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Majority Of Americans Say Marijuana Use Is Punished ‘Too Harshly’ And Past Records Should Be Expunged, Poll Finds

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Marijuana use is one of the only crimes that a majority of Americans say is punished too harshly—and bipartisan majorities also back expunging prior cannabis convictions—according to a new poll.

As the presidential election approaches in November, the survey from YouGov that was released last week looked at where people stand on various criminal justice issues and reform proposals backed by Vice President Kamala Harris, the 2024 Democratic nominee.

The poll prompted respondents with 30 types of crimes, asking whether they felt each issue was treated too leniently, about right or too harshly. Cannabis use was one of just two issues—along with prostitution—where more people said the offense is being addressed too harshly (50 percent) versus too leniently (16 percent).

In contrast, most Americans said other drug-related crimes such as trafficking and fentanyl use were being treated too leniently.

There was a sizable partisan divide on the marijuana question. While the broader consensus is cannabis use is too strictly punished, only 32 percent of Republicans believe that, compared to 62 percent of Democrats and 53 percent of independents.

One in three Republicans (31 percent) said marijuana use is actually handled too leniently, compared to just 7 percent of Democrats.

Even so, not only do most people consider laws penalizing marijuana use excessive, 72 percent said they support “expunging marijuana-related convictions for non-violent offenders,” while just 16 percent said they oppose the reform.

Support for expungements is bipartisan, too, with 84 percent of Democrats and 61 percent of Republicans in favor of the policy.

The survey—which involved interviews with 2,232 U.S. adults from July 31 to August 4, with a +/-3 percentage point margin of error—is one of the latest indications that embracing marijuana reform could bode well for candidates on either side of the aisle.

Another recent series of recent polls found widespread majority support for cannabis legalization, federal rescheduling and marijuana industry banking access among likely voters in three key presidential battleground states: Michigan, Pennsylvania and Wisconsin.

The results also come as observers await a formal statement from the Republican nominee, former President Donald Trump, about where he stands on a recreational legalization measure that will be on the ballot in Florida, where he’s a resident.

Harris has a more defined position on cannabis issues heading into the election. While critics, including Trump, have been quick to point to her prosecutorial record on marijuana, she’s also sponsored a comprehensive legalization bill in the Senate and called for legalization as recently as March during a closed-door meeting with cannabis pardon recipients.

Meanwhile, Harris has selected Minnesota Gov. Tim Walz (D) as her running mate, choosing a candidate who backed numerous cannabis reform measures in Congress, called for an end to prohibition when he was running for governor and then signed a comprehensive legalization bill into law in 2023.

As president, Trump largely stayed true to his position that marijuana laws should be handled at the state-level, with no major crackdown on cannabis programs as some feared after then-Attorney General Jeff Sessions rescinded the Obama era federal enforcement guidance. In fact, Trump criticized the top DOJ official and suggested the move should be reversed.

While he was largely silent on the issue of legalization, he did tentatively endorse a bipartisan bill to codify federal policy respecting states’ rights to legalize.

That said, on several occasions he released signing statements on spending legislation stipulating that he reserved the right to ignore a long-standing rider that prohibits the Justice Department from using its funds to interfere with state-legal medical marijuana programs.

Before Biden bowed out of the race, his campaign made much of the president’s mass cannabis pardons and rescheduling push, drawing a contrast with the Trump administration’s record. The Harris campaign so far has not spoken to that particular issue, and the nominee has yet to publicly discuss marijuana policy issues since her own campaign launched.

Colorado Official Says Lessons Learned With Marijuana Legalization Will Help Inform State’s New Psychedelics Program

Photo courtesy of Mike Latimer.

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Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has also appeared in High Times, VICE and attn.

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