Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Saturday, November 21, 2020

MIght Donald Trump have won a second term by championing marijuana reform?

Four years ago, I suggested in a post, titled "Voter math suggests a possible Hillary landslide IF she had championed marijuana reform, that Hillary Clinton's close loss in the 2016 Presidential election migtht have had a different outcome if she had been a vocal and consistent advocate for major marijuana reforms.  Among other points in that post, I noted that third-party candidates Gary Johnson and Jill Stein had both advocated for full marijuana legalization and that Clinton might have prevailed in key swing states like Florida, Michigan, Pennsylvania and Wisconsin simply by peeling off some of their support voa support for marijuana reforms.

I am reminded of this now long-ago post, and prompted to ask the question in the title of this post, by this new commentary by Don Murphy of Marijuana Policy Project over at Marijuana Moment.  The piece, titled "Did Trump’s Failure To Embrace Marijuana Legalization Cost Him Votes?," is worth a full read and here are snippets:

As a candidate [in 2016], Trump said he was in favor of medical marijuana… “100 percent.” He also said he knew sick people who use marijuana for medical purposes and that, “it really does help them.” I knew then that he was sympathetic to patients and to our cause. And he thought legalizing marijuana should be left up to the states. I was dealt a pretty good hand....

Knowing he agreed with the policy and could witness firsthand the value of the politics, I was just waiting for executive action.  In August, in anticipation of an ‘October Surprise,’ MPP hand-delivered to the administration a list of what Trump could do to bring this civil war to an end.  Yet they never acted.

When it was apparent that the Democratic nominee would be the author of the ‘94 crime bill, Joe Biden, the RNC and the Trump campaign were quick to juxtapose Trump’s criminal justice reform efforts with Biden’s “lock ‘em up” history.  But it was difficult to make the case that Biden was bad on cannabis when Trump wasn’t yet good on cannabis.  Trump’s vocal support of STATES was negated by his nomination of Jeff “good people don’t smoke pot” Sessions as Attorney General and Sessions’ subsequent repeal of the Cole Memo.

Finally in August, the president blamed marijuana ballot initiatives for the defeat of Wisconsin Governor Scott Walker for bringing “out like a million people that nobody ever knew were coming out.”  I knew then that Trump understood the benefit of being on the right side of reform.  Yet he never acted.

Maybe Trump is right, maybe not.  According to an analysis by Marijuana Moment, one thing is certain: sharing your ballot with cannabis will embarrass you.  In the red states, in the blue states and in the battleground states, pot is more popular than the pols.  This year, medical cannabis beat the president in South Dakota and Mississippi. Adult-use bested all the Senate, House and gubernatorial candidates in Montana and beat both Trump and Biden in New Jersey and Arizona.

If Trump is correct, there is a certain irony that, less than three months after his remarks to Walker, cannabis got 60 percent, Trump 49 percent in battleground Arizona. His margin was razor thin. In a race where everything mattered, marijuana votes mattered.  Did being on the wrong side of cannabis not only embarrass Trump (and McSally) in Arizona, but also cost him the state’s 11 electoral votes and maybe the White House?  Based on his comments in Wisconsin, Trump must think so.

https://lawprofessors.typepad.com/marijuana_law/2020/11/might-donald-trump-have-won-a-second-term-by-championing-marijuana-reform.html

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