Marijuana legalization has increasing bipartisan support in the United States. While nearly a third of states have legalized the drug recreationally or medically, it remains a Schedule I (the highest and most dangerous categorization) drug at the federal level. Other Schedule 1 drugs include meth and heroin.

Most Democratic leaders have been supporters of legalization or, at a minimum, decriminalization, meaning that no one should be behind bars for consumption. Different states have taken different approaches to the question of legalization, with some enacting laws that benefit the communities that were targets of the war on drugs. These laws are an attempt at correcting past injustices as lawmakers admit that the harsh policing surrounding marijuana that was common practice for decades destroyed the lives of individuals, families, and communities.

The public has moved much faster on the issue of legalization than leaders in Washington, and both parties have taken note.

Trump softens his position on marijuana legalization

The Trump campaign has identified a group of voters primarily consisting of young men detached from politics but attracted to the GOP candidate‘s tough guy persona. Many within this group have very different politics than the Republican party‘s traditional base, and Donald Trump’s movement on legalization shows that he is extending an arm to these voters. In early September, Trump posted on Truth Social that "it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use." The candidate also mentioned that he would support "smart regulations" to ensure adults have access "to safe [and] tested product[s]." Trump votes in Florida, and this year, voters will determine if marijuana will be legalized recreationally through the Amendment 3 referendum; he has said he’ll vote “Yes” on the ballot measure.

Like the issue of abortion, Trump believes it should be up to the states while rescheduling the drug from I to III, which would place it alongside drugs like testosterone, pain relief with codeine, and ketamine.

Kamala Harris makes promises to legalize marijuana and the federal level

The Harris campaign‘s website does not provide information on the candidate’s stance on marijuana legalization. However, during her speeches on the campaign trail, she has indicated her position on the issue. Additionally, as part of her outreach to Black men, she has promised to “legalize recreational marijuana and create opportunities for Black Americans to succeed in this new industry.”

Neither campaign has released legislation explaining how they will go about legalization, and the powers that would be left with the states versus the federal government.