Since being founded in 2013, anti-legalization organization Smart Approaches to Marijuana (SAM) has consistently presented itself as supporting a balanced middle-ground approach between incarceration for consumers and the commercialization of cannabis. But it has never clearly described what it thinks police and government agencies should do to people caught possessing marijuana instead of putting them behind bars or just ignoring them.
In a new document uploaded to SAM’s website last week, the group lays out “several key points to be addressed in model legislation” for cannabis at the state level.
Chief among them:
“Require mandatory assessment of problem drug use by a treatment professional after the first citation; those who are diagnosed with a substance use disorder can be diverted into a treatment track where they receive the appropriate level of care, those who are not problem users can be directed to social services for follow-up and addressing other life factors contributing to drug use.”
Let’s break that down.
If the police catch someone possessing a small amount of marijuana once, the person is directed to a “mandatory assessment of problem drug use.” If they are diagnosed as having a substance use disorder they are then forced to undergo treatment. If they refuse, presumably they’d be incarcerated or otherwise punished in some way.
But even if it is determined that the person is “not a problem” user, they still get directed to “social services” to dig into “other life factors” associated with their decision to consume cannabis.
“Project SAM, like U.S. Attorney General Jeff Sessions, firmly believe that ‘good people don’t use marijuana,'” Paul Armentano, NORML’s deputy director, told Marijuana Moment after reading the prohibitionist organization’s proposal. “In SAM’s case, their overarching philosophy appears to be, ‘Only people with problems use marijuana.'”
“Clearly, SAM believes that marijuana use per se should be defined under the law as aberrant behavior requiring varying degrees of state intervention,” he said. “Such an approach perpetuates the needless stigmatization of marijuana and those who consume it, and is clearly at odds with the attitudes of the majority of the public who desire to see and end to these discriminatory and punitive public policies.”
SAM representatives did not respond to Marijuana Moment’s request for clarification about whether and how people would be punished for refusing mandatory assessments, treatment or participation in social services programs.
While the organization this year endorsed New Jersey decriminalization legislation that would require people caught with marijuana to undergo assessments, the new blog post appears to be the first time the group has made a considerable effort to articulate its favored alternative to cannabis legalization despite repeated promises over the course of years that it would “soon” release information about its policy aims beyond just impeding efforts to end prohibition.
@SanhoTree There are plenty of non-legalization alternatives that are also non incarceration. We will unveil some soon.
— SAM (@learnaboutsam) March 25, 2015
— Tom Angell 🌳📰 (@tomangell) August 9, 2014
Under the new plan, it appears that most people caught with marijuana would have to pay for treatment themselves.
But in a concession to legalization advocates who have pointed out that marijuana laws are often enforced more harshly against those from communities with lesser economic means, SAM does suggest waiving fines and treatment costs for people who don’t have the money to pay. They also say community service could be an alternative to shouldering the monetary costs for those with “severe financial hardship.”
Kevin Sabet, SAM’s president, has consistently said in interviews that he doesn’t seek to punish people for consuming or cultivating marijuana at home and is merely concerned with stopping “Big Marijuana” companies from commercializing addiction. But his organization has repeatedly opposed legislative proposals to allow possession and limited cultivation with no sales.
“You could grow a plant at home, actually. You could homegrow,” he said in a 2016 interview, for example. “You could do gifting. You could do a kind of decriminalization where basically we turn the other way.”
Nonetheless, the group opposed a 2014 ballot measure in Washington, D.C. to legalize low-level possession and homegrow, as well as legislation in Vermont this year to allow the same thing. Neither proposed to create a legal, commercialized cannabis sales market and instead allows adults to “gift” marijuana to one another in line with Sabet’s statement.
Both measures were enacted into law over SAM’s objections.
Perhaps tiring of standing on the sidelines yelling “no” to legalization to no avail, the group is finally preparing to try its hand in shaping policy. It remains to be seen if the new “model legislation” document leads to a more hands-on role in the cannabis legislative process for the prohibitionist organization.
Trade Associations And Civil Rights Groups Send Mixed Messages On Marijuana Banking To Senate
A coalition of trade associations sent a letter to Senate Banking Committee leadership on Thursday, urging a vote on legislation to protect financial institutions that service state-legal marijuana businesses.
But those senators are also feeling pressure from leading civil rights groups like the ACLU and Human Rights Watch, which sent an earlier letter insisting that they not allow cannabis banking to detract from more comprehensive reform that addresses social equity.
The organizations involved in the latest letter—including the American Bankers Association and Credit Union National Association—said that advancing the Secure and Fair Enforcement (SAFE) Banking Act or similar legislation is pivotal to ensuring that stakeholders receive needed clarity and are shielded from being penalized by federal regulators.
The letter, addressed to Banking Chair Mike Crapo (R-ID) and Ranking Member Sherrod Brown (D-OH), emphasized the bipartisan nature of the House passage of the bill in September and the growing movement at the state level to legalize cannabis for medical or recreational purposes.
“Our organizations support an initial legislative step that allows the legal cannabis industry into the banking system,” the groups, which also include the Council of Insurance Agents and Brokers, International Council of Shopping Centers and National Association of REALTORS, wrote. “Ultimately, protecting law-abiding financial institutions and ancillary businesses from their currently untenable position and addressing increasing public safety concerns.”
As more states reform their marijuana laws, however, “distribution, sale, possession, research, transaction, housing, employment, and a broader landscape of cannabis is becoming increasingly problematic” for stakeholders under federal prohibition.
“Ultimately, this creates more legal and security concerns that impact the operations and safety of businesses and consumers,” they said. “Finally, the lack of an available safe harbor for cannabis will continue to challenge the full adoption and deployment of the legal hemp and CBD products market in the U.S. due to the inextricable link between hemp and cannabis.”
“To resolve this, we urge the Committee to vote on the SAFE Banking Act or similar measures. Such measures are meant to create a safe harbor for depository institutions that provide a financial product or service to businesses in a state permitting the use of cannabis. A safe harbor will enable law enforcement and states to effectively monitor and regulate businesses while simultaneously bringing billions into the regulated banking sector.”
12 groups including ABA just wrote @MikeCrapo @SenSherrodBrown @senatemajldr @SenSchumer urging a vote on the #SAFEBanking Act. It's time to end the legal limbo over banking cannabis in the growing number of states where it's legal. Read the letter: https://t.co/1529vIHawq
— American Bankers Association (@ABABankers) December 12, 2019
The letter, also signed by Americans for Prosperity and R Street, recognizes that creating a federal regulatory scheme for marijuana will take time but says that the SAFE Banking Act represents “a critical first step to ensure that legal cannabis marketplaces are safe, legal, and transparent.”
Crapo has said that he’s interested in holding a vote on resolving the cannabis banking issue in his panel before the year’s end, but so far nothing has been scheduled. The chairman told Marijuana Moment in earlier interviews that there are several changes to the House-passed bill that he’d like to see but that he’s worried impeachment proceedings against the president will interfere with plans to hold a vote.
All that said, pressure from civil rights advocacy groups could complicate congressional efforts to get the banking bill approved. In October, several organizations including the ACLU, Drug Policy Alliance, Human Rights Watch and Center for American Progress sent a letter to Senate leadership, as well as Crapo and Brown, demanding that “marijuana legislation considered in the Senate include provisions that will guarantee equity in the industry.”
The letter, which doesn’t appear to have been previously reported and was obtained by Marijuana Moment, states that while the coalition agrees the SAFE Banking Act “is an incremental step toward rolling back the federal prohibition of marijuana, it fails to help communities that have been historically and disproportionately devastated by United States’ punitive drug laws.”
“As the Senate Committee on Banking, Housing, and Urban Affairs considers similar legislation, we insist that the legislation include provisions that ensure equity in the marijuana industry by creating opportunities for individuals who have been prohibited from this growing business either by legal or financial means,” the letter, which was also signed by the Immigrant Legal Resource Center, Leadership Conference on Civil and Human Rights and National Association of Social Workers, states.
“Indeed, this Congress has shown it understands the economic impact of legalization. But while progress on the business side of legalization is promising, it is not sufficient. Federal marijuana legislation must be comprehensive and lead with equity, addressing past and current harms to communities of color and low-income communities who bore the brunt of the failed war on drugs. We demand that any marijuana reform or legalization bill considered by the Senate] include robust provisions addressing equity. More than simply adding equity provisions to bills that address industry concerns, we need comprehensive reform that deschedules marijuana and addresses the inequities and harms continually inflicted by the failed war on drugs.”
In other words, the groups are insisting on broad reform prior to a vote on a bill viewed as largely beneficial to the cannabis industry—similar to a request they made of House members prior to the legislation’s passage in the chamber.
Read the marijuana banking letters from the trade associations and civil rights groups below:
GOP Congressman Knocks His Party For Failing To Pass Marijuana Reform
A Republican congressman says that whichever party is responsible for passing federal marijuana reform will “instantly” shoot up in the polls, while lamenting the fact that the GOP failed to do so when they controlled the House.
Rep. Thomas Massie (R-KY), a vocal advocate for hemp, was asked by Fox Business host Kennedy on Wednesday whether cannabis should be rescheduled under federal law.
“Absolutely,” he said. “The first party that does this—and I don’t understand why either party won’t do it—is going instantly gain 10 points in the general poll on which party versus the other.”
“We should have done it when we were in the majority,” he added. “The liberals should be asking Pelosi why she hasn’t put it on the floor yet.”
The House Judiciary Committee approved legislation last month to end federal marijuana prohibition, but it hasn’t yet been scheduled for floor action.
Massie made similar points during an interview with Marijuana Moment earlier this year, stating that if Republicans had advanced states’ rights-focused marijuana legislation, “I think we might still be in the majority.”
Of course, while Massie has supported legislation to allow states to set their own cannabis policies without federal intervention, as well as other more modest reform measures such as protecting banks that service marijuana businesses, he’s so far declined to cosponsor any bills that seek to deschedule cannabis.
The congressman has also expressed interest in changing federal gun control laws to allow cannabis consumers to purchase firearms.
Though it’s not clear exactly how much of a boost either party would get by passing a marijuana reform bill, a Pew poll released last month does show that there’s majority support for legalization among those who lean Republican (55 percent) as well those who lean Democratic (78 percent).
Photo courtesy of YouTube/Rep. Massie.
State Department Warns Travelers About Flying With Cannabis Oil Internationally
The U.S. State Department is warning international holiday travelers that while hemp-derived CBD might be legal in the U.S., it can land you in trouble if you take it certain places abroad.
“Make sure your gift isn’t a fa la la la la la la la la fail,” the department said in a tweet on Thursday. “Bringing along gifts like drones, CBD oils, and firearms can land you in trouble in foreign countries. Research what is and isn’t allowed before you travel.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Flickr/DHS.