Paul Armentano

In every election for the last 25 years, voters have had the opportunity to decide on statewide ballot measures legalizing marijuana for either medical or adult-use purposes. This November will be no exception.

Voters in five states — Arkansas, Maryland, Missouri, North Dakota and South Dakota — will decide on proposals to legalize and regulate the adult-use marijuana market. (Voters in a sixth state, Oklahoma, will also determine the issue during a special election to be held in March.) So far, 19 states and the District of Columbia have enacted adult-use legalization measures. In most cases, these laws were initiated by voters, not lawmakers who often remain silent on the issue despite overwhelming voter support in favor of legalization.

Indeed, in this age of hyper-partisan politics, legalizing and regulating marijuana is one of the few political issues that voters on both the ideological “right” and “left” agree. According to the latest national polling data, two-thirds of voters support legalizing marijuana for adults. This percentage includes majorities of Democrats, independents and Republicans, as well as most younger and older voters. When it comes to legalizing marijuana for medical purposes, public support increases to more than 90 percent.

Given this public consensus, it is curious that the issue must go to the ballot at all. Ideally, elected officials should be clamoring to pass legislation in accordance with voters’ wishes. In reality, however, lawmakers often are reluctant to act. This has been especially true at the federal level, where congressional lawmakers thus far have failed to advance even incremental reforms to the president’s desk. These include bills to appropriate federal funds toward university-sponsored clinical research into marijuana’s health effects and legislation permitting banks and other financial institutions to provide services to state-licensed cannabis businesses.

But times may be changing. According to recently provided polling, nearly one in two voters now say that it should be either a “top priority” or an “important priority” for Congress to “pass a bill to legalize marijuana.” Among registered Democrats, 54 percent prioritized legalization. In addition, the president’s recent directive to issue mass pardons to those with federal, low-level marijuana-related convictions, along with his sharp criticism of marijuana criminalization as a “failed approach,” has further legitimized and elevated the issue inside the Beltway.

Historically relegated as a fringe political issue, President Biden’s foray into marijuana reform legitimizes legalization as a subject worthy of consideration — and action — by those at the highest levels of government. It also reinforced the notion that advocating for marijuana reform isn’t just good policy — it’s also good politics. In fact, 69 percent of Americans say they approve of the president’s actions, according to just-released survey data from Monmouth University.

Moreover, by making the first move, the president has amplified the pressure on Congress, and the Democratic leadership, to respond. In the interim, however, voters will continue to take matters into their own hands — one state at a time.

Paul Armentano is the deputy director of NORML — the National Organization for the Reform of Marijuana Laws. He wrote this for InsideSources.com.

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