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Bernie Sanders Plan Pledges Immediate Marijuana Descheduling Through Executive Action

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Sen. Bernie Sanders (I-VT) is pledging to use executive action to deschedule marijuana within the first 100 days of his administration if he is elected president.

In a cannabis reform plan released on Thursday at 4:20 PM EST, the 2020 Democratic presidential candidate said removing cannabis from the Controlled Substances Act would be the first step, but that he’d simultaneously press Congress to make legalization a permanent policy through legislation.

The senator said he will nominate an attorney general, Drug Enforcement Administration administrator and Health and Human Services secretary, “who will all work to aggressively end the drug war and legalize marijuana.” Once the attorney general is confirmed, Sanders will issue the executive order to deschedule cannabis.

Sanders, who became the first major presidential candidate to endorse legalization during his last campaign and filed the Senate’s first-ever cannabis descheduling bill in 2015, is expanding on his vision for what a legal cannabis model should look like.

“It is time to admit the criminalization of marijuana was a disaster, especially for communities of color, and allow those most impacted to move forward with their lives,” the plan states. “Our job now is to legalize marijuana and vacate and expunge past marijuana convictions, and ensure that revenue from legal marijuana is reinvested in communities hit hardest by the War on Drugs.”

There are several unique proposals included in the new plan. To mitigate the influence of large corporate marijuana firms, the senator wants to enact market and franchise caps. Tobacco companies would be prohibited from participating in the legal industry.

“Big Tobacco is already targeting the marijuana industry for its profits,” the plan reads. “As president, Bernie will not allow marijuana to turn into Big Tobacco.”

Additionally, Sanders said the government would provide resources “for people to start cooperatives and collective nonprofits as marijuana businesses that will create jobs and economic growth in local communities.”

People who’ve been incarcerated for cannabis offenses or who are from communities that have been disproportionately impacted by the drug war would be prioritized to benefit from legalization under the senator’s plan. That includes reinvesting cannabis tax revenue into such communities, setting aside $20 billion in grants to provide access to capital to marginalized individuals and stimulating business in areas hit hardest under prohibition.

The plan also calls for the creation of a $10 billion grant program under the U.S. Department of Agriculture (USDA) to help marginalized individuals start rural and urban cannabis farms “to ensure people impacted by the war on drugs have access to the entire marijuana industry.”

“These grants will be used for design, technical assistance, purchasing equipment, installing infrastructure and more,” the plan says.

Sanders also wants to establish a national system to certify organic marijuana “to give consumers the information they need to make an informed decision” and to ensure “marijuana farmers are paid a fair price for their products with tools like supply management and reserves and transition toward a parity system to guarantee marijuana farmers a living wage.”

USDA would also be involved in establishing “safety inspection and quality control processes for growers and producers.”

Another provision concerns expungements, and it is modeled after California’s cannabis program. Sanders will order federal and state law authorities to review data on marijuana convictions and then clear the records for those cases. Individuals would be able to reach out to their state governments to ensure their case is being reviewed, and if after two years there’s no action, the plan would provide an “administrative remedy.”

It’s not clear what powers the senator would have to direct state action with respect to the cannabis conviction review proposal, but it’s possible it would involve withholding certain federal funds to penalize states that don’t comply. Sanders also wants to proactively provide funding for states and cities “to partner with organizations that can help develop and operate the expungement determination process, much like how California worked with Code for America.”

The senator said he would also “revitalize” the clemency process by creating an independent White House clemency board that would presumably help streamline the identification of eligible federal marijuana cases.

Further, Sanders said he would eliminate drug testing requirements for individuals applying for or receiving public benefits, and he’d ensure that people don’t lose federal housing assistance over cannabis. Under the plan, immigrants would not be denied entry to the use or face deportation because of marijuana.

“The legalization of marijuana is a once in a lifetime opportunity to get federal policy right from the start,” Madisen Saglibene, executive director of Nevada NORML, said in a press release. “The plan released today by Senator Sanders would end prohibition and address the harms that have been inflicted on generations of Americans under its racially disproportional enforcement.”

“His plan would provide real economic prosperity in the emerging legal marketplaces for those who have had to carry the burden of incarceration or a criminal record due a substance that is now legally generating millions in Nevada each year,” she said.

This latest proposal builds on a criminal justice reform plan Sanders released in August. That plan also called for legalization, expungements and reinvesting in communities most hurt by the drug war. And it included the establishment of safe consumption facilities where individuals could use illicit drugs under medical supervision in order to prevent overdoses and encourage people to seek treatment.

But while Sanders is a longstanding champion of marijuana reform and advocate for harm reduction programs, he’s declined to back broader decriminalization of drug possession, a stance being taken by a growing number of his rivals for the Democratic nomination. During an interview on Joe Rogan’s podcast in August, the senator pushed back against arguments in favor of legalizing and regulating drugs beside marijuana.

Sanders also first floated the idea of exercising executive action to legalize cannabis during the Rogan appearance.

He congratulated Canada last week on the first anniversary since the country implemented a legal cannabis market, stating that “Vermont shares a border with Canada, and as far as I can tell, the sky has not fallen and the cities have not plunged into anarchy on the other side.”

Former Rep. Beto O’Rourke (D-TX) also released a drug policy reform plan on Thursday, proposing to decriminalize possession of all drugs and establish safe injection sites and needle exchange programs in his plan. South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI) are also in favor of the decriminalization policy, and entrepreneur Andrew Yang wants to remove criminal penalties for use and possession of opioids.

Beto O’Rourke Calls For Drug Decriminalization And Safe Injection Sites In New Plan

Photo courtesy of Phil Roeder.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Oregon Psilocybin Initiative Gets Boost From New TV Ad But Draws Opposition From Unlikely Source

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An Oregon ballot initiative to legalize psilocybin for therapeutic purposes is getting a boost from a nonprofit veterans group’s new TV ad. But meanwhile, the campaign is seeing pushback from an unexpected source.

On the one side, the Heroic Hearts Project—which helps connect veterans to entheogenic-based healing and provides complementary counseling—is airing an advertisement in the state that highlights the therapeutic potential of taking psilocybin in a clinical setting.

The 30-second spot doesn’t explicitly mention the reform measure that will appear on Oregon’s November ballot, but it could help inform how voters approach that question when they head to the polls nonetheless. According to the group, it will play on television frequently enough that the average viewer should see it about seven or eight times.

Here’s the script of the ad: 

“As a scientist, I’m impressed by the research. Major universities findings show psilocybin therapy can be effective for depression and anxiety.

It’s plant medicine [the Food and Drug Administration] calls breakthrough therapy, meaning it can be an improvement over available options.

The psilocybin therapy program: Research-based with patient safety top of mind, strictly regulated.

We’re in a mental health crisis. The science is real, the restrictions smart. Psilocybin therapy: Healing, providing hope.”

Heroic Hearts Project is largely focused on the plant ayahuasca. But the group says psilocybin is another treatment option that’s shown promise in mitigating symptoms of post-traumatic stress disorder.

“In Oregon and across the country there has been a big decriminalization movement, there’s been a big push to do similar to what we’re doing but also allow for access within the U.S. because there’s a lot of people that understand the power and the efficacy of these treatments,” Jesse Gould, founder of the organization, told Marijuana Moment.

“Within Oregon, there is this historic opportunity where they’re trying to create licensed and regulated psilocybin and therapy—and there’s a lot of veterans in Oregon—so just having that availability of it in a place that they can rely on, that they know it’s safe, is a tremendous value to the veterans in Oregon,” he said. “I think it will also be a model for other states and other localities to adopt it.”

Again, the ad doesn’t explicitly promote the psilocybin legalization initiative that will appear on Oregon’s November ballot—but there has been a strong push from a wide range of experts and advocates to pass the historic measure. The Oregon Democratic Party also formally endorsed the psychedelic therapy proposal earlier this month.

“Oregonians are suffering from the most severe mental health crisis in the country,” Sam Chapman, campaign manager for the psilocybin measure, told Marijuana Moment. “We know that if we want to help terminally ill cancer patients, veterans, and so many others who are struggling to combat depression and anxiety due to COVID, we need a licensed and regulated system that people can trust.”

But while these developments could help bolster the campaign, there’s also been surprising dissent from certain psychedelics reform advocates who argue that the proposed legal therapeutic model for psilocybin would threaten equitable access to entheogens.

Decriminalize Nature (DN), the group advancing a localized psychedelics decriminalization movement across the country, is urging Oregonians to vote “no” on the initiative.

“M109 threatens equitable access by not ending the prohibition of personal use and establishing supremecy [sic],” DN said in a tweet.

The group’s Portland chapter, which said earlier this year that it would pursue psychedelics decriminalization through the City Council, announced last week that it’s now against the psilocybin measure and declining to endorse a separate proposal to decriminalize possession of all currently illicit drugs and fund treatment services that will also appear on the state’s ballot.

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Decrim Nature Oregon Groups Encourage No on M109 Oregon Psilocybin Services Measure . . DN Nature lovers, When Oregon first created it’s statewide initiative, decriminalization language was included and all signatures were accounted for. After a sizeable donation, the #Oregon Psilocybin Service measure removed the decriminalization language thereby continuing the prohibition of psilocybin mushroom gathering, growing, or having an experience in the safety of one’s own home. Negotiations broke down with the key sponsor of this initiative last week to ensure the protection of equitable access to entheogenic plants for the most vulnerable. M109 threatens this due to sections that do nothing to end the prohibition of personal use and also establishes statewide supremacy. Therefore, Decrim Nature groups in Oregon are taking a No position on the Oregon Psilocybin Service measure. In solidarity with our local groups in Oregon, we share this with our DN network.

A post shared by Decriminalize Nature (@decriminalizenature) on

DN Portland said they are “advocating that all people who care about ensuring access to entheogenic medicines for all people regardless of financial status, those who care about protecting these medicines from the profit motives of capital, and those who wish to see big money removed from the equation of psychedelic medicines.”

David Bronner, CEO of the soap company Dr. Bronner’s, has helped finance a slew of marijuana and psychedelics reform campaigns for years, including the psilocybin legalization initiative. Private messages that DN decided to release show the executive expressing concern about certain internal politics within the movement, including disputes between DN and the Indigenous Peyote Conservation Initiative about including peyote within the scope of decriminalization measures.

In a blog post, he wrote that Dr. Bronner’s “is fully committed to the Decriminalize Nature (DN) movement, but have recently lost faith in its national leadership.” Regardless, “we still fully support regional DN campaigns such as DC’s effort to decriminalize plant medicines.”

In turn, DN alleged that Bronner “is resorting to divide and conquer tactics to control the Decriminalize Nature movement. ”

Under the Oregon psilocybin ballot measure, adults would be able to access the psychedelic in a medically supervised environment. There aren’t any limitations on the types of conditions that would make a patient eligible for the treatment.

Rep. Earl Blumenauer (D-OR) told Marijuana Moment in January that he was in favor of the psilocybin reform proposal and that he would be working to boost the campaign as the election approaches. Last month, he wrote in an email blast that passing the measure is necessary “because it tackles an important issue in our community, mental health, and it does so in an innovative and responsible way.”

The campaign behind the separate drug decriminalization and treatment funding initiative recently released its first ad urging Oregonians to support it.

Montana Marijuana Legalization Initiative Endorsed By Environmental Conservation Groups

Photo courtesy of Wikimedia/Mushroom Observer.

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Colorado Governor Grants Thousands Of Marijuana Pardons With New Clemency Powers

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The governor of Colorado on Thursday signed an executive order granting nearly 3,000 pardons for people convicted of possession one ounce of less of marijuana.

Pursuant to a new law that he signed in June, Gov. Jared Polis (D) made the pardons on the first day the policy took effect. While the law gives him authority to grant clemency for cases of possession of up to two ounces, his office explained that he limited it to one ounce because that’s the legal possession limit under Colorado’s cannabis program.

“We are finally cleaning up some of the inequities of the past by pardoning 2,732 convictions for Coloradans who simply had an ounce of marijuana or less,” Polis said in a press release. “It’s ridiculous how being written up for smoking a joint in the 1970’s has followed some Coloradans throughout their lives and gotten in the way of their success.”

Convictions impacted by the governor’s action range from those that took place in 1978 though 2012.

“Too many Coloradans have been followed their entire lives by a conviction for something that is no longer a crime, and these convictions have impacted their job status, housing, and countless other areas of their lives,” he added. “Today we are taking this step toward creating a more just system and breaking down barriers to help transform people’s lives as well as coming to terms with one aspect of the past, failed policy of marijuana prohibition.”

The new law allows the governor to use his clemency power for cannabis offenses without consulting with prosecutors and judges involved in the cases, as is typically required under statute.

“For the individuals pardoned in this Executive Order, all rights of citizenship associated with the pardoned conviction are restored in full without condition,” the order states. “All civil disabilities and public sufferings associated with the pardoned conviction are removed.”

People who are eligible for the pardons don’t have to do anything to clear their own records; it’s automated, and individuals can check a website to see if they’ve been processed.

Those who have municipal marijuana convictions, or who were arrested or given a summons, don’t qualify for the pardon. The action only applies to state-level convictions.

A frequently asked questions document states that while Polis has declined for now to use the full extend of his pardon power by applying it to people with convictions of up one to two ounces, the “administration will continue to evaluate” cases that could receive clemency. A representative from the governor’s office did not immediately respond to a question from Marijuana Moment about whether plans are imminent to expand the pardon pool.

The governor’s action also calls on the state Department of Public Health to “develop a process to indicate on criminal background checks which individuals’ convictions have been pardoned pursuant to this Executive Order.”

Colorado isn’t alone in pursuing opportunities to enact marijuana-focused restorative justice policies.

In June, more than 15,000 people who were convicted for low-level marijuana possession in Nevada were automatically pardoned under a resolution from the governor.

The governors of Washington State and Illinois have both issued pardons for cannabis offenses since their states legalized the plant.

Polis told Westword that beyond the practical benefits of having these records cleared, the move is “also symbolically important, because it shows that as a state and nation, we’re coming to terms with the incorrect discriminatory laws of the past that penalized people for possession of small amounts of marijuana.”

Marijuana Arrests Decline Nationally For First Time In Four Years, FBI Data Shows

Photo courtesy of Martin Alonso.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Marijuana Arrests Decline Nationally For First Time In Four Years, FBI Data Shows

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Marijuana arrests in the U.S. declined in 2019 for the first time in four years, a new federal report shows.

While many expected the state-level legalization movement to reduce cannabis arrests as more markets went online, that wasn’t the case in 2016, 2017 or 2018, which each saw slight upticks in marijuana busts year-over-year. But last year there was a notable dip, the data published this week shows.

There were a total of 545,601 marijuana arrests in 2019—representing 35 percent of all drug arrests—according to FBI’s Uniform Crime Reporting program. That’s down from 663,367 the prior year and 659,700 in 2017.

Via FBI.

Put another way, police across the country made a cannabis bust every 58 seconds on average last year. Of those arrests, 500,394 (92 percent) were for possession alone.

“A decline in cannabis related arrests is better than seeing an increase for a fourth year in a row, but the amount of these arrests is still abhorrent,” Marijuana Policy Project Executive Director Steve Hawkins told Marijuana Moment. “There is no reason to continue punishing adults for consuming a substance that is less harmful than alcohol. Arresting adult cannabis consumers has a dramatically disproportionate impact on communities of color, is a massive waste of law enforcement officials’ time and resources and does nothing to improve public health or safety.”

Overall, arrests for drug sales, manufacturing and possession amounted to 1,558,862 for the year—approximately 15 percent of all busts reported to FBI from local and state law enforcement agencies. That’s one new drug case every 20 seconds.

Before 2016, the country had seen a consistent decline in marijuana arrests for roughly a decade. It should be noted, however, that not all local police participate in the federal agency’s program, so these figures are not holistic.

Nonetheless, this data shows that American law enforcement carried out more arrests for marijuana alone than for murder, rape, robbery, burglary, fraud and embezzlement combined.

“At a time when a super-majority of Americans support marijuana legalization, law enforcement continues to harass otherwise law abiding citizens at an alarming rate,” NORML Political Director Justin Strekal told Marijuana Moment. “Now is the time for the public to collectively demand that enough is enough: end prohibition and expunge the criminal records to no longer hold people back from achieving their potential.”

While there’s no solitary factor that can explain the recent downward trend in cannabis cases, there are one-off trends that could inform the data. For example, marijuana possession arrests fell almost 30 percent in Texas from 2018 to 2019, and that seems to be connected to the legalization of hemp and resulting difficulties police have had in differentiating the still-illegal version of the cannabis crop from its newly legal non-intoxicating cousin.

At the federal level, prosecutions for marijuana trafficking declined in 2019, and drug possession cases overall saw an even more dramatic decline, according to a report published by the U.S. Sentencing Commission in March.

Federal prosecutions of drug-related crimes increased in 2019, but cases involving marijuana dropped by more than a quarter, according to an end-of-year report released by Supreme Court Chief Justice John Roberts in December.

A study released by the Cato Institute in 2018 found that “state-level marijuana legalization has significantly undercut marijuana smuggling.

Mixed Arizona Marijuana Polls Raise Questions About Legalization Ballot Measure’s Prospects

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