Grading the Presidential Candidates on Cannabis: Ron DeSantis

We recently kicked off our series of posts grading the presidential candidates on their cannabis stances (check out the first post, on Joe Biden). Today we turn to Florida Governor Ron DeSantis, who as of January 8 was a distant second in the race for the nomination to frontrunner Donald Trump. But with Trump facing a number of challenges that could, perhaps, derail his plans for a second term, the prospect of a DeSantis nomination for the White House cannot be ruled out.

Overall Grade: C+

Back in 2022, when he was campaigning for his second term as governor, we noted that “DeSantis has made it clear that he does not support legalization, though he has ‘suggested he was in favor of decriminalizing marijuana.'” At the same time, we warned against expecting any bold moves on the issue as DeSantis turned his attention to the national stage and showing off his conservative bona fides.

As we get close to the start of primary season, we must say that DeSantis is exceeding our — admittedly low — expectations when it comes to cannabis. Recently, DeSantis declared that “he’d honor state-level decisions on [cannabis] in the event he’s elected President.” That’d be a great start: Respect for states’ rights is really all we need when it comes to cannabis from the federal government. In principle, a President DeSantis should be amenable to the idea of curbing Washington’s power, in particular its overreach when it comes to regulating interstate commerce. (Of course, we’d have to see how President Ron feels about federal power once its levers are at his disposal, or when the rights in question are those of states ideologically unaligned with him.)

Why DeSantis Doesn’t Get a B- or B

The more recent iteration of DeSantis on cannabis might be deserving of a B-, perhaps even a B, if only by way of encouraging the governor. However, his grade has to be docked on account of his seeming inability to address cannabis issues without some dig or canard, either complaining about the smell, scaremongering about fentanyl-laced cannabis, or snidely referring to medical use as a “pretext” on the part of some to get high. He comes off as a guy who cares more about letting you know he’s against legalization than about the actual prospect of legalization. The same probably goes for his gripes about the Noles being left off the College Football Playoff — Go Blue, by the way.

More seriously, under DeSantis’ watch, there has been a whole-of-government effort to second-guess Floridians when it comes to recreational cannabis legalization. His attorney general, Ashley Moody, has led senseless crusades against ballot initiatives on the subject (possibly encouraged by the state Supreme Court’s receptiveness in the past to persnickety arguments over the language in these initiatives). Meanwhile, a few days ago a bill was introduced in the Florida House to limit THC amounts in the event the ballot initiative passes. We understand that the AG and legislators are elected officials unbeholden to the governor, but DeSantis could at least express support for the idea that it should be up to Sunshine State voters to decide whether adult-use cannabis should be legal — which by the way would be perfectly consistent with his vision of Florida as “freedom’s vanguard.” His failure to do so suggests that he is, at a minimum, untroubled by the AG’s undemocratic efforts.

Conclusion

DeSantis’ disparaging comments about cannabis and acquiescence in efforts to prevent Floridians from voting on legalization mean that he cannot get anything higher than a C-. While his framing of cannabis as a states’ rights issue is encouraging, there is nothing in his record to suggest that DeSantis would move to change the federal prohibitionist framework that hinders the development of legal cannabis industries at the state level. That said, there is at least the possibility that a DeSantis Administration would strike a compromise that lays down some bright lines for states and their cannabis industries. Obaman half-measures are hardly something to get excited about, but coming from Ron DeSantis, that wouldn’t be too bad, would it?

Article by Frederic Rocafort originally posted at the Canna Law Blog.