Two members of a criminal justice task force organized by presumptive Democratic presidential nominee Joe Biden and former rival Sen. Bernie Sanders (I-VT) recently discussed why they feel the criminalization of marijuana is an untenable policy, with one—a former U.S. attorney general—suggesting that even drugs such as opioids and cocaine should be removed from the criminal justice system’s purview.
Another member, who is also a former federal prosecutor, argued that the former vice president’s proposal to decriminalize marijuana is insufficient and should be replaced with a call for broader cannabis legalization.
Former Attorney General Eric Holder said in a C-SPAN appearance last week that racial disparities in drug enforcement have long been a problem, and the solution is to treat such offenses as a public health issue rather than a criminal justice one.
“Think about the crack epidemic and how we dealt with it there. We made it a criminal justice problem, we prosecuted people, we put people in jail,” he said. “Now we’re dealing with the opioid situation and now we’ve declared it—and I think correctly so and I’m not saying this is wrong—but we declared it a public health problem. Two different bodies of people—people perceived as being involved in crack, the use of crack and the use of opioids. It’s a racial component there.”
“I’d like to be able to take out of the system those kinds of determinations and to put law enforcement in places that are needed. But we tend to, again, because of implicit biases, deploy law enforcement to a much greater degree in African American communities and communities of color, which results in disparity when it comes to arrest rates.”
Holder said cannabis represents another example of the problem because “African Americans and whites use marijuana at roughly the same levels, yet you’re four times more likely to go to jail using marijuana if you are a person of color, if you’re black as opposed to if you’re white.”
“If I could change anything, I’d want to take all of that stuff out of the system,” he said. “I think we have the possibility now, given all the protests that we have seen.”
While Holder didn’t explicitly use the words “legalization” or “decriminalization” to describe his views on how drugs should be handled, those polices would generally be implicated when taking them “out of the system” of law enforcement. The former attorney general has previously said he would vote to legalize marijuana if he were in Congress, though he declined to reclassify the drug under federal law when he had the power to do so during his time leading the Justice Department.
Watch Holder discuss marijuana and drug policy below:
In an interview with NPR that was published last week, another member of the Biden-Sanders task force, former federal prosecutor Chiraag Bains, said that while he’s encouraged that Biden has made modest evolutions in his criminal justice platform, “we need a specific agenda and it needs to be bold.”
“I do see that the vice president is moving that direction,” he said. “I just think we need to do more.”
Ideally, “more” will involve Biden moving past his opposition to marijuana legalization and embracing the policy change ahead of the November election. At this stage, the presumptive nominee has stopped short of backing the reform move despite its popularity, particularly among Democratic voters. Instead, he’s proposed decriminalizing cannabis possession, federally rescheduling it, expunging prior records, legalizing medical use and letting states set their own policies.
Bains, who was appointed to the task force by Sanders, said that mere decriminalization doesn’t prevent some of the systemic issues that marijuana prohibition has created.
“Decriminalization typically means that you don’t have a criminal penalty, but you could still be issued a civil fine. And then there are other kinds of consequences that could follow from that,” he said. “It’s still illegal conduct. If possession of marijuana is just decriminalized and that is the hook for extensive police involvement in people’s lives, and if you haven’t addressed the underlying systemic problems in policing and the justice system overall, then people could continue to be stopped and searched and frisked and so forth.”
It’s not clear whether the task force will formally recommend that Biden adopt a pro-legalization platform—or if he would accept that recommendation even if they did. Pressed repeatedly on the issue, Biden has continued to argue that more research should be done before enacting broad reform.
He also recently indicated that his personal experience knowing individuals who consume cannabis has not convinced him that the plant should be legal for recreational use.
But it is the case that a majority of members on the task force favor legalization—something his former primary rival Sanders has long advocated for.
Biden’s campaign could feel additional pressure to have the candidate back legalization to push back against the image of him as an architect of punitive anti-drug laws that disproportionately impacted communities of color. Biden’s record as a senator who authored bills further criminalizing drugs is being leveraged by the Trump campaign, which is attempting to cast the incumbent president as the criminal justice reform candidate.
For the time being, the former vice president is stuck in a criminal justice rut. On the one hand, progressives lament that he’s maintaining opposition to policies like cannabis legalization and defunding the police. On the other hand, conservatives are attempting to tie him directly to the so-called “radical left” despite the fact that he’s made clear he’s not willing to meet their demands.
Last week, for example, Biden said $300 million should be invested in law enforcement for community policing training at a time when protestors are calling for defunding. He also renewed his call for mandatory drug rehabilitation as an alternative to incarceration for drug offenses.
“We must remain vigilant of alternate ways the state can inflict violence on marginalized communities,” Maritza Perez, director of national affairs for Drug Policy Action, said in a press release on Thursday. “One of those ways is through mandating people to receive treatment they do not want. Many of the same constructs that led to mass criminalization and incarceration are behind involuntary and coercive treatment, including racism, stigmatization, ableism, and profit over people.”
“Involuntary and coercive treatment are billed as the solution to the problem of people who are unwilling to enter treatment,” she said. “The root problem, however, is systematic inequality and lack of access to the resources, including attractive evidence-based substance use disorder treatment, that help people to live healthy, self-sufficient lives. Biden’s proposal ignores this and is merely an extension of our country’s punitive approach to drug use.”
Michigan Prosecutor Won’t Pursue Psychedelics Possession Cases Following Local Decriminalization Vote
A soon-to-be county prosecutor in Michigan said his office will not be pursuing psychedelics possession cases following a City Council vote to decriminalize entheogenic substances in Ann Arbor.
Eli Savit, who won in a three-way Democratic primary for Washtenaw County prosecutor last month and is running unopposed in the general election, said in a statement to the advocacy group Decriminalize Nature Ann Arbor that he supports the measure and will extend the policy county-wide, rather than just at the city level.
“I support the decriminalization of entheogenic plants. I believe the War on Drugs has been an abject failure, and I see no reason to criminalize—or prosecute—people for their use of such plants,” he said. “That was my position before the Ann Arbor City Council resolution, and it’s true with even greater force afterwards.”
The official, who campaigned on a pro-reform platform, said that drug criminalization has “created a cruel roulette wheel of sorts” and “it’s a weighted wheel, as the data clearly shows that Black people and people of color are far more likely to face criminal consequences related to drug use than white people.”
“The Ann Arbor City Council resolution of course applies only in Ann Arbor,” he said. “But, consistent with the resolution, I do not plan to prosecute the use or possession of entheogenic plants in any other part of the county.”
The unanimous City Council vote earlier this month made Ann Arbor the third city in the U.S. to make it so enforcement of laws against a wide range of psychedelics such as psilocybin, ibogaine and ayahuasca are among the lowest police priorities. Oakland was the first to do so, followed by Santa Cruz. Washington, D.C. could be next, as activists successfully placed the issue on the November ballot.
The broader reform movement kicked off in earnest shortly after Denver voters approved a measure last year focused on decriminalizing psilocybin.
Savit’s support for the Ann Arbor policy change stands out as an example of how the messaging behind these local reforms can have an impact beyond the individual jurisdiction it directly applies to.
“While we were not surprised, we were absolutely thrilled to find out that Eli Savit supports the DNA2 resolution! This left us feeling very hopeful for the future of our county,” Julie Barron, chair of Decriminalize Nature Ann Arbor, told Marijuana Moment. “Mr. Savit spoke extensively during his campaign about ending the war on drugs. It is great to know that he will continue this promise to the county with an action plan not to prosecute the possession and use of entheogenic plants/fungi.”
“We have a strong drug reform advocate here, and we cannot wait for him to take his position of Washtenaw County Prosecutor,” she said.
Several other prosecutors have similarly enacted policy changes to avoid low-level marijuana cases. For example, the top cop in Fairfax County, Virginia said in January that he “directed my office to dismiss prosecutions of adults for simple possession of marijuana.”
The top prosecutor in Baltimore is proactively closing warrants and dismissing hundreds of cases for certain offenses, including simple drug possession, that her office is no longer pursuing amid the coronavirus pandemic.
Montana Marijuana Legalization Initiative Endorsed By Environmental Conservation Groups
Montana activists behind a marijuana legalization initiative are being backed by a uniquely “Big Sky Country” coalition: environmental conservation groups.
The state—widely known for its public lands and parks that attract tourists from across the country—would see a significant influx of revenue for environmental conservation programs from cannabis taxes if the legalization measure passes in November. Half of the public revenue from marijuana sales would be earmarked for such purposes.
Organized by the legalization campaign New Approach Montana, a new Public Lands Coalition (PLC) is comprised of four conservation organizations, including the Montana Conservation Voters and Montana Wildlife Federation.
“All Montanans share the values of open space, as Montanans we collectively own and steward some of the most special places on earth. We are in fact, the Last Best Place, and that’s a central part of our identity as Montanans,” Pepper Petersen, political director for New Approach Montana, told Marijuana Moment.
“The allocations in I-190 reflect our values as Montanans and you see that in the initiative,” he said. “Montanans know that marijuana revenue should be invested wisely, and our public lands in Montana are a great investment.”
The group said in an op-ed published in The Missoulian newspaper on Sunday that there is currently $60 million in “unmet conservation needs in Montana” for services such as “funding for landowners who want to offer access for hunting and fishing.” Legalizing cannabis could help fill that gap, the coalition said.
“In order to continue to offer Montanans and our millions of guests an experience worth coming back for, we need to invest in our public lands,” PLC, which also includes Wild Montana Action Fund and the Trust for Public Land, wrote. “A vote for 118 and 190 is a vote to maintain and create trails, protect land for wildlife, and fund our state parks.”
The new coalition’s website says that legalization “would provide more than $18 million per year to benefit our public lands; both maintaining current access and opening up new opportunities for recreation.”
“These additional funds would help to address the state’s backlog of repairs to campgrounds, trails, wildlife habitat, opening access and increasing maintenance on our public lands,” the groups said.
Interestingly, the campaign is also making the case that legalizing federally illegal cannabis on the state level will help open up access to additional federal funding.
“The Land and Water Conservation fund is the largest piece of federal funding for our public lands. Now that the LWCF is fully and permanently funded, there are $900 million federal dollars per year that can be leveraged with matching state resources,” the coalition website says. “Tax revenue from I-190 could allow Montana to access more of this funding through matched federal grants. Montana should take every opportunity to use this money, and I-190 represents a golden opportunity to do so.”
There will be two separate marijuana measures on the state’s November ballot.
One initiative, a statutory change, would create a system of legal cannabis access for adult-use. A separate constitutional amendment would ensure only those 21 and older can participate in the market.
If the statutory measure is approved by voters, possessing up to an ounce of cannabis would be allowed, and people could cultivate up to four plants and four seedlings at home.
The Montana Department of Revenue would be in charge of regulating the legal industry and would issue business licenses by January 1, 2022. Existing medical cannabis businesses would be first in line to enter the adult-use market.
There would be a 20 percent sales tax on recreational marijuana, while the tax on medical cannabis products would be reduced from two to one percent. Besides public land funding, those tax dollars would also go toward veteran services, substance misuse treatment, health care, local governments that allow cannabis businesses and the state general fund.
“We are excited to have the support of our neighbors and friends from the PLC,” Petersen said. “Countless Montanans will continue to enjoy this special place because of the funding I-190 is creating and because of the hard work of the folks like those who make up the Public Lands Coalition who believe and invest in Montana’s public lands and waters.”
Montana voters approved a medical cannabis legalization initiative in 2004 and later passed a 2016 expansion measure.
For the current cycle, New Approach Montana submitted their petitions for the cannabis initiatives in June. That came after they initially suspended signature gathering activities amidst the coronavirus pandemic, which they later relaunched with social distancing measures in place.
In July, the group announced that data from county officials indicated they would make the ballot. And in August, state officials officially qualified the measures.
The Montana Democratic Party adopted a platform plank endorsing marijuana legalization in June.
Photo courtesy of Chris Wallis // Side Pocket Images.
House Democrats Keep Marijuana Banking Protections In Revised COVID Bill After Delaying Legalization Vote
A slimmed-down coronavirus relief bill that House Democrats released on Monday again includes marijuana banking protections.
Despite pushback from GOP lawmakers who challenged the germaneness of including the cannabis language in a prior version that the House approved in May, the text of the Secure and Fair Enforcement (SAFE) Banking Act was again inserted into the new legislation. It could get a floor vote as early as this week—and that would mark the third time the chamber has taken up the banking measure in some form in the past year.
The SAFE Banking Act would protect financial institutions that service state-legal marijuana businesses from being penalized by federal regulators, and on its own has significant bipartisan support. But its inclusion in the COVID-19 relief legislation was widely criticized by Republicans who insisted that it was part of an expansive Democratic wishlist of items not related to the health crisis.
Senate Majority Leader Mitch McConnell (R-KY) has been particularly critical of the House proposal, specifically taking issue with industry diversity reporting provisions of the SAFE Banking Act, for example. Other vocal opponents include Vice President Mike Pence and Sens. James Lankford (R-OK) and John Kennedy (R-LA).
The Senate did not add cannabis banking language to its own version of COVID relief legislation filed in July.
“We appreciate that Democratic leadership is standing firmly behind the bipartisan SAFE Banking Act, despite some Republicans in Congress preferring to treat this public safety issue like some kind of comic relief,” Steve Fox, president of VS Strategies, told Marijuana Moment. “Far from being non-germane, the pandemic has only underscored the importance of this legislation.”
“At a time when businesses all across the country are relying on electronic transactions to protect public health, cannabis businesses are being forced to exchange currency. This bill is timely and necessary,” he said.
A summary of the banking provision prepared by House leaders states that it would “allow cannabis-related legitimate businesses, that in many states have remained open during the COVID-19 pandemic as essential services, along with their service providers, to access banking services and products, as well as insurance.”
Notably, the document highlights the diversity reporting language that some Republicans have slammed, signaling that Democrats are not shying away from those components despite the criticism. It explains that the legislation “requires reports to Congress on access to financial services and barriers to marketplace entry for potential and existing minority-owned cannabis-related legitimate businesses.”
Advocates, stakeholders and lawmakers have argued that providing marijuana banking protections will mitigate the spread of the coronavirus by making it so cannabis businesses don’t have to rely on cash transactions. House Speaker Nancy Pelosi (D-CA) said she agrees that the measure is an appropriate component of the bill.
“The inclusion of the SAFE Banking Act in the HEROES 2.0 package is a positive development,” NORML Political Director Justin Strekal said. “In the majority of states that regulate the marijuana marketplace, cannabis businesses have been deemed essential during this pandemic.”
“Unfortunately, at the federal level, prohibition compounds the problems that this emerging industry faces,” he said. “Small cannabis businesses in particular are facing tough economic times and access to traditional financial tools will help ensure that they can weather this pandemic.”
While the incremental reform measure would help alleviate financial complications in the cannabis market, news that House Democrats opted to stick to their guns on the industry-focused marijuana banking legislation could frustrate advocates who were disappointed when the chamber’s leadership decided to postpone a planned vote on a comprehensive cannabis legalization and social equity bill earlier this month.
The banking provisions are generally considered industry friendly without addressing the systemic problems resulting from the war on drugs. In the past, some activists have made the case that lawmakers should’t approve the SAFE Banking Act until marijuana is descheduled and restorative justice policies are implemented.
The House was expected to hold a floor vote on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act to federally legalize cannabis last week, but leaders announced they were delaying it after certain centrist Democrats expressed concern about the optics of advancing marijuana reform legislation without first passing additional COVID relief.
All that said, others do view the banking protections as a boon for social equity in that they would help minority-owned cannabis businesses that currently struggle to get access to capital and financial services.
“Without access to much needed capital to maintain throughout the crisis, it is possible that we could see an acceleration of the corporatization of the cannabis industry in a manner that is inconsistent with the values and desires of many within the cannabis space,” Strekal said. “Enactment of the SAFE Banking Act would ensure that small businesses could compete in this emerging marketplace.”
In July, bipartisan treasurers from 15 states and one territory sent a letter to congressional leadership, urging the inclusion of the SAFE Banking Act in any COVID-19 legislation that’s sent to the president’s desk. Following GOP attacks on the House proposal, a group of Democratic state treasurers renewed that call.
The House last year approved the standalone SAFE Banking Act. For months, the legislation has gone without action in the Senate Banking Committee, where negotiations have been ongoing.