America Is Still Taking A Toe-In-The-Water Approach To Marijuana

Don’t let anyone fool you, the United States is still taking a toe-in-the-water approach to marijuana. Although the tale of the tape shows that more than half of the nation has some kind of cannabis law on the books, the reality is there are only a handful of states where weed is no longer seen as a social leper. But in many ways, it still is to some degree. No matter where you go for legal pot in the Land of the Free, expect to encounter strict possession limits (I mean, come on, when was the last time a liquor store stopped you from buying too much beer?) and many of these areas are still weirded out by the idea of people heading down to their local cannabis lounge to hang out with like-minded folks. Even in places with some of the most highly revered pot laws in the country, the legislative brass has seen to it that the average citizen cannot grow weed at home for personal use. So while, yes, it is safe to say that the cannabis plant is no longer considered the nightmarish ghoul with seven slobbering heads that it once was, we still have a long way to go – and I’m talking a long way – before marijuana is standing on solid ground.  

But apparently, someone forgot to tell the cannabis advocacy community that we’re still a mostly a country up to our necks in prohibition stink. I was sitting at my favorite tavern last night, knocking back a few and gearing up to watch the first of the Democratic debates, when the owner of the bar (let’s call him Larry), someone who has served as my trusted weed dealer for the past decade, showed me an article that suggested that 2019 was, so far, a “banner” year in the grand scheme of U.S. marijuana reform. “What a load of crap,” I told him, “the only real positive that’s happened so far this year is Illinois going legal. New York and New Jersey muffed up their chance – they couldn’t find the votes. And the federal government, don’t get me started.”

“Right,” he said. “But aren’t the Democrats getting ready to change all of that?”

Well, that’s the story they told us back before the 2018 election. Democrats promised that marijuana reform was going to make impressive strides if they were able to gain back control of the U.S. House of Representatives. They’ve had it now for six months, and the only pot-related item they’ve managed to push through is a measly“temporary amendment” designed to prevent Uncle Sam and his legion of anti-dope troopers from swooping into legal states and busting skulls. 

Even though the passing of this makeshift legalization is historical in the sense that nothing like it has ever been supported in Congress before, it still has yet to snag a Senate endorsement, which is essential for it to take effect. So, it’s hardly anything worth celebrating at this juncture. It is frustrating because after all of these years, after 11 states legalized for recreational use, the federal government still cannot get it together enough on this issue to ensure the passing of temporary protections.

It’s pathetic.

“A Democrat in the captain’s chair would surely help,” Larry declared.

“Maybe,” I replied. “If one of them can get there.”

But none of the Democratic presidential candidates, at least at first glance, really stand a fighting chance at beating Trump in the 2020 election. Most of them are in favor of legalizing marijuana nationwide – all except for that old goat Joe Biden— but it is precisely this unified stance on a single issue that could prevent any of the candidates from standing out in the crowd. And if they need anything right now, it is to stand out. Voters watching the debates this week, waiting for a well-dressed donkey-eared politician to stand up and profess his or her support for weed is probably going to get the same response across the board. But if a Democrat is going to dethrone Trump next year at the polls, one of them is going to need to put a different spin on it – or maybe, publish a definitive plan for dragging the nation out of this prohibition wasteland. 

Right now, most of the candidates are marching to the same beat. Eventually, maybe starting with tonight’s debate, Democrats will be forced to start criticizing each other in front of America – moderators will see to that – but since the candidates’ views on marijuana legalization are mostly the same, the issue might not be deemed controversial (or important) enough to get the screen time as other matters. This might make it difficult for some Americans to choose sides. And that just makes it all the more likely that Trump will weasel his way back into the White House for another term.

“I get that,” Larry said. “But you’ve got to admit that the country is well on its way to ending all of this prohibition nonsense.”

“I mean, I guess,” I replied. “Sometimes I think because marijuana is headed in so many different directions, it’s going to take longer. We’ve got the CBD craze, some people think it should be legal for medicinal purposes only, and others just want to try decriminalizing it first to see if that works. I fear that lawmakers will just keep poking around on the issue for years before it ever gets anywhere. And another thing is, everyone keeps forgetting that Mitch McConnell is the one calling the shots on Capitol Hill right now. He’s the only reason industrial hemp production went legal nationwide, but he is not a fan of weed, man. So, if that guy gets reelected next year, the only way this country is going legal anytime soon is if he, all of a sudden, decides it’s a good idea or just drops dead. But he’s the grim reaper, or so he says. So, what can I tell you, McConnell might be in control of the Senate until the second coming of Christ. All I know is he is never going to support marijuana legalization as long as it is on the Democrat’s agenda.”

“But at least states are still headed in the right direction,” Larry said. “That seems to be the way it’s going anyway.”

“Well, that’s not exactly looking promising either,” I replied. 

Just look to the East. New York and New Jersey failed to make good on their promises to legalize marijuana in 2019. Both states were supposed to be a sure thing, but it all came flying apart in the 11th hour. At first, these failures seemed to be about disagreements concerning taxes and reparations, but what it really came down to is there just isn’t enough support in either legislature to make it happen. Now, Jersey is set to put the question of legal weed up to the voters in 2020. New York, too, is going to have to wait until next year for another chance at screwing the pooch. 

Meanwhile, other states, like New Mexico, North Dakota and Georgia are farting around with micro-reforms – reduced penalties for pot possession and more low-THC statutes, things like that — while states that have taxed and regulated markets – some of them for the past five years — are still struggling to take them to the next level. So while cannabis advocates might be calling 2019 a banner year for marijuana reform, all of the events that have transpired, thus far, really just shows how much resistance there still is out there preventing the country from making any significant progress with pot.

“Well, Mike, these things take time,” Larry said.

“It’s been banned since 1937,” I shouted. “How much more time do they need?”