It’s that time of the year again: election season. As a business owner, these can be difficult times to navigate. Keeping an eye on the candidates and their stances so that you can make the best vote for your business can sometimes feel like a full-time job in it of itself. Not only that, but this year brings with it a presidential election, ramping up the stakes even more for businesses keeping an eye on the future of their company.
Since Payday HCM has been around since 1985, we’ve seen our fair share of elections. We understand the importance of making an informed decision on behalf of your company, and we want to ensure that everyone has the information they need to be able to do that. And in this election, one of the more pressing issues is cannabis legalization. Seeing as twenty-four states have now legalized small amounts of marijuana for both medical and recreational use, it’s important to know where both candidates stand on the issue and how this might affect your organization.
In this article, we’ll go over each candidate's position on the legalization of cannabis. We’ll look at what they’ve each said in regard to the matter and how this would affect your company. By the end, you’ll have a better understanding of the issue and how it might impact the future of your company.
In this article, you will learn:
- Where Each Candidate Stands On Cannabis Legalization
- How Each Candidate’s Stance Would Impact Your Company
Where Each Candidate Stands On Cannabis Legalization
Firstly, we’ll review each candidate's statements regarding the legalization of marijuana to better understand the kinds of policies they might push for when in office.
Kamala Harris On Cannabis Legalization
Since taking President Joe Biden’s place as the democratic nominee for the 2024 presidential election, current Vice President Kamala Harris has remained relatively quiet on her stance in regards to legalized marijuana. Harris's only real comment on the issue since becoming the nominee came on September 30, when she said that the U.S. should legalize it.
Generally, this is in line with Harris’s stance on the issue in the past. Initially, Harris’s prosecutors in San Francisco convicted more than 1,900 people for cannabis-related offenses. Harris also opposed a 2010 piece of legislation that would have legalized marijuana in California.
Over time, however, her position would change. In 2019, as a senator, Harris co-sponsored a bill that would have made marijuana federally legal. She would continue to show her support for the legalization of cannabis throughout the years, including during her presedential run in 2019.
While the issue is absent from the issues section of Harris’s campaign website, given her recent past support as well as running mate Tim Walz’s support of legalization in Minnesota, it’s safe to assume that Harris likely still supports legalization.
Donald Trump On Cannabis Legalization
Like Harris, former President Donald Trump’s campaign has remained relatively quiet on the issue of legalized cannabis. Recently, however, Trump indicated his support for the legalization of cannabis as he indicated he would vote “yes” on a bill in Florida to legalize marijuana.
Not only that, but Trump also voiced his support for the rescheduling of cannabis to a Schedule III controlled substance, a move that would put marijuana in the same schedule as ketamine and anabolic steroids. This would also give the Federal Drug Administration the power to regulate cannabis. Current President Joe Biden initiated the rescheduling process in 2022.
Historically, Trump has indicated a similar stance. During his 2016 presidential campaign, he expressed support for medical marijuana while saying more research should be done on its benefits. He indicated that the question of legalization should be left up to the states.
The issue of legalized cannabis is also absent from Trump’s campaign website, but given his recent indication of support for rescheduling, it’s safe to say that Trump would most likely move to reschedule the drug but stop short of full-scale legalization: Trump’s running mate, senator J.D. Vance, has indicated a much stronger policy against either legalization or rescheduling.
How Each Candidate’s Stance Would Impact Your Company
Given each candidate’s similar stance on the issue, there wouldn’t be much of a difference in regards to what might happen if either candidate gets elected. The main difference to focus on here is between just rescheduling and fully legalizing marijuana.
Rescheduling And Its Impacts
If marijuana were to be rescheduled from a Schedule I drug to a Schedule III drug, it would be treated much more like a prescription drug. Marijuana products would need to receive approval from the Food and Drug Administration as well as register with the Drug Enforcement Agency to abide by any rules and regulations surrounding manufacturing and handling Schedule III drugs.
From a business standpoint, you’d largely see a shift on the human resources side of things. Since cannabis would function like a prescription medical drug, there would be more of an argument to be made for employers to provide accommodations to those who use medical marijuana under the Americans with Disabilities Act—a move that courts have historically rejected up to this point.
Not only that, but employers could risk a lawsuit if they were to reject a candidate from a job based on their use of medical marijuana through the ADA. Rescheduling would require a relatively thorough rework of many organizations' drug policies.
Full Legalization And Its Impacts
In terms of full-scale legalization, there wouldn’t be much of a difference between this and rescheduling when it comes to your company. Many of the legalization effects will be felt by those who are currently in the industry, with tax laws and interstate commerce becoming a lot more friendly.
Even still, organizations can still see the same effects that they did with rescheduling in terms of accommodations under the ADA. Those who use marijuana for medical purposes could still seek accommodations from their employers just as they theoretically could if it were to be rescheduled.
The biggest question with full legalization would be workplace safety. There is a correlation between recreational legalization and an increase in marijuana use, as well as data to suggest cannabis can be harmful to workplace safety (albeit data is limited). Legalization may mean a revamping of workplace drug policies as well, but one that is more so focused on workplace safety.
Pot In The Polls
Elections are stressful, more so if you’re a business owner. Depending on which candidate is elected, they could enact policies that could impact your entire organization. Who you decide to vote for could have far-reaching implications for you and every member of your company. It’s not a decision that can be taken lightly, and it requires a lot of research. Luckily, now that you’ve read this article, you feel more confident about where each candidate stands and how that might impact your business.
When it comes to issues like these, it can be easy to get lost in all the laws and regulations. You may not know which ones you're compliant with and which ones you’re not. Check out our article on the Affordable Care Act to ensure your company complies with all government regulations.
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