Former President Donald Trump has selected Sen. J.D. Vance (R-OH) as his running mate in the 2024 presidential election—a choice that could have implications for marijuana policy if the ticket is ultimately elected given Trump’s mixed record and Vance’s opposition to certain modest cannabis reform proposals in the Senate.

Vance, who was elected in 2022, doesn’t have an extensive cannabis policy record, but his limited actions and comments on the issue indicate that he’s aligned with Trump on one key issue: He backs the rights of states to set their own marijuana laws. He’s also indicated that he’s against incarcerating people over low-level possession.

However, he voted against bipartisan banking legislation that passed in committee and has argued that states that have enacted legalization should increase enforcement activities, complained about the smell of cannabis multiple times and suggested that its use can lead to violence.

With Trump’s position on marijuana issues often in flux, his choice for a vice president adds uncertainty to the prospects of advancing reform under the administration if they are elected. But neither Trump nor Vance support adult-use legalization, and the running mate’s opposition to cannabis banking access doesn’t appear to raise the chances of modest legislation moving under the duo. That said, Trump would make the final call on any bills sent to his desk, and his position on the banking measure is unclear.

Here’s where vice presidential nominee Vance stands on marijuana policy: 

Legislation And Policy Actions

Vance was among the nine members of the Senate Banking Committee who voted in the minority against the Secure and Fair Enforcement Regulation (SAFER) Banking Act in September 2023. That bill is still pending floor action, and Democratic leadership has repeatedly described it as a priority without advancing it further, but Vance said he opposed it in part because he believes it would inadvertently make it easier for illicit operators to traffic other drugs such as fentanyl.

Asked about his opposition to the legislation in April 2024, the senator argued that it “was crafted in such a way that actually would have opened up access to banking resources for fentanyl traffickers and others.” There’s no clear evidence that that’s the case, but Vance has more generally discussed his concerns with the fentanyl trade on several occasions.

“Of course, Ohio is not geographically a border state, but all the fentanyl and the drugs that come across the border make us a border state in its effects. I’d really like to stop the flow of those illegal drugs and stop the flow of the criminal activity” – Senator @JDVance1 pic.twitter.com/JiLWmXtGim

— Senator Vance Press Office (@SenVancePress) January 26, 2023

“You have to do this in the right way,” he told The Dales Report of cannabis industry banking access. “You obviously want people to access financial services—but if you do it the wrong way, you can actually promote illicit activity, and that’s what I want to prevent.”

In a letter to a constituent that Vance sent in April 2024, he said he “carefully” considered his position on the SAFER Banking Act and “ultimately voted against it due to several public safety-related concerns.”

“It is my view that the upsides of this bill are overstated,” he said, asserting that financial institutions are “already able to bank marijuana companies.” Certain banks and credit unions do work with state-licensed cannabis businesses, but federal prohibition and the risk of being penalized by federal regulators has led many to avoid the industry, meaning it is a uniquely cash-intensive market by and large.

“The SAFER Banking Act could pave the way for more widespread marijuana use and federal legalization,” he said. “The Department of Justice also noted that this bill could facilitate money laundering. I am worried that this could open the door for other illicit activities, like the trafficking of fentanyl and methamphetamines, to access depository insurance.”

Past Comments And Social Media Posts

The vice presidential candidate has also weighed in on the Biden administration’s move to reschedule marijuana under federal law, stating that it’s “never been my particular focus and my particular cause of concern.” He also raised doubts about the idea that marijuana banking reform is a priority for the GOP-controlled House.

In an interview with AskAPol’s Matt Laslo that was published in May 2024, Vance gave his initial reaction to the news that the Justice Department had proposed moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).

“My view on weed is, like, we have to strike a balance between, you don’t want people thrown in prison for having a dime bag,” he said. “That mercifully doesn’t happen most of the time in this country.”

“I also think we haven’t quite figured out how this new regime coexists with not polluting our public spaces, right?” he said. “This is, like, a big frustration that I have. You take your kids downtown Cincinnati to go to a restaurant, and you walk by, like, five people who are stoned. It smells terrible. Like, I don’t want that. I also don’t want people getting arrested for, y’know, having a dime bag. And I think we have to strike that balance a little bit better.”

He added that he believes legal cannabis states “need to be a little bit more aggressive about public use enforcement. And, frankly, we just need a different cultural sensibility.”

“If we’re going to go into this more open regime, people have to actually take some responsibility and not do it around, y’know, six year old kids,” he said.

Those comments were made months after voters in his state of Ohio overwhelmingly approved a ballot initiative to enact adult-use marijuana legalization that is being implemented. To that end, Vance did separately say in December 2023 that Ohioans “made their decisions now, and we should respect that and allow it to be an Ohio issue.”

“Maybe Michigan has a different policy, and Tennessee wants to have a different policy,” he said, indicating support for letting states set their own legalization laws without federal interference. “That’s fine. It’s a good thing our system is set up this way. I wouldn’t want to federalize this issue. I think we federalize far too many issues, and we shouldn’t add to it.”

Following the Ohio vote, Vance told Politico that he’s “not a fan of recreational marijuana.” He argued that legalization increases youth use and traffic fatalities, despite contradictory research on those issues.

He added, however, that he doesn’t have a “super ideological or philosophical approach to [cannabis], and he thinks “you have to take these things issue by issue.”

In an October 2022 debate against former Rep. Tim Ryan (D-OH), who was competing against him for the Senate seat he now occupies, Vance said cannabis laws should be a “states’ issue.” However, while he reiterated his position that people should not be imprisoned over simple possession, he said he was concerned about marijuana use potentially leading to violence.

J.D. Vance says marijuana should be a “state’s issue” but warns against being “soft on crime”:

“A lot of times … look at the underlying charge — it wasn’t just that they smoked a joint, it’s that they smoked a joint and then beat an elderly woman over the head with a pistol.” pic.twitter.com/E1bcUMlZ7z

— The Recount (@therecount) October 11, 2022

“A lot of times, look at the underlying charge—it wasn’t just that they smoked a joint, it’s that they smoked a joint and then beat an elderly woman over the head with a pistol,” he said, playing into prohibitionist talking points.

In July 2023, he broadly claimed that drug decriminalization increases drug overdose and addiction rates in response to a question about the reform enacted in Portugal and in some parts of the U.S..

“If you look at some of the strategies that have been tried in Portugal, some of them have been tried in certain municipalities in the United States. And what you end up seeing is drug overdose numbers go up, addiction numbers go up,” he said. “So, I think if the Portugal approach could work here, it would’ve, frankly, already worked.”

Vance added, however, that “some harm reduction absolutely matters.”

“Suboxone is a sort of medically assisted treatment for people who are trying to break clean of this stuff. All that’s part of the equation. But I think that if we believe we’re going to solve the opioid problem by handing out needles, we’re going to make the problem worse and in fact, we’re already seeing evidence that we’ve done this.”

“So no, I don’t think that’s the solution,” the senator said, “But I do think that we should follow the evidence wherever it ultimately leads here. Legalization is not going to help, but maybe doing medically assisted treatment more and making that more accessible, that’s a good solution.”

He also said he supports allowing the president to use the U.S. military to go after drug cartels. That policy seems consistent with Trump’s more recent rhetoric, which includes his proposal to apply the death penalty to people who’ve trafficked illicit drugs.

Personal Experience With Marijuana

Prior to being elected to the Senate, Vance became a best-selling author of a memoir titled “Hillbilly Elegy,” which partly touched on the drug crisis in the Appalachian region of the U.S. where he grew up, such as Kentucky and Ohio.

He conceded that he is not an “unbiased observer” of substance misuse issues, given his family’s own experience with it.

“Nearly every person you will read about is deeply flawed. Some have tried to murder other people, and a few were successful. Some have abused their children, physically or emotionally. Many abused (and still abuse) drugs,” he said. “But I love these people, even those to whom I avoid speaking for my own sanity.”

It does not appear that Vance has discussed any personal experience using marijuana or other substances.

Marijuana Under A Trump-Vance Administration

With regard to Trump himself, the GOP presidential nominee has generally indicated over the past year that he intends to position himself as an anti-drug candidate. His record on cannabis specifically is mixed, however, and he’s been known to vacillate on various positions, depending on when he’s asked about the issue.

Vance arguably is more open to marijuana policy reform compared to Trump’s prior vice president, Mike Pence, who repeatedly voted against a number of reform proposals while serving in Congress. But at the same time, Vance has opposed measures that most consider bipartisan and common sense such as cannabis banking reform. He does, however, share the former president’s states’ rights position and also seems amenable to some form of reduced penalties for simple possession.

As the ticket proceeds to campaign ahead of the November election, it may be possible that Vance in particular will be pressed on his cannabis position. Not only does he represent a state that just recently enacted legalization, but he’s also a relatively young conservative politician who is reaching the national stage at a time when many of those within his demographic are increasingly embracing marijuana reform, based on polling.

On the other side of the election, incumbent President Joe Biden and Vice President Kamala Harris have made clear they understand the appeal of marijuana policy reform. Biden continues to oppose adult-use legalization, unlike his vice president, but he’s issued mass pardons for simple possession cases at the federal level and initiated the review that’s led DOJ to formally move to reschedule the plant.

Where Presidential Candidate Donald Trump Stands On Marijuana