Politics
Biden Should Back Marijuana Legalization If He Wants Young Voters’ Support, Advocacy Groups Say

A coalition of youth political activist groups sent a letter to former Vice President Joe Biden on Wednesday, imploring him to adopt a “bold” policy platform including issues such as marijuana legalization if he wants to make up for his deficit in support from young voters ahead of Election Day.
The organizations stressed that the 2020 Democratic presidential candidate’s pledge for a “return to normalcy” is not enticing to younger generations who “need a vision for the future, not a return to the past.”
Part of that vision, the groups said, involves “comprehensive reform of our criminal legal system.”
“End the War on Drugs and support the equitable legalization of marijuana” the letter states, referencing legislation to federally deschedule cannabis and invest in social equity that was embraced by many of Biden’s rivals for his party’s nomination.
Full letter here: https://t.co/MFkCUq23Qw
— NextGen America (@NextGenAmerica) April 8, 2020
The groupsâwhich include Justice Democrats, Sunrise Movement and IfNotNow Movementâalso want Biden, who became the presumptive Democratic nominee after Sen. Bernie Sanders (I-VT) dropped out on Wednesday, to address mass incarceration more broadly.
The letter calls on him to back policies to encourage states to reduce their prison population by 50 percent “while supporting massive investment in housing, drug treatment, diversion, education and health programs.”
The Alliance for Youth Action, March for Our Lives Action Fund, NextGen America, Student Action and United We Dream Action also signed the letter.
On legalization, the former vice president is demonstrably out of step with voters in his party, particularly young people. He’s maintained opposition to comprehensive reform, only going so far as to support medical cannabis legalization, decriminalizing possession, modest federal rescheduling, expunging prior convictions and letting states set their own laws.
In contrast, Sanders has long backed full legalization with an emphasis on benefiting communities harmed by the war on drugs, and late into his campaign he pledged to use executive action to legalize cannabis nationwide on his first day in office.
A majority of Americansâ66 percentâare in favor of legalization, according to a Gallup poll released last year. An analysis of demographic data shows that Biden’s continued support for marijuana prohibition is even more problematic. Among those 18-29, 88 percent want cannabis legalized. And for those 30-49, 71 percent are in favor of the policy change.
Electoral polling data shows that while Biden has assembled much of the “Obama coalition” that helped his former boss ascend to the presidency in 2008, his support from young voters is sorely lacking. Many Democrats believe that he will need to take big steps to shore up youth support in order to emerge victorious over President Trump in November.
Many of the Sanders supporters that Biden needs to attract have moved beyond calling for simple legalization and want to see restorative justice prioritized to not only end the drug war but ensure that people most hurt by punitive anti-drug policies, including those Biden helped enact as a senator, are recognized and helped.
Additionally, the letter argues that public college should be tuition-free and available for “all students, regardless of income, citizenship status, or criminal record.” On a related note, former presidential rival Sen. Cory Booker (D-NJ) has emphasized the need to ensure that prior drug convictions do not disqualify students from federal financial aid, and he filed a bill to that end. Last year, a House committee approved similar legislation.
“New leadership in November is an imperative for everything our movements are fighting for. But in order to win up and down the ballot in November, the Democratic Party needs the energy and enthusiasm of our generation,” the letter states. “We need you to champion the bold ideas that have galvanized our generation and given us hope in the political process.”
But it’s not enough to simply adopt the planks the groups laid outâwhich also include Medicare for All, immigration reform and a wealth tax, among other policies. They also say Biden must demonstrate that he’s willing to prioritize the issues and show “real passion for addressing them.”
“Calling for solutions that match the scale, scope, and urgency of the problems we are facing is not radical. If nothing else, this moment of crisis should show that it is the pragmatic thing to do,” the groups said. “We want results and weâre leading some of the movements that will help deliver them.”
Part of prioritizing drug policy reform should also involve appointing individuals from a younger generations to positions where they can help enact the changes. The groups recommended Philadelphia District Attorney Larry Krasner, Florida State Attorney Aramis Ayala and Equal Justice Initiative leader Bryan Stevenson to be part of a working group on criminal justice.
“Young people are highly aware of whatâs at stake in this election, and weâre organizing through thick and thin to make Donald Trump a one-term president,â NextGen America Executive Director Ben Wessel said in a press release. âBut defeating Trump means understanding that our problems are bigger than Trump alone.”
Read the youth advocacy groups’ letter to Biden:Â
Youthvote Letter to Joe Biden by Marijuana Moment on Scribd
Cory Booker Says Medical Marijuana Access Should Be Prioritized Amid Coronavirus
Photo courtesy of Flickr/Marc Nozell.
Politics
Washington Supreme Court Strikes Down Criminalization Of Drug Possession

Washington Stateâs felony penalties against drug possession abruptly disappeared on Thursday after the state Supreme Court struck down the law as unconstitutional. As lawmakers decide how to respond to the decisionâwith a bill to decriminalize all drugs having already passed a legislative committee earlier this monthâsome police departments and prosecutors have now announced theyâll no longer arrest or pursue cases against people over possession of small amounts.
Simple drug possession âis no longer an arrestable offense,â the Seattle Police Department said in a public statement following the ruling. âEffective immediately, officers will no longer detain nor arrest individualsâ merely for having drugs.
The ruling in the case, State v. Blake, applies only to possession of controlled substances. Other state drug laws, such as those against selling or driving under the influence of drugs, are unaffected.
Meanwhile, according to The Associated Press, the Washington Association of Prosecuting Attorneys sent a memo directing its members to drop ongoing drug possession cases and seek orders vacating convictions for past cases.
“While the legislature can change this prospectively (such action is doubtful), police officers must immediately stop making arrests for simple possession of drugs,” an official with the prosecutors group wrote in an email to Seattle police. “No search warrants. No detentions upon suspicion of simple possession awaiting canine units, etc.”
“You will need to advise your officers as to whether officers should still seize the unlawful drugs as contraband or leave them in possession of the individual,” the email continued.
BREAKING: @SeattlePD has been ordered to stop arresting criminals in possession of drugs.
Washington State Superior Court ruled today that arresting those in possession of drugs is âunconstitutional.â
This is the start of drug legalization in the state of WA. pic.twitter.com/nrqIOjdRVh
— Katie Daviscourtđșđž (@KatieDaviscourt) February 25, 2021
Pacific County Prosecutor Ben Haslam told The Chinook Observer that the ruling “has come as a shock to our office.”
âOn the prosecutorâs officeâs end, we are preparing to request the immediate release of individuals being held in custody only for simple-possession cases,â he said. âNext, we will have to quash all active warrants on pending possession cases. Moving forward, I expect we will be required to vacate charges for individuals previously convicted of possession, and Iâm sure there will be many other ramifications as well.â
How long Washingtonâs de facto legalization of drug possession will last is an open question. The court struck down the stateâs possession law over a single issue: the statute failed to require proof a defendant knowingly possessed the drugs, allowing people to be convicted without any intention of committing a crime.
In response, lawmakers could simply replace the old law with a new one that includes such a requirement. Or they could not.
The idea of reducing or removing criminal penalties for simple drug possession is growing in popularity, with Oregon voters recently replacing penalties for possession of any drug with a $100 civil fine or referral to a health assessment. A bill introduced in Washingtonâs legislature earlier this year would make similar changes, removing all penalties for possession of personal-use amounts of drugs and significantly expanding state funding for outreach, treatment and recovery services.
The measure, HB 1499, passed a House panel earlier this month.
âTodayâs Supreme Court decision gives renewed urgency to the conversation about our stateâs response to untreated substance use disorder,â the billâs prime sponsor, Rep. Lauren Davis (D), told Marijuana Moment late Thursday. âIt presents an opportunity to continue the discussion that was begun in the legislature this session with HB 1499.â
The court decision accomplishes only part of Davisâs proposal. While one prong of her plan would decriminalize drugs, the other would create a âcontinuum of careâ to ensure access to drug treatment and recovery servicesâsomething Thursdayâs ruling does not do.
âIt is imperative that we stop handing down felony possession convictions that compound shame and create barriers to recovery. We must stop criminalizing symptoms of a treatable brain disease. Todayâs decision does that,â Davis said. âBut that alone is insufficient. It is equally important that we build out a response to substance use disorder that truly worksâa robust and fully funded continuum of care ranging from outreach to treatment to recovery support services.â
King County Prosecuting Attorney Dan Satterberg said lawmakers should act to address the court’s action.
“While there will be a significant amount of work necessary to comply with this ruling in the courthouses throughout the state, it is equally important that the Legislature take steps now to amend this statute to correct the defect found by the Supreme Court,” he said in a statement. “The Legislature should act with a sense of urgency to add the necessary elements to make this statute constitutional this session, and not leave a defective statute on the books.”
Justices on the court werenât necessarily setting out to legalize drugs when they undertook the case that led to Thursdayâs decision. Rather than taking aim at the broader drug war, the ruling says that Washingtonâs possession law unconstitutionally allowed innocent people to be charged and convicted by failing to require that a defendant knew that drugs were in their possession.
âThe possession statute at issue here does far more than regulate drugs,â the court wrote in a majority opinion by Justice Sheryl Gordon McLoud and signed by five of the courtâs nine members. âIt is unique in the nation in criminalizing entirely innocent, unknowing possession.â
The statute would criminalize a postal carrier who delivers a package containing unprescribed Adderall, the opinion says, as well as a roommate unaware the person they live with has hidden drugs in the common areas of the home.
âA person might pick up the wrong bag at the airport, the wrong jacket at the concert, or even the wrong briefcase at the courthouse,â it continues. âOr a child might carry an adultâs backpack, not knowing that it contains the adultâs illegal drugs.â
The defendant in the case, Shannon Blake, was charged with felony drug possession after police in 2016 found a small bag of methamphetamine in the coin pocket of her jeans. Blake, however, said she didnât use drugs and was given the secondhand jeans as a gift just two days earlier.
Because Washingtonâs drug law didnât require that defendants knowingly had drugs on their person, Blake was charged and convicted.
In rendering its decision Thursday, the Supreme Court vacated Blakeâs conviction.
The court’s prior interpretations of the law make the statute “criminalize innocent and passive possession, even by a defendant who does not know, and has no reason to know, that drugs lay hidden within something that they possess. The legislatureâs police power goes far, but not that far,” the justices determined. “Accordingly, RCW 69.50.4013(1)âthe portion of the simple drug possession statute creating this crimeâviolates the due process clauses of the state and federal constitutions and is void.”
Not all justices agreed the decision needed to be so sweeping. Justice Debra L. Stephens said in a separate opinion, which concurred in part and dissented in part with the majority, that the court could break from its past holdings and simply reinterpret the law to require proof that defendants knowingly broke the law. She agreed Blakeâs conviction should be thrown out but argued the possession law need not be scrapped in its entirety.
âI would overrule our erroneous precedent and, considering the main arguments actually briefed in this case, read an implied intent element into the drug possession statute,â Stephens wrote. âNearly every other state to have interpreted the model statute holds that it does [have such an element], and Blake urges us to embrace this interpretation.â
Three other justices signed a dissenting opinion, arguing that the court has interpreted Washingtonâs drug possession law for more than 60 years as not requiring an element of intentâand moreover, that the courtâs past decisions have respected the authority of lawmakers to âcriminalize conduct regardless of whether the actor intended wrongdoing.â
Itâs not entirely clear how many past cases might be affected by Thursdayâs ruling. Mark Middaugh, a lawyer who filed a friend-of-brief in the case on behalf of the Washington Association of Criminal Defense lawyers, told the Seattle Times that he believes the ruling could be applied retroactively, allowing anyone with a past conviction for simple drug possession to have that record thrown out.
A press release from the Washington Appellate Project, which represented Blake in the case, was comparatively understated. âWashington joins 49 other states and the federal government,â it said, âin recognizing that the unknowing possession of drugs is not a crime.â
Richard Lechich, a Washington Appellate Project staff attorney who argued the case before the Supreme Court, said justices âcorrectly recognized the injustice of convicting people for innocent conduct.â
âWhile the decision cannot rectify the harm this law caused to so many communities, particularly communities of color, it at least puts an end to it,â he said.
Lechich, however, warned Washingtonians to not to take advantage of the situation. While the possession law is off the books, he said, and some in law enforcement seem to be halting arrests and prosecutions, itâs still a risk to openly acknowledge having drugs.
âI would be very careful about that,â Lechich told Marijuana Moment. âCertainly if you were my client, I wouldnât advise you to do that.â
Washington Lawmakers Approve Drug Decriminalization Bill In Committee Vote
Photo courtesy of Markus Spiske
Politics
Disagreements Threaten Virginia Marijuana Legalization Deal As Deadline Approaches

Conference committee members are divided over a proposed delay in regulatory decisions until next session, but have reportedly settled on delaying legalization of cannabis possession in any case.
By Ned Oliver, Virginia Mercury
With a Saturday deadline approaching, state lawmakers in the House and Senate are still working to resolve differences over landmark legislation that would legalize recreational marijuana in Virginia.
As of Thursday evening, it was unclear whether the two chambers would be able to reach an agreement on the bill, which Gov. Ralph Northam (D) has made a priority in his final year in office.
At least one lawmaker privately doubted the legislation would pass. Others, however, remained optimistic even as they acknowledged negotiations had grown tense, suggesting a vote was possible as early as Friday.
According to five sources familiar with the talks, the primary point of contention is language sought by the Senate that would delay decisions about how the new market is regulated until next year. Members of the chamber said during hearings last month they felt the legislation was too expansive and complex to complete work on during the 45-day session.
Lawmakers in the House have resisted, arguing the delay is unnecessary, citing in-depth studies conducted by legislative analysts and Northamâs administration. House lawmakers have also expressed discomfort about voting to legalize the drug without finalizing plans for a legal marketplace, according to the sources, who spoke on the condition of anonymity to discuss ongoing negotiations.
If a bill does emerge from the conference negotiations, itâs likely to disappoint civil rights advocates who have been pushing for an immediate end to criminal penalties related to the drug.
Both the House and Senate passed legalization bills that wouldnât allow sales of recreational marijuana to begin until January 1, 2024âtime both sides agree they need to set up a new cannabis authority to regulate the industry.
But they have differed over whether criminal penalties related to the drug should stay in place until legal sales begin. The House advanced legislation that wouldnât end prohibition until 2024 while the Senate proposed legalizing possession of an ounce or less of marijuana beginning July 1 of this year.
The House, whose members worried that repealing criminal penalties before legal sales are permitted would encourage the black market, appear to have won the debate, with Senate negotiators agreeing to maintain existing criminal penalties until 2024, according to the sources.
The approach stands in contrast to a legalization bill signed by New Jerseyâs governor on Monday, which immediately ended criminal penalties for possession of up to six ounces even though retail sales arenât expected to begin until 2022 at the earliest.
Advocates had called the Senateâs position the minimum the legislature could do to address criminal penalties before the retail marketplace opens. Sen. Jennifer McClellan, D-Richmond, who proposed it, said it didnât make sense to continue prosecuting people for something lawmakers had voted to legalize.
âWe canât risk more people being caught in the system for acting in ways that will soon be legal,â wrote a coalition of 25 advocacy organizations led by the ACLU of Virginia and the reform group Marijuana Justice.
Lawmakers skeptical of repealing criminal penalties before there are legal avenues to buy the drug have said they view the decriminalization legislation they passed last year, which reduced penalties for simple possession to a $25 civil fine, an adequate interim step.
Chelsea Higgs Wise, director of Marijuana Justice, countered that the approach unnecessarily allows the disproportionate enforcement of marijuana laws against Black Virginians to continue for three years. She said court data obtained by advocates shows that even with reduced fines, Black people are four times more likely than White people to face citations despite using the drug at the same rate.
âThe commonwealthâs âdecriminalizationâ enforcement maintains Virginiaâs racial disparities and goes against Governor Northamâs stated commitment to social equity, racial equity, and economic equity for marijuana legislation,â she wrote in a statement.
The two chambers are continuing to debate another focus for advocacy groups: how to treat people under 21 caught with the drug. As drafted, the Senateâs version would dramatically increase penalties for underage users caught with the drug, increasing the civil penalty for possession from $25 to $250 for people ages 18 to 20. Minors would face a $200 civil penalty for a first offense.
Valerie Slater, the director of RISE for Youth, which advocates for reforming the stateâs juvenile justice system, said she favors the Houseâs approach, which would also increase penalties for underage possession, but only on subsequent offenses.
But she pointed to New Jerseyâs new law as a better alternative, which calls for a written warning for a first offense, a call to parents for a second offense and referral to community services for a third offense. Members of the stateâs Black Legislative Caucus opposed fines, worrying âpolice would continue to stop and fine minority youth more frequently than White people under 21,â according to The Star-Ledger.
âAt no point should this be a crime for kids,â she said. âCan we just take New Jerseyâs language and drop it into ours? It would be ideal.â
This story was first published by the Virginia Mercury.
Politics
Kansas Governor’s Medical Marijuana Bill Introduced As Lawmakers Take Up Separate Legalization Proposal

A bill championed by the governor of Kansas to legalize medical marijuana and use the resulting revenue to expand healthcare was officially introduced on Wednesday. The move comes as lawmakers held back-to-back hearings on separate reform legislation this week.
Gov. Laura Kelly (D) has pushed for legalizing medical cannabis and using that revenue to support Medicaid expansion, and now Rep. Brandon Woodard (D) has filed a measure to do just that. He introduced it in the House Federal & State Affairs Committee, where members heard testimony on the separate legalization bill on Wednesday and Thursday.
“By combining broadly popular, commonsense medical marijuana policy that will generate significant revenue with Medicaid expansion, all logical opposition to expansion is eliminated,” Kelly said at a press briefing on Wednesday. “This bill just makes sense.”
Watch the governor discuss the medical cannabis and Medicare expansion bill, starting around 6:16 in the video below:Â
“In the face of the worst public health crisis our country has seen in a century, I’m even more committed to delivering healthcare and jobs and support for our hospitals through Medicaid expansion,” she said. “I urge the legislature to take Representative Woodard’s proposal seriously and to also consider the implications if they should fail to pass expansion yet again.”
Under Woodard’s bill, a draft version of which was shared with Marijuana Moment, there would be 21 medical conditions that qualify patients for cannabisâincluding cancer, multiple sclerosis, post-traumatic stress disorder and chronic or intractable painâand regulators would be able to add additional conditions later.
This morning in House Federal & State Affairs, I introduced @GovLauraKelly's bill that would legalize medical marijuana and finally pass Medicaid expansion. #ksleg
— Brandon Woodard (@Woodard4Kansas) February 24, 2021
The secretary of the Kansas Department of Health and Environment would be responsible for developing regulations for the program by July 1, 2023. That includes setting a standard for a 90-day supply of cannabis that a registered patient could possess. It would then be tasked with issuing patient and caregiver registrations and identification cards.
The director of Alcoholic Beverage Control would have its own role in the program, issuing licenses for marijuana “cultivators, laboratories, processors, distributors and retail dispensaries.”
“For too long, the Kansas Legislature has ducked the topic of legalizing medical cannabis. An overwhelming, bipartisan majority of Kansans support medical marijuana, as well as Medicaid expansion,” Woodard told Marijuana Moment. “It’s time to expand healthcare coverage to more than 100,000 Kansans, while giving Kansans the opportunity to use a legal, compassionate therapy to treat a variety of conditions.”
“Whether Kansas chooses the path of legalization of medical, recreational, or something in between, I’m glad that the conversation is finally happening and the people of Kansas are watching,” he said.
While the representative’s bill would make it so Kansas would join the vast majority of states that have legal medical marijuana markets, it is restrictive as far as advocates are concerned. It would, for example, prohibit smoking or vaping cannabis. And it sets a 35 percent THC limit for marijuana flower. Home cultivation by patients would not be allowed.
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The governor first announced a plan at the beginning of the month to enact medical marijuana legalization and use cannabis tax revenue to fund Medicaid expansion. And she said more recently that she wants voters to put pressure on their representatives to get the reform passed.
The Federal & State Affairs panel started debate this week on a separate medical marijuana legalization bill that’s been introduced this session, sponsored by the committee itself. Supporters and opponents of the reform testified on the proposal on Wednesday and Thursday, and advocates anticipate it will get a vote in the next 10 days before heading to the floor.
The first hearing consisted of those who favor the policy change, including a veteran, health care worker and former state lawmaker. The second involved testimony from neutral or opposing parties.
Former state Rep. Willie Dove (R) urged the committee not to “take this for granted.”
“We’re not talking about hippies from the 60s. You’re talking about individuals, law-abiding citizens, that really want to make something happened for their families,” he said. “And I would like to say that the revenue generated from this will be greatly appreciated in Kansas because it does help our bottom line.”
Like the Kelly bill, the committee-sponsored legislation lists 21 conditions that would qualify patients for the program, including chronic pain, HIV and post-traumatic stress disorder. Smoking and vaping products would be prohibited, however. It would also not provide for home growing.
âVeterans of all ages and ideologies are in favor of medical cannabis more than any other demographic,â George Hanna, codirector of Kansas NORML and a veteran, said. âEvery veteranâs organization, representing every generation and political perspective, has overwhelmingly come out in support of safe access. I personally have had several physicians, within the VA itself, privately support medical cannabis.â
The opposing testimony on Thursday touched on a variety of talking pointsâthat the scope of the qualifying conditions for medical marijuana is too large, legalization would increase youth access to cannabis, THC concentration levels are too high and ingestion by pregnant women or adolescents is dangerous.
But industry stakeholders with the Kansas Cannabis Business Association (KCBA) told Marijuana Moment that the testimony, particularly from law enforcement representatives, was notably “negligent and dispassionate, with most of their concerns rebutted by [Chairman John Barker (R)] on the spot.”
“Essentially the message was, ‘if 30 other states have found solutions to those problems, you can too,” KCBA’s Erin Montroy said.
A separate medical cannabis legalization bill was introduced by the Senate Commerce Commerce this month, though it has not seen action.
The measure’s language largely reflects legislation that was introduced in the House last year. Patients would be eligible for medical cannabis with a doctorâs recommendation if they have a condition that significantly inhibits their ability to conduct daily activities or if the lack of treatment would pose serious physical or mental harm.
Registered patients would be allowed to grow and possess at least four ounces of marijuana. The bill would also establish a Kansas Medical Cannabis Agency to oversee the program.
Read the draft text of Woodard’s medical cannabis legalization bill that he’s carrying for the governor below:Â
Kansas medical cannabis leg… by Marijuana Moment
Missouri Bill Would Add MDMA, Psilocybin Mushrooms And LSD To Right-To-Try Law