The Marijuana Superweapon Biden Refuses to Use

ALEX WONG / GETTY / KATIE MARTIN / THE ATLANTIC

Legalizing marijuana is extremely popular. So why won’t Joe Biden embrace the idea?

Democratic political consultants dream of issues like marijuana legalization. Democrats are overwhelmingly in favor of it, polls show. So are independents. A majority of Republicans favor it now too. It motivates progressives, young people, and Black Americans to vote. Put it on the ballot, and it’s proved a sure way to boost turnout for supportive politicians. It’s popular in key presidential-election states, including Michigan, Pennsylvania, Colorado, Florida, Arizona, and Virginia. There’s no clear political downside—although marijuana legalization motivates its supporters, it doesn’t motivate its opponents. For the Democratic presidential nominee, the upsides of supporting it would include energizing a very committed group of single-issue voters and making a major move toward criminal-justice reform and the Bernie Sanders agenda.

Joe Biden won’t inhale.

Democrats eager for Biden to support legalization have theories about why he won’t. His aides insist they’re all wrong. It’s not, they say, because he’s from a generation scared by Reefer Madness. It’s not, they say, because he spent a career in Washington pushing for mandatory minimum sentencing and other changes to drug laws. It’s definitely not, according to people who have discussed the policy with him, because he’s a teetotaler whose father battled alcoholism and whose son has fought addiction, and who’s had gateway-drug anxieties drilled into him.

With legalization seeming such an obvious political win, all that’s stopping Biden, current and former aides say, is public health. He’s read the studies, or at least, summaries of the studies (campaign aides pointed me to this one). He wants to see more. He’s looking for something definitive to assure him that legalizing won’t lead to serious mental or physical problems, in teens or adults.

America appears to be moving on without him, and so are the future leaders of his party.

If Biden really has his eyes on public health, he should think about how many Black people end up in jail for marijuana sale and possession, argues Jackson, Mississippi, Mayor Chokwe Lumumba—a young Black progressive who oversaw local decriminalization in his city in 2018. Biden should also think about how an illicit, unregulated market is leading to the drug being laced with other chemicals, and the health effects of that, Lumumba told me. If Biden thinks marijuana is addictive, he said, then he should explain what makes it worse than alcohol, caffeine, and nicotine. Legalization is a necessary part of criminal-justice reform, Lumumba said. “I would encourage him and his campaign more broadly to do more research on some of the finer points,” he added.

Alternatively, John Fetterman, the lieutenant governor of Pennsylvania, says Biden should think about how legalization could raise tax revenue in the post-pandemic economy of state budget deficits. “What better time than now to have that conversation?” Fetterman told me. Before the coronavirus outbreak, Fetterman spent a year traveling his state, including areas that mostly voted for Trump in 2016, proselytizing “commonsense” legalization. There’s even more reason to agree with him now, he said. “It’s the ultimate policy and financial low-hanging fruit,” he said. “If you’re not moved by the gross racial disparities, what state doesn’t need a couple hundred million more in revenue at this point?”