Democrats’ long-awaited marijuana legalization bill appears to have no path forward in the evenly divided chamber after failing to secure the Republican support necessary to clear the 100-member chamber’s 60-vote filibuster threshold. But discussions surrounding the bill could pave the way to future compromise.
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Last month, Senate Majority Leader Chuck Schumer (D-NY), as well as Sens. Cory Booker (D-NJ) and Ron Wyden (D-OR), introduced the Cannabis Administration and Opportunity Act, a bill that would end the federal cannabis prohibition by removing the drug from the Controlled Substances Act and leave laws surrounding it for to states to legislate. The proposal also would expunge all prior federal criminal convictions related to marijuana, among other measures. Some Republicans may have favored a more modest approach, such as steps toward decriminalization rather than full legalization.
But the bill failed to secure necessary Republican support to clear the 60-vote filibuster threshold. Booker appeared to acknowledge this in a recent interview with NJ Spotlight News. The senator indicated he is willing to get into the weeds on “compromises” for marijuana legislation that have a “restorative justice” element.
“I’m open to compromises that are going to achieve my goals of safety, of investment opportunities that are equal for business communities and, finally, to make sure we do something for all of these people right now who have marijuana possession charges that deserve some relief from the impact that it’s having on their economic and family well-being,” Booker said.
Booker, chairman of the Senate Judiciary Subcommittee on Criminal Justice and Counterterrorism, argued at a recent panel hearing that federal cannabis prohibitions have failed and left the federal government out of step with a growing number of states that have decriminalized the drug. Booker also argued that the government should address higher rates of marijuana-related incarceration for black Americans than white Americans, even though the groups use the drug at comparable rates.
At the same hearing, Sen. Tom Cotton (R-AR) argued against the measure. The bill would be a gift to drug cartels, Cotton said.
The bill does not have enough support to pass the Senate, which is divided 50-50, with Vice President Kamala Harris giving Democrats the tiebreaking vote. Yet the legislation has launched some discussions among lawmakers who come to the issue with varying perspectives. Schumer has discussed the matter with the leading pro-legalization Republican in the House, Rep. David Joyce (R-OH), the Washington Post reported.
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The House has passed its own marijuana legalization bill, and there are indications that marijuana legalization is gaining popularity with voters, including Republican voters. But as Democrats seek to defend their congressional majorities, they may choose to focus their remaining legislative efforts on matters that would have a larger impact with voters. A FiveThirtyEight analysis found that any electoral impact from marijuana efforts is “small and fairly neutral.”

