Ben Jealous is serious about legalizing marijuana in Maryland if he wins the state’s gubernatorial election in November. And with early polls showing him in the lead as the June 26 Democratic primary approaches, the former NAACP president might just get his shot.
For Jealous, a progressive candidate endorsed by Sens. Bernie Sanders (I-VT) and Kamala Harris (D-CA), among others, his stance on cannabis policy has evolved over time—but he’s put full legalization front and center during his gubernatorial campaign.
Marijuana Moment reached Jealous by phone to learn more about his plans for marijuana reform if elected governor.
This interview has been lightly edited for length and clarity.
Marijuana Moment: You tweeted recently that comedian Dave Chappelle was the first person to tell you that cannabis should be legal. Can you describe that conversation and how it influenced your own personal views?
Ben Jealous: We were young and we were 20 years old in Mississippi. And Dave had come down there. I was organizing to stop a governor from turning a black college into a prison, and I was stressed out because Dave wanted to fire up a joint, and I didn’t want to go to jail in Mississippi. Dave was like ‘well, this shit should be legal,’ and I was like, ‘yeah, but it’s not.’ That was basically the conversation.
When I was 20 I was known as “Dave Chappelle’s bodyguard”.
Now that I’m 45, I’m proud to be: “Dave Chappelle’s Candidate.”
And, if you’re wondering, yes he was the first person to tell me Cannabis should be legal for adults.
I was skeptical then.
I agree with him now. https://t.co/ovQKVlhmcx
— Ben Jealous for Governor (MD) (@BenJealous) June 5, 2018
And then it was just an ongoing conversation about the history of marijuana enforcement—the way it was targeted at our community and Latino communities, and that just sort of opened my eyes. And that led me as president of the NAACP pushing for decriminalization in a number of states and cities. That’s ultimately where that conversation led. Dave was the one who really first talked to me about the way in which marijuana enforcement had been targeted at our communities. It just so happened that that day in Mississippi, the stakes were so high, I wasn’t really having it.
MM: Let’s talk more about the evolution of your position on cannabis reform. Were there any other major factors that led you to adopt a pro-legalization stance?
BJ: I did not start the campaign thinking that this was going to be one of the big issues that I was going to be talking about. However, I did start the campaign knowing that we were going to have to deal head on with the violence in Baltimore and the shootings elsewhere around the state, including places like Prince George’s County. And so around the second anniversary of the uprisings in Baltimore, I asked a retired member of the Baltimore Police Department to go talk to commanders that he knew across the city and just ask them, ‘why are the shootings surging? What’s going on with the violence?’
We can either tax and regulate cannabis for adult use, reduce violence, and enrich our state.
We can continue a policy that enriches the cartels & has always had a racially biased pattern of enforcement.
Some politicians see this as a real dilemma.
I don’t. #LegalizeIt
— Ben Jealous for Governor (MD) (@BenJealous) February 7, 2018
And he came back and he said, ‘Ben, you know, there were two big data points.’ I said, ‘OK, what are they?’ He said, ‘one, nobody can really agree why the shootings have been surging in recent years. However, everybody is in agreement that approximately half of the shootings in the past 10 years had been one set of marijuana dealers killing another set of marijuana dealers.’ That made me sit up straight, because it really laid bare that we could be saving lives if we legalized cannabis. And that added to the mountains of evidence of the good that could be done to advance racial justice, the good that could be done to increase revenues for universal pre-k.
MM: It’s estimated that full legalization would bring in upwards of $120 million in tax revenue for Maryland. What’s your top priority in terms of how you’d like to see that revenue allocated?
BJ: One of the things that excites me, as I look forward to the day when we legalize cannabis in Maryland, is that we know that when we do, we will be able to decrease the shootings in Baltimore and throughout the state, and we’ll be able to increase five-year-olds’ readiness to start kindergarten. It’s a great win-win. And it’s rare in politics, but it’s also urgently needed. We know that we have to end mass incarceration—and yet go further. We have to really get back to opening up the gates of opportunity for all of our children. And by legalizing cannabis, we get to make progress on both fronts.
My education plan calls for taxing and regulating marijuana for adult use and using those funds to pay for universal pre-k.https://t.co/HibjLgIwyD
— Ben Jealous for Governor (MD) (@BenJealous) May 18, 2018
We’ll be able to decrease the number of people going into prisons, we’ll be able to make our streets safer and cut the violence on our streets significantly, but we’ll also be able to generate tax revenues that will cover the costs of providing universal pre-k for every child in the state. And that itself will strike a blow against mass incarceration because we know that the better prepared a child is for kindergarten, the more likely they are to do well in school and stay in school and end up in a good job. It’s a true win-win.
MM: What would your message to Democratic presidential candidates in 2020 be when it comes to the issue of legalization?
BJ: Speaking as a Democrat, as party that is committed to being the party of working people, the party of economic justice, the party of racial justice, the party of civil rights, it should be an easy decision at this point. States like Colorado and Washington, D.C and Washington State have led the way, shown that it decreases violence, and it increases tax revenues, while taking the money out of the pockets of gangs and cartels that are engaged in a lot of other very dangerous criminal activities. It’s just common sense—and courage and common sense should be the hallmarks of the Democratic party.
MM: Can you speak to the importance of strengthening the state’s diversity requirements for marijuana licenses?
BJ: Let us never forget that this is the 21st century. Our Republican governor rolled out the new medical cannabis as if it were the 19th century. In a state that’s 53 percent women and 48.5 percent people of color, 100 percent of the licenses went to white-owned companies and virtually none went to women. That should never be allowed to happen again. When I’m governor, we will go further. We will make sure that the ownership is inclusive, but we’ll also make sure that people from the neighborhoods that have been adversely affected by the war on drugs are included in both ownership and employment. The illegal cannabis trade has been a steady employer in a lot of very poor neighborhoods like Upton, where my mom grew up in West Baltimore. We must build this industry in a way that lifts up the people from the places that have paid the steepest price in the war on drugs.
Photo courtesy of Gage Skidmore.
Congressman Files New Marijuana Banking Reform Amendment To Large-Scale House Bill
The House sponsor of a bill to protect banks that work with state-legal marijuana businesses announced on Friday that he is seeking to attach an amendment containing the reform to a broader bill dealing with research and innovation in the tech and manufacturing sectors.
Rep. Ed Perlmutter (D-CO), sponsor of the Secure and Fair Enforcement (SAFE) Banking Act, has expressed interest in finding another vehicle to pursue his proposal after it was stripped from a separate defense bill late last year. The congressman’s legislation has cleared the House in five forms at this point, only to stall in the Senate.
His latest attempt to get the reform enacted is by filing an amendment with the SAFE Banking language to the America COMPETES Act, which does not deal specifically with cannabis issues as drafted but was introduced in the House this week.
“Cannabis-related businesses—big and small—and their employees are in desperate need of access to the banking system and access to capital in order to operate in an efficient, safe manner and compete in the growing global cannabis marketplace,” Perlmutter, who is retiring from Congress after this session and committed to passing his bill first, said in a press release.
I have filed #SAFEBanking as an amendment to #AmericaCOMPETES b/c cannabis-related businesses – big and small – are in desperate need of access to capital & the banking system in order to operate in an efficient, safe manner & compete in the growing global cannabis marketplace.
— Rep. Ed Perlmutter (@RepPerlmutter) January 28, 2022
“The SAFE Banking Act is the best opportunity to enact some type of federal cannabis reform this year and will serve as the first of many steps to help ensure cannabis businesses are treated the same as any other legal, legitimate business,” he said. “I will continue to pursue every possible avenue to get SAFE Banking over the finish line and signed into law.”
It remains to be seen whether the America COMPETES Act will serve as a more effective vehicle for the cannabis banking bill than the National Defense Authorization Act (NDAA), where the language was successfully attached on the House side but later removed amid bicameral negotiations. Perlmutter said at the time that Senate leadership, which is working on comprehensive legalization legislation, was to blame for the decision to remove his amendment from the proposal.
The new SAFE Banking Act amendment will still need to be made in order by the House Rules Committee in order to be formally be considered on the House floor when the body takes up the research and innovation package. The deadline to file amendments was Friday, and the panel is set to take them up starting on Tuesday.
Even some Republicans are scratching their heads about how Democrats have so far failed to pass the modest banking reform with majorities in both chambers and control of the White House. For example, Rep. Rand Paul (R-KY) criticized his Democratic colleagues over the issue last month.
In the interim, federal financial regulator Rodney Hood—a board member and former chairman of the federal National Credit Union Administration (NCUA)—recently said that marijuana legalization is not a question of “if” but “when,” and he’s again offering advice on how to navigate the federal-state conflict that has left many banks reluctant to work with cannabis businesses.
Ohio Lawmakers Will Be Forced To Consider Marijuana Legalization As State Validates Activist Signatures
Ohio activists have collected enough signatures to force the legislature to take up the issue of marijuana legalization, the secretary of state’s office confirmed on Friday.
This comes about two weeks after the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) submitted a final round of signatures for the measure. The petitions’ formal validation triggers the legislative review of legalization, but it does not require lawmakers to enact the reform.
The legislature now has four months to consider the campaign’s cannabis reform proposal. Lawmakers can adopt the measure, reject it or pass an amended version. If they do not pass the measure, organizers can then collect an additional 132,887 valid signatures from registered voters to place the issue on the ballot in November.
CTRMLA previously submitted petitions for the initiative but the state said they were short some 13,000 signatures, requiring activists to go back and make up the difference.
“We are ready and eager to work with Ohio legislators over the next four months to legalize the adult use of marijuana in Ohio,” CTRMLA spokesman Tom Haren said in a press release. “We are also fully prepared to collect additional signatures and take this issue directly to voters on November 8, 2022, if legislators fail to act.”
The measure that lawmakers will be required to consider would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).
A Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”
The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of enactment.
The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.
Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.
Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”
With respect to social equity, some advocate are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, it does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.
Ohio voters rejected a 2015 legalization initiative that faced criticism from many reform advocates because of an oligopolistic model that would’ve granted exclusive control over cannabis production to the very funders who paid to put the measure on the ballot.
Activists suspended a campaign to place another measure on the 2020 ballot due to the coronavirus pandemic.
Aside from the new voter initiative, state lawmakers from both parties are separately working to advance marijuana reform.
A legalization bill that was the first of its kind to be introduced in the Ohio legislature last year would legalize the possession, sale and cultivation of cannabis by adults. It’s being championed by Reps. Casey Weinstein (D) and Terrence Upchurch (D).
A pair of Ohio Republican lawmakers similarly filed a bill to legalize marijuana in the state in December. Reps. Jamie Callender (R) and Ron Ferguson (R) first announced their plan to push the legislative reform proposal in October and circulated a co-sponsorship memo to build support for the measure.
There are also additional local reform efforts underway in Ohio for 2022.
After voters in seven cities approved ballot measures to decriminalize marijuana possession during last November’s election—which builds on a slew of previous local reforms in the state—campaigns are now looking to enact decriminalization in Marietta, Rushville, Rutland, Shawnee, McArthur and Laurelville.
Ohio marijuana activists already successfully proved that they turned in enough valid signatures to put a local decriminalization initiative before Kent voters after having missed the 2021 ballot due to a verification error on the part of county officials. That measure is now expected to go before voters this November.
Top Federal Drug Official Says Marijuana Use ‘Stable’ Among Youth At Prohibitionist-Hosted Panel Sponsored By D.A.R.E.
A top federal drug official participated in a panel hosted by a prohibitionist group and sponsored by D.A.R.E.—and she again reiterated that data shows youth marijuana use has remained stable “despite the legalization in many states.”
While National Institute on Drug Abuse (NIDA) Director Nora Volkow expressed concerns about certain cannabis trends related to potency, commercialization and use by pregnant women, she affirmed that surveys funded by her own federal agency have demonstrated that adolescent marijuana use is “stable,” despite repeated arguments from prohibitionists that legalization would lead more young people to experiment with cannabis.
The event was hosted by Smart Approaches to Marijuana (SAM), an anti-legalization group. SAM President Kevin Sabet and the organization’s co-founder former Rep. Patrick Kennedy (D-RI) led the discussion.
“The higher the content of THC, the greater the likelihood that you will become addicted to the drug… The content of THC has gone up at least 4-fold.”
– Dr. Nora Volkow, M.D., Director of the National Institute on Drug Abuse (NIDA)
— SAM (@learnaboutsam) January 28, 2022
Sabet said that data on youth use has showed varying results in states that have legalized cannabis and asked Volkow to weigh in on the issue. She replied that federal data “have not been able to see large differences in terms of prevalence” of cannabis consumption among young people in legal and non-legal states.
The official made similar comments in an interview with Marijuana Moment late last year.
That said, Volkow said that they have seen some differences when it comes to consumption rates among adolescents for edible cannabis products.
“But the effects are not large, and one of the things that also certainly surprised me [is] the rate overall, the prevalence rates of marijuana use among teenagers, have been stable despite the legalization in many states,” she said, adding that there are some concerns about increased frequency of use and limitations in data collection with respect to dosages being taken.
Volkow also commented on a recent federally funded survey that found illicit drug use by young people has taken a significant plunge in the last year, though she largely attributed that to the reduced social interaction resulting from COVID-19 policies across the country.
“Interestingly what we’ve observed during the COVID pandemic is, across schools in the United States, the prevalence of drug use has gone down,” she said, “which likely very much reflects the fact that kids don’t have the opportunity to interact with others, and drug taking at that stage is a peer pressure behavior.”
The official also briefly addressed the fact that she feels criminalizing people over drugs in the first place is the wrong policy approach—a point she’s made repeatedly in interviews and blog posts.
She said that “criminalization has created a system for that allows a structural racism to be implemented, you can control people, and that’s a horrible policy. This criminalization actually opens up our eyes that well, yes, we need to change that.”
However, she said that “liberalizing and making the drugs widely available, with no counter messaging,” is not the alternative she would recommend.
“We need to provide them [addicts] with treatment, so just to say ok we are going to liberalize everything… and not support treatment for those people under those conditions, I actually think it is quite irresponsible.”
– Dr. Nora Volkow, M.D., Director of NIDA
— SAM (@learnaboutsam) January 28, 2022
While the SAM-hosted event did not touch specifically on psychedelics policy, Volkow has also recently discussed that issues, especially as data has shown an increase in use of the substances among adults.
She said people are going to keep using substances such as psilocybin—especially as the reform movement expands and there’s increased attention being drawn to the potential therapeutic benefits—and so researchers and regulators will need to keep up.
Volkow also mentioned that NIDA is “pleased” the Drug Enforcement Administration recently announced plans to significantly increase the quota of certain psychedelic drugs to be produced for use in research.
Photo courtesy of Philip Steffan.