-KY) stands firmly in the way of Federal cannabis reform, ... [+]

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Despite support from members of his own Senate caucus like Lisa Murkowski (R-AK), Rand Paul (R-KY), and outgoing Senator Cory Gardner (R-CO), McConnell has consistently mocked and belittled the issue of legalization in recent years. When asked if his support of hemp would carry over to the broader legalization issue, McConnell quipped “It is a different plant. It has an illicit cousin which I choose not to embrace,” going on to state “I do not have any plans to endorse the legalization of marijuana.” 

On top of his stated opposition, McConnell has proven himself an adept obstructionist when faced with a Democratic presidential administration. With the knowledge that legalization would likely be claimed as a victory by a Biden administration, it is virtually impossible to imagine Senator McConnell having a change of heart on this issue in the near future. Sadly, should McConnell remain in control of the Senate next year, any hopes of legalization will likely die at his feet. 

The same cannot be said, however, of current Democratic Congressional leadership, who of late have actively embraced legalization, descheduling, and expungement of cannabis criminal records. As I wrote in my last column: 

Make no mistake, regardless of one’s own personal political leanings, Democrats managing to take full control of Congress and the White House would be the best- case scenario for cannabis reform. Current Senate Minority Leader Chuck Schumer has stated that legalization would be a major priority in a Democratic Controlled Senate. House Speaker Nancy Pelosi has promised that a legalization bill, the MORE Act, will receive a vote on the House floor this year.  Congressional Democratic leadership is more unified and supportive on the issue of cannabis reform than they have ever been. 

While President- Elect Joe Biden’s history on the issue of marijuana policy is among the worst of prominent Democratic politicians, his position has evolved considerably in recent years and he is being pushed by other well known Democrats to take the next step. During this election the Biden campaign touted their support for decriminalization, and Biden himself has spoken out in favor of decriminalization, expungement, medical marijuana, and respecting state cannabis laws. And of course, the lead sponsor of the MORE Act’s Senate companion bill is none other than Vice President Elect Kamala Harris. 

This is not to say that should Democrats pick up the two seats in Georgia’s special election that a unified Democratic government will achieve federal legalization. Whoever controls the federal government will have a long list of priorities to address next year, from the ongoing Covid-19 pandemic to a global recession. It is possible that this issue gets left by the wayside, or that President Biden’s old drug warrior ways reemerge and he refuses to support meaningful reform. 

Nobody should see Democratic control of Congress and the White House as a panacea for cannabis reform. To succeed, it will require the millions of cannabis activists, entrepreneurs and supporters to keep the pressure on the administration and Congressional leadership. Strong supporters in both houses of Congress will need to continuously pressure House and Senate leadership, as well as the Biden-Harris administration to make good on their rhetoric. After all, it is one thing to espouse grand policy positions when you are in the minority and unable to actually pass legislation. Supporters will need to ensure that these elected officials keep their promises should they be put in a position to actually effect change. 

But while it is true that Democrats supporting legalization is no sure thing, it is equally true that legalization stands little- to- no chance under Mitch McConnell and current Republican Senate leadership. Supporters of legalization, regardless of their own broader personal political beliefs, should keep a firm eye on the upcoming special election in Georgia, and do all they can to help Democrats capture both seats. 

Anything short of two Democratic victories in Georgia in January, and marijuana legalization supporters will likely be waiting years, if not decades, to finally see an end to our nation’s disastrous 73-year experiment with marijuana prohibition.