Who's Blocking Cannabis Reform In The Senate? Marijuana Policy Still Divides Democrats And Republicans

As cannabis legalization debates continue to escalate at both the federal and state levels, a comprehensive new report by The Marijuana Herald maps out where all 100 U.S. Senators stand on major reform issues, including recreational legalization, medical use, decriminalization, banking access and rescheduling. The report offers the most detailed snapshot of the upper chamber's political alignment on marijuana.

Partisan Divide: Familiar Lines, New Fractures

A clear party-line divide remains visible: nearly every Democrat supports all five cannabis reform measures, while most Republicans continue to oppose them, particularly recreational legalization and rescheduling from Schedule I.

Yet there are exceptions. Republican senators like Rand Paul (KY) and Cynthia Lummis (WY) show nuanced or even supportive positions on banking and rescheduling. Paul supports a "state-by-state" approach and has "pushed for marijuana rescheduling and expanded access for veterans," while Lummis voted for the SAFER Banking Act despite opposing legalization.

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Meanwhile, Democrats like Raphael Warnock (GA) have taken more cautious stances on parts of reform. While supporting decriminalization and rescheduling, Warnock voted against the SAFER Banking Act in committee, citing equity concerns but left the door open for support on the floor.

Banking Reform Gains Bipartisan Traction

The SAFER Banking Act—which would allow cannabis businesses access to financial services—emerged as the most bipartisan issue. Roughly 60 senators currently support it, including several Republicans who otherwise oppose legalization, such as Steve Daines (MT), Todd Young (IN) and John Curtis (UT).

Some, like Sen. Rand Paul, framed the issue as one of basic economic fairness: legal cannabis businesses "shouldn't be locked out of banking services just because of federal red tape."

Still, a faction of GOP holdouts remains opposed, including former Banking Committee chair Sen. Mike Crapo (ID), who has blocked previous versions from advancing.

Rescheduling Remains Contested

Though the Biden administration has moved toward rescheduling marijuana to Schedule III, not all senators are on board. While every Democrat supports the change, many Republicans remain firmly against it, including Sen. John Cornyn (TX) and Sen. Tom Cotton (AR), who labeled the push "a dangerous path."

A few Republicans, including Kevin Cramer (ND) and Steve Daines, expressed conditional support, stating openness to changes "based on research."

Support For Legalization Still A Minority Position In The GOP

Of the 49 Republicans in the Senate, only a handful—notably Sen. Rand Paul—express support for full recreational legalization. Even those who back state autonomy, such as Lisa Murkowski (AK) and Susan Collins (ME), are reluctant to endorse nationwide legalization.

Meanwhile, Democratic support is nearly universal, with key figures like Sen. Chuck Schumer actively pushing legislation like the Cannabis Administration and Opportunity Act. Schumer has tied support for SAFER Banking to equity reforms and "urged President Biden to deschedule marijuana."

Incoming Senators And Shifting Dynamics

Newly elected senators bring fresh dynamics. Rep. Ruben Gallego (D-AZ), now a senator, maintains a staunchly pro-cannabis stance, having voted for the MORE Act and advocating for full descheduling. Similarly, Sen. Adam Schiff (D-CA) carries over a pro-reform record from the House.

In contrast, Sen. Bernie Moreno (R-OH)—who defeated cannabis supporter Sherrod Brown—has taken a hardline stance, calling marijuana "a gateway drug" and linking it to "schizophrenia."

State-Level Contradictions

In multiple states where cannabis has been legalized, senators continue to oppose federal reform. This includes both senators from Florida (Rick Scott and Ashley Moody) and South Dakota (John Thune and Mike Rounds), despite strong voter support for legalization at the state level.

Conversely, senators from traditionally conservative states like Montana, Alaska and Utah have shown more willingness to respect voter mandates, particularly on banking and medical access.

Reform Outlook: A Divided Senate With Flickers Of Momentum

The path toward federal cannabis reform remains narrow. Comprehensive legalization still lacks the supermajority needed to overcome procedural hurdles, but momentum continues to build around incremental efforts like banking access and rescheduling.

As the 2025 session continues, pressure from constituents, economic forces, and evolving public opinion may drive further shifts. For now, the Senate reflects a patchwork of positions—some hardened, some shifting—with each senator holding sway over a multi-billion-dollar question: What does the future of legal cannabis in America look like?

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