Kamala Harris’s History with Cannabis Law and Reform

Kamala Harris has had an evolving position when it comes to cannabis law and reform over the years. In her time as Vice President of the United States, she supported movements like reclassifying marijuana and pardoning federally convicted Americans for marijuana possession. 

And, her stance has appeared to be more and more progressive as she has climbed the federal office ranks. 

However, Harris wasn’t always so lenient and showed mixed support when it came to cannabis-related laws and upholding them — especially during her time as a California Attorney General. 

The Harris History of Cannabis Law

Back when Kamala Harris was California’s Attorney General from 2011-2017, she was on the other side of cannabis law reform, prosecuting cannabis-related crimes. 

She helped convict over 1,900 Americans for cannabis-related violations, but other prosecutors on her staff did have a higher conviction rate when it came to these charges under her predecessor. Notably, many of these defendants were not arrested for low-level cannabis-related possessions either. 

There were more mixed views on cannabis law during her time as District Attorney since she opposed the 2010 measure to legalize marijuana in California, encouraging voters to reject the recreational use of cannabis in California. However, she did support the legal use of medical marijuana.

Like many Americans over the years who have shifted their mindset and stance on cannabis, so did Harris. Perhaps it was even the transformation around her in California after it was recreationally legalized that began to change her mind. 

In 2015, during the Democratic State Convention, Harris stated she wanted to end the federal ban on medical marijuana. 

Leading up to the 2020 presidential bid, something else changed. Harris’ stance appeared to loosen up even more when it came to the opposition to marijuana, and it has continued to loosen since then. 

In January 2019, only a week after her presidential bid announcement, Kamala Harris was interviewed by radio show The Breakfast Club. On the show, Harris admitted to the radio hosts that in college, she had smoked a joint herself, and that she was in favor of legalizing marijuana. She also made a joke referencing her Jamaican heritage. 

She admitted that she had concerns in the past about marijuana when asked about the criticism she was facing about her former approach to marijuana-related crimes. However, now that she was a contender in the 2020 election, she was showing she had come a long way in her stance by instead introducing legislation to help decriminalize and tax marijuana at the federal level.

“Times have changed — marijuana should not be a crime. We need to start regulating marijuana and expunge marijuana convictions from the records of millions of Americans so they can get on with their lives,” Harris had said during her announcement to propose the Marijuana Opportunity Reinvestment and Expungement Act.

The act would mean the expungement of charges or resentencing for people convicted of marijuana-related crimes and for tax revenue to be gained by the marijuana industry if it was passed. 

The Drug Enforcement Administration has classified cannabis among the most dangerous controlled substances for the last several decades. But in 2022, the Department of Health and Human Services reviewed how marijuana was classified, thanks to Biden and Harris’ influence. 

During a White House discussion in March 2024 with rapper Fat Joe, Harris even called out the Department of Health and Human Services during the interview in an effort to speed up this reclassification process and ease marijuana penalties. 

Harris found it ridiculous that fentanyl was classified as a less dangerous drug than marijuana, per the classification at the time, despite the U.S. fentanyl-related death toll climbing to tens of thousands annually. 

“I cannot emphasize enough that they need to get to it as quickly as possible and that we need to have a resolution based on their findings and their assessment. But this issue is stark when one considers the fact that on the schedule currently marijuana is considered as dangerous as heroin. Marijuana is considered as dangerous as heroin and more dangerous than fentanyl, which is absurd. Not to mention patently unfair,” Harris had said of the Departments of Health and Human Services and Justice, which were handling the review.

In May 2024, in partial thanks to the way Harris campaigned for the change, a movement to reclassify cannabis came from the Justice Department. 

Under the Controlled Substances Act, this change meant marijuana would go from a Schedule I to a Schedule III drug. While Schedule I drugs are ones considered to be addictive and very dangerous, schedule III drugs, which are drugs like anabolic steroids or Tylenol with codeine, are prescribed as needed and considered much lower on the scale for physical and psychological dependence. 

This classification change marked the biggest shift in marijuana law in the federal government since marijuana was outlawed in the first place. 

Kamala Harris and Cannabis Today

Since she officially became Vice President, Kamala Harris’s advocacy and leadership when it comes to cannabis laws and cannabis justice reform has certainly been a strong, positive change in favor of marijuana. 

Harris has not seemed afraid to show her stance on cannabis as of late either when the subject has been brought up in interviews. 

During a recent interview with Jimmy Kimmel, where they discussed her part in helping to reclassify cannabis, Harris said, “Look, people shouldn’t have to go to jail for smoking weed!”

A joke was also made by Kimmel letting Harris know a strain of weed had even been made in her honor. “Really? Seriously? I did not know that!” Harris replied in surprise. Kimmel joked back saying they should have at least sent her a sample, causing Harris to lightheartedly laugh. 

The moment President Joe Biden endorsed Harris for the Democratic ticket, cannabis lovers across America began asking themselves one question: Where will she truly stand, and to what end, on making marijuana federally legal if she becomes president?

Harris has made a pretty major transformation when it comes to policies related to marijuana on the federal level. Because of this, many people in political circles speculate Harris might act publicly to support the rescheduling of marijuana. 

Right now, cannabis is legal in some capacity in almost 40 states. But to truly resolve the issues related to state versus federal laws surrounding cannabis, marijuana would need to be descheduled and completely removed from the Controlled Substances Act list altogether. 

Other people speculate, however, that she might tread more carefully, and keep a similar position to Biden. This would mean she would be all for reform, but might still oppose full legalization at the federal level.

For now, we will be waiting and watching to see the next move she makes when it comes to cannabis law reform — especially if she does become president. 

Update: As of October 14, 2024, Kamala Harris revealed her plan to help Black men in America. As part of her plan, she pledged to legalize recreational cannabis nationwide as well as provide opportunities for Black men and women to start marijuana businesses.