Joe Biden has been projected to have won the presidential election by several major news organizations. If that sticks when all the votes are certified, and if he fulfills a key campaign promise once he gets to the White House, federal marijuana reform will be part of his administration’s legacy.
Although the Democratic former vice president has embraced decriminalizing cannabis possession, expunging past records and other modest moves, he has faced criticism over his record pushing punitive anti-drug legislation during his time in the Senate. And reform advocates have similarly taken him to task over his refusal to join the majority of U.S. voters and a supermajority of those in his own party in embracing broad adult-use marijuana legalization.
But the political dynamics that will define marijuana policy in 2021 go beyond the presidency. Despite the stated pro-reform positions of both Biden and his running mate, Sen. Kamala Harris (D-CA)—who has her own questionable record on cannabis criminalization but became the sponsor of a comprehensive legalization bill in 2019—the fate of reform still rests largely on Congress.
But it’s unclear at this point which party will control the Senate next year, with news outlets still not ready to project the results of several races and two Georgia seats appearing to be headed for January runoffs.
Democratic leaders have pledged an end to federal marijuana prohibition, and if the party wins the majority, the stage will be set for far-reaching reform.
But if Republicans maintain control of the Senate, there will be serious doubt about what kind of pull a Biden administration could have in moving marijuana legislation—even if he prioritized the issue, which remains to be seen. The past two years have shown time and again that the GOP-controlled chamber is simply unwilling to address the issue in a meaningful