Democrats cannot blow their marijuana midterm opportunity

You don’t need an advanced degree in the political sciences to read the trendlines heading into the midterm elections. Things are not breaking in the Democrats’ favor, no matter how you slice it. Analysts are already writing obituaries for the Democrat’s control of the House of Representatives, and the already razor-thin Senate edge is being put on life support.  

But while opinion writers and pundits are spending countless hours diagnosing the Democrat’s problems, few highlight a painfully obvious solution to the party’s plight. 

Voters like it when their elected officials pass legislation that they support and that impacts their daily lives. It should be self-evident, but when politicians pass legislation that is broadly popular with the American people, they are then far more likely to reelect them when they go to the ballot box. Moreover, in an age where our country is more divided than ever, there is one issue that appeals to majorities of Americans in both political parties (and independents). That singular issue that can bring most of our fellow citizens together is ending our failed prohibition on marijuana. 

Polling data provided last week by SRSS Research reveals levels of support for legalizing marijuana across all political affiliations. Specifically, 78 percent of Democrats, 74 percent of Independents and 54 percent of Republicans believe that the use of marijuana by adults ought to be legal. These are bipartisan polling numbers that should have incumbents salivating over. 

SRSS Research’s poll is not a fluke. These bipartisan levels of support have been consistent for some time. In fact, marijuana legalization now has such a solid and broad base of support that it is hard to think of another political issue that rivals it.  

At a time when most people don’t believe Congress can get anything done, at least anything that truly benefits everyday Americans, this is a massive opportunity. Passing legislation to end the federal prohibition of marijuana would instantly generate positive headlines and boost the favorabilities of any party who managed to shepherd it across the finish line. It just so happens that the Democratic Party is currently in the driver’s seat, and if they want it to stay that way, repealing the federal prohibition of marijuana might be the surest path. 

With Democratic leadership, including President Joe Biden, constantly proselytizing about the value of bipartisanship, the issue of marijuana law reform crosses the spectrum in nearly unprecedented ways. Signing legislation, such as the MORE Act, into law would energize an increasingly glum and apathetic base, appeal to many sought-after independent voters and potentially win some converts from the opposite side of the aisle. In addition, it has the benefit of having a real impact on issues that the Democratic Party claims to hold dear, such as addressing mass incarceration and providing for racial justice and criminal justice reform. In a year where the economy’s health remains a primary concern for many voters, clearing the way for more states to legalize and regulate marijuana also has the selling point of being a tax revenue generator and job creator.  

Some Democratic candidates have received the message; Pennsylvania Lt. Governor John Fetterman treats this issue as a central plank in his platform. He is currently leading his nearest primary competitor by around 30 points. Still, incumbent Democrats in Congress need to prioritize passing legislation and ensuring the American public knows who is responsible for doing so. While the House of Representatives’ recent approval of the MORE Act was a great start, it has now slammed into the stone wall that is the Senate and has seen no further action since. Senate Majority Leader Chuck Schumer (D-N.Y.) has been talking a big game about introducing his version of a descheduling measure for more than a year, but the legislation has yet to be formally introduced, and the announced date of introduction continues to slip later and later into the year. Other pieces of ancillary legislation, such as the bipartisan SAFE Banking Act, also continue to wither on the vine after initial votes of approval.  

The results of November’s elections are not yet set in stone, but time is quickly diminishing for Democrats to take the threat of their ouster seriously and take real, tangible legislative action to alter their path. If the party fails to do so, not only are they missing a massive opportunity, but they further a view held by many that Democrats are all talk and no action. Marijuana law reform is also no longer just the arena of the left. If the GOP takes back control of Congress, there are already several Republican lawmakers who have introduced descheduling legislation and will likely be prepared to do so again. Should the Republicans find a way to advance marijuana-related issues in a fashion that Democrats have thus far failed at, the dividends they reap have the potential to pay off far into the future. 

It would be political malpractice for Democrats to let the marijuana midterm opportunity pass them by, but the choice is theirs. Voters are watching and the clock is ticking. 

Erik Altieri is the executive director of the National Organization for the Reform of Marijuana Laws (NORML) in Washington, D.C.