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Biden (wisely) avoids the marijuana debate

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Marijuana is advancing, with Democrats in the lead, some Republicans on board — and President Joe Biden very much taking a back seat. It's probably the smart play.

Senate Majority Leader Chuck Schumer now supports national legalization. But White House Press Secretary Jen Psaki made it clear Tuesday that Biden isn't there yet:

Q: Senator Chuck Schumer said from the Senate floor — he called it the "unofficial American marijuana holiday." And he said that he now supports legalizing marijuana on a national level. Is this something that President Biden would support?

MS. PSAKI: Well, the President supports leaving decisions regarding legalization for recreational use up to the states; rescheduling cannabis as a Schedule II drug so researchers can study its positive and negative impacts; and, at the federal level, he supports decriminalizing marijuana use and automatically expunging any prior criminal records. He also supports legalizing medicinal marijuana. So that's his point of view on the issue.

On the one hand, legalizing marijuana now polls well, which must make it tempting for Biden to jump to the front of the parade. But if he did so, public opinion would likely polarize by party, with Republicans who are now inclined toward legalization switching to opposition. That's simply the context of any policy question during this era of strong partisan polarization; if the president takes a position, public opinion will strongly tend to reshuffle, with voters in the president's party supporting whatever it is and voters in the out-party doing the opposite. If it wouldn't help Biden with weed-friendly Republicans, it's also unlikely that Biden's already strong standing with Democrats would improve, given that it's not a central issue for many people. Biden has been careful to keep urgent policy areas — the pandemic and the economy — as the focus of his presidency. Action on marijuana isn't consistent with that strategy.

Keeping the issue alive also means it will remain relevant at the state level — and there, it probably tends to help Democrats. I doubt that's part of Biden's calculations, but his political team certainly may see it that way.

Meanwhile, legalization and decriminalization have been advancing, and with them further policy challenges. The House earlier this week passed legislation to make it easier to provide financial services to the marijuana industry; the bill, which also passed the House in the previous Congress but went nowhere in the then-Republican Senate, had unanimous support from Democrats and a narrow majority of Republicans as well. It's not yet clear whether the Senate will move the bill by itself, combine it with related (and perhaps more partisan) measures, or block it. Nor is it certain that a standalone bill could defeat a Senate filibuster. Again, Biden staying out of it means that Republicans can assess the measure, which the banking industry supports, without having to worry too much about handing a Democratic president a big legislative victory.

If public opinion continues trending in the same direction, sooner or later we're headed for legalization. But there's not much that Biden can do to make public opinion change any faster. And it makes plenty of sense for him to be patient for now.

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4. Adam Serwer on America First and the history of ethnic bigotry in the U.S

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