As President Biden moves forward with his agenda, Republicans are turning more attention to immigration and “canceling culture” – a 21st century retrofit of so-called cultural wars, which Republicans often use to maintain support when their party is out of Washington power.
But inside the White House, the Biden government has its own cultural war on its hands. And that left many of the president’s political allies scratching their heads.
On Friday, Jen Psaki, the White House press secretary, confirmed that five employees lost their jobs because they used marijuana in the past – although the government has already told new employees that previous cannabis use would not immediately disqualify them. Several other employees remain employed working from home while their history of marijuana use is assessed.
It came as a surprise to many proponents of marijuana legalization, which is now more popular than ever. Biden has long been relatively conservative when it comes to drug policies and has never endorsed full legalization, but his plans for criminal justice reform include decriminalizing marijuana and a number of other policies to slow the war on drugs, which is in its 50th year.
Udi Ofer, the director of the American Civil Liberties Union’s justice division, said punishing White House officials for past marijuana use was a mixed signal. “Americans overwhelmingly support the legalization of marijuana, but these types of punitive practices on the part of employers – not to mention the White House – perpetuate a failed war against marijuana,” he said in an interview. “Marijuana possession remains America’s No. 1 prison, year after year, and it is these types of misguided employer policies that perpetuate this.”
Last year, Gallup found that Americans supported marijuana legalization by more than two to one, the highest level of support on record. Sixty-eight percent of the country was in favor of legalization, while only 32% were against it.
The level of support was almost uniform among white and non-white respondents. Even Republicans were evenly divided – with 48% in favor and 52% against – while sentiment among Democrats was overwhelming: more than four out of five supported it.
“Arguably, the Biden government missed an important opportunity here,” said Eli Lehrer, the conservative-minded president of the R Street Institute, which supports drug law reform. “Like any administration, they need to have consistent policies. And rewriting things for nothing is difficult. On the other hand, the tide is clearly turning in the direction of legalization. “
“The cultural war over this issue has definitely advanced,” he said. “Even among Republicans, you are almost reaching a majority that directly supports legalization.”
Recreational use of marijuana is now legal in 14 states, as well as in the nation’s capital. Some states and municipalities have even made it illegal for employers to consider previous marijuana use in pre-employment examinations, as the Biden government did.
A Nevada law that went into effect last year prevents companies from considering a pre-employment test result for marijuana use; in New York City, a new law prohibits employers from testing marijuana before employment. These laws do not apply to jobs where safety may be a concern, or to jobs linked to federal programs that require drug testing.
The White House downplayed the layoffs, which were first reported in The Daily Beast last week. “The end result is this,” Ms. Psaki wrote on Twitter on Friday. “Of the hundreds of people hired, only five people who started working at the White House are no longer employed as a result of this policy.”
Ms. Psaki emphasized that the government has revised previous hiring standards to allow for more leniency. “As a result, more people will serve that they would not have in the past with the same level of recent drug use,” she said.
The Daily Beast also reported that the White House forced, suspended or relocated dozens of employees as a result of marijuana use, but two people close to the situation told The Times last week that this was not the case. In an interview, a senior White House official approached the number to a dozen.
Still, the White House’s continued treatment of cannabis use as a shooting offense puts it out of step with public opinion and developments at the state level.
While the use of a small amount of marijuana for recreational purposes remains a federal misdemeanor – and becomes a crime after the first offense – legalization efforts have infiltrated even deep red states. Voters in South Dakota recently approved a measure that allows recreational use. In North Dakota, Republican lawmakers are moving forward with legislation that would do the same.
When she was in the Senate, Vice President Kamala Harris was a leading advocate for marijuana legalization and sponsored a bill that would remove marijuana from the Class I drug list, where it stands alongside heroin and cocaine. Biden has been less proactive about marijuana reform, but in the election campaign he endorsed her decriminalization. He did not specifically speak out for or against the war on drugs, which he helped to wage as a senator – instead he prefers to frame things around criminal justice reform and the opioid crisis.
ACLU’s Ofer said it was within Biden’s executive powers to remove marijuana from List I.
“I understand that the new government has been inheriting past practices from previous federal agencies,” he said. “But it would be one thing if the White House came up with a position that said, ‘We don’t believe in these policies – we believe that people shouldn’t be punished for previous marijuana use. It will take some time to go through the process of changing these policies, but this is where we are. ‘”
“If that were their stance, they would not be facing criticism from the civil rights community; but that is not their posture, ”he said. “So let’s start by clarifying President Biden’s position on the legalization of marijuana. And then let’s clarify how it is progressing. “
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