President Joe Biden has said he supports D.C. statehood, but his new budget proposal maintains a ban on recreational marijuana in the city.

Evan Vucci / AP Photo

President Joe Biden is again proposing  that the ban on legalizing the sale of recreational marijuana continues in D.C., another setback for local officials and advocates who celebrated Democratic control of the White House and Congress as a sign that the six-year-old prohibition would eventually be lifted.

Biden included what’s come to be known as the Harris Rider in his proposed $5.8 trillion budget for 2023, unveiled on Monday, just as he did in his proposed budget for 2022 last year.

Named after sponsor Rep. Andy Harris (R-Maryland), the provision was inserted into the federal budget in 2015 and has since made it impossible for D.C. officials to pass a bill that would legalize marijuana sales. (While possession, use, home cultivation, and gifting of marijuana were legalized by D.C. voters in 2014, sales were not.)

The proposal from the president follows a related disappointment for marijuana advocates earlier this month, when Congress passed a spending bill that kept the Harris Rider in place until at least September. It also means that D.C.’s window for moving to legalize sales — which Mayor Muriel Bowser and a majority of the D.C. Council say they want to do — is fast closing, especially if Republicans were to take control of either the House or Senate after the midterm elections.

Biden has said that he supports states deciding whether they want to legalize marijuana sales; more than a dozen have already done so, and places like Maryland and Virginia are expected to follow suit. He has also supported D.C. statehood, which would clear the way for the city to do what states elsewhere are moving ahead on without congressional interference.

But his decision not to remove the Harris Rider from his budget proposal again threatens to leave D.C. in what local officials have deemed a regulatory no-man’s land, where a growing industry of D.C. retailers sell products and give “gifts” of marijuana — but the city can do nothing to effectively regulate them.

“I have a hard time reconciling the administration’s strong support for D.C. statehood, which would give D.C. not only voting representation in Congress but also full local self-government, with a budget that prohibits D.C. from spending its local funds on recreational marijuana commercialization,” said D.C. Del. Eleanor Holmes Norton in a statement. “With Democrats controlling the White House, House and Senate, we have the best opportunity in over a decade to enact a budget that does not contain any anti-home-rule riders.”

“Once again, Amtrak Joe gives the residents of D.C. his caboose to kiss,” tweeted local activist and former council candidate Markus Batchelor.

On the other side, proponents of keeping marijuana illegal cheered Biden’s move.

“Legalization advocates hoping for an ally in the President will be very disappointed,” said Dr. Kevin Sabet, president of Smart Approaches to Marijuana. “The budget released today does not extend protections for states violating federal laws around marijuana, nor does it give Washington, D.C. the authority to legalize, something many thought would happen because of the overall Democratic priority for D.C. autonomy in policy matters generally. We applaud President Biden… and all of the administration officials who pushed out the pot lobbyist influence.”

This post was updated with a comment from Norton.