Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, July 11, 2018

Lots of notable new pieces examining (just some of) the dynamic modern politics of marijuana reform

As regular readers likely know, I find the modern politics of modern marijuana reform fascinating. And I still believe too few people have given enough consideration to how the modern politics of modern marijuana reform may have significantly impact the 2016 election (as I discussed in a long-ago post "Voter math suggests a possible Hillary landslide IF she had championed marijuana reform").  But a raft of new press pieces has me believing that a lot more people are finally coming to believe that marijuana reform is a big issue in modern political analysis.  Specifically, three interesting article were published just this week with intricate political analysis, and here are links/snippets:

From The Hill, "Marijuana politics evolving in red states":

Supporters and opponents of legalizing marijuana are preparing to fight over ballot measures in half a dozen states this year, shifting the political battleground away from traditionally liberal states and into some of the country’s most conservative areas.  Two measures are already scheduled to appear on November ballots: Michigan voters will decide whether to become the ninth state to legalize marijuana for recreational purposes, while the electorate in Utah will choose whether to join 22 other states by legalizing pot for medical use.

In Missouri, as many as three separate measures could make the ballot. Supporters have submitted signatures for both medical and recreational regimes that will now be inspected by the secretary of state’s office.  Oklahoma, which voted last month to legalize medical marijuana, could see a ballot measure to approve a recreational scheme as well.  Legalization measures are also circulating in Arizona, Nebraska and North Dakota. Supporters in Ohio are trying for a second time to qualify for the ballot, in 2019....

The shifting battlefield, away from liberal coastal states and into more traditionally swing and red states like Michigan, Ohio and Oklahoma, illustrates the unusual coalitions of support on which each side relies.  Far from the traditional conservative-liberal split that divides modern politics, older men and younger progressives tend to favor legalization, while women with children — typically guaranteed Democratic voters — tend to harbor doubts.

From Politico, "Could Legal Marijuana Tip the Senate for Democrats?"

“I think what it means is how far along this issue has evolved just over the last couple of years,” said Ben Pollara, a Democratic strategist who has worked for [Florida Senator Bill] Nelson on his last two campaigns and served as campaign manager for the medical marijuana initiative since 2014.  “It’s gotten to a point where somebody on the moderate-conservative end of the Democratic spectrum like Bill Nelson is not just coming out for medical marijuana but getting involved in a political fight and saying people ought to be able to smoke this stuff. It is no longer an issue with political downside; it’s an issue with almost entirely political upside.”

That’s a calculation that is playing out in a handful of tight Senate races this year, where an issue that has 68 percent support (for full legalization; 91 percent for medical marijuana) offers a way for cautious moderates in red states — Democratic Senators Claire McCaskill in Missouri and Heidi Heitkamp in North Dakota, for example, both of whom could share the ballot with marijuana initiatives in November — to shore up support from the liberal wing of their party.  In states like Nevada, where marijuana is already fully legal, it gives Democratic challengers like Jacky Rosen a ready coalition of bipartisan supporters.

From Forbes, "Why President Trump Is Positioned To Be Marijuana's Great Savior & How The Democrats Blew It"

President Trump, whether premeditated or not, is putting himself in a position to make history by becoming the U.S. president who reversed a nearly century-long policy of marijuana prohibition and, in so doing, reap the political spoils of taking on the mantle of “the legalization president.”

This idea is not so far-fetched. Trump has every reason politically to become an unlikely champion of marijuana legalization. Given the overwhelming public support of the issue, legalizing marijuana will certainly improve his chances of reelection in 2020. If he does, the Democrats will have nobody to blame but themselves.

Talk of President Trump’s potential support picked up steam in early June when he stated that he would “probably" support the STATES Act, a new bipartisan bill introduced by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA) that would exempt legal state-licensed cannabis businesses from the Controlled Substances Act, eliminating the fear of federal prosecution, as well as banking and tax issues that currently plague the industry.

http://lawprofessors.typepad.com/marijuana_law/2018/07/lots-of-notable-new-pieces-examining-just-some-of-the-dynamic-modern-politics-of-marijuana-reform.html

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