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Black Lawmakers: Marijuana Decrim Is ‘Must-Do’ In First 100 Days of Democratic Congress

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The Congressional Black Caucus (CBC) included ending the federal prohibition of marijuana in a list of 10 “must-do policies” to “address issues hurting both communities of color and rural communities” that the 48-member group released on Friday.

Number four on the list is “Ending the War on Drugs,” which includes these bullet points:

*Decriminalize the use and possession of marijuana allowing states to make their own decisions and end federal prohibition and related law enforcement of marijuana.

*Remove marijuana from the Controlled Substances Act and create a “Community Reinvestment Fund” to invest in communities most impacted by the War on Drugs, for programs such as job training, reentry, community centers, and more.

*Retroactively eliminate mandatory minimums for federal drug offenses and require the Attorney General to reinstitute the Smart on Crime directive and pass codifying legislation.

*Instruct the U.S. Sentencing Commission to amend the U.S. Sentencing Guidelines accordingly.

“If Democrats take back the House next Congress, CBC would insist that they pass these policies within the first 100 days,” a press release from the caucus says.

Political watchers believe that Democrats have a good chance of regaining the majority of seats in the U.S. House of Representatives in the November midterm elections. The new Congress will be seated in January.

“Here’s the reality: If we want to truly help people of color, women, those in rural communities, workers, the poor, and others, then we have to put people in charge who share those values,” CBC Chairman Cedric L. Richmond (D-LA) said in a statement about the list.

Analyses have consistently shown that while people of color use cannabis at roughly the same rate as whites, they are much more likely to be arrested, convicted and incarcerated for marijuana offenses.

Last month, CBC released a separate position statement calling for broad cannabis reforms, including “automatic expungement for those convicted of misdemeanors for marijuana-related offenses, and an easy path to expungement for those previously convicted of felonies for marijuana-related offenses.”

And in May, leaders of the caucus included cannabis descheduling as a provision of the sweeping 1,227-page Jobs and Justice Act, a bill intended to “increase the upward social mobility of Black families, and help ensure equal protection under the law.”

Other moves on the CBC’s new “must-do” list include banning private prisons, increasing access to affordable housing, gun safety reforms, health care expansion and the protections of voting rights.

Congressional Black Caucus Calls For Major Marijuana Reforms

Marijuana Moment Patreon supporters can read the CBC’s full list of 10 Must-Do Policies below:

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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.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

The White House Is Reviewing CBD And Marijuana Research Guidance From FDA

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The White House is currently reviewing a federal plan for marijuana and CBD research.

The Food and Drug Administration (FDA) submitted draft guidance on the issue last week to the White House Office of Management and Budget (OMB).

Details about the document—titled “Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research”—are sparse. But an FDA spokesperson indicated to Marijuana Moment that it’s related to the agency’s ongoing work to develop broader CBD regulations that could eventually allow for the marketing of cannabis products as dietary supplements or food items.

“We recognize that there is substantial public interest in marketing and accessing CBD for a variety of products. We are working toward a goal of providing additional guidance, and have made substantial progress,” FDA said in a statement. “There are many questions to explore regarding the science, safety, effectiveness and quality of products containing CBD, and we need to do our due diligence.”

“As part of our work, the FDA continues to explore potential pathways for various types of CBD products to be lawfully marketed,” the statement continues. “An important component of this work is obtaining and evaluating information to address outstanding questions related to the safety of CBD products that will inform our consideration of potential regulatory frameworks for CBD while maintaining the FDA’s rigorous public health standards.”

What remains to be seen is whether FDA plans to wait for this specific guidance to be finalized and for the resulting research to be completed before it gets around to issuing final rules for CBD products in general. Stakeholders have been eagerly awaiting those regulations so they can fully take advantage of the legalization of hemp and its derivatives.

“We will continue to update the public about our path forward as our work progresses, and provide information that is based on sound science and data,” FDA said.

While sending the guidance to OMB could be interpreted as a positive development signaling that FDA is making progress on the development of regulations, former FDA Commissioner Scott Gottlieb said on Saturday that White House policies requiring OMB to review scientific documents in the first place represent an onerous step that’s delayed the issuance of guidance.

The FDA spokesperson declined to comment on the former commissioner’s statement.

The agency first announced in January that it planned to publish guidance on cannabis research this year. It’s not clear how long the OMB review will take or when the document will be finalized for public release.

In addition to sending the guidance to the White House for review, FDA is also soliciting public input about the safety and efficacy of CBD in comment period it has decided to keep open indefinitely. The agency said in an update to Congress in March that it has several specific questions it wants answered before deciding whether the cannabidiol can be lawfully marketed. That includes questions about the impact of different methods of consumption and drug interactions.

In the meantime, FDA is maintaining enforcement discretion when it comes to action against companies that sell CBD products regardless of the lack of regulations and has said it is currently targeting sellers that make especially outlandish or unsanctioned claims about the therapeutic value of their products.

It sent a warning letter to a CBD company owned by a former NFL player after advertisements it displayed suggested its products could treat and prevent a coronavirus infection, for example.

FDA sent a letter warning to a company about its marketing of injectable CBD products that led to a voluntary recall last month.

The agency also publicized a voluntary recall of another CBD product from a different company, notifying consumers about potentially high levels of lead in a batch of tinctures.

FDA has previously issued warnings to other CBD companies that have made unsubstantiated claims about the therapeutic potential of their products.

Scientists And Veterans File Lawsuit Challenging DEA’s Marijuana Rescheduling Denials

Photo by Kimzy Nanney.

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Marijuana Legalization And The Fight For Racial Justice (Op-Ed)

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“Black and brown lives matter and we owe it to our country and to ourselves to take tangible steps toward dismantling many of the power structures that perpetuate injustice. Marijuana prohibition is simply one of them.”

By Erik Altieri, NORML

On May 25th, George Floyd was killed on camera by officers affiliated with the Minneapolis Police Department. As were many Americans, we were shocked and disheartened by this tragic and needless loss of life.

As the events of the past few days have unfolded, it is clear that America is in the midst of a long overdue reckoning with itself. Since 1619, when the first ships arrived on the coast of Virginia with enslaved Africans in chains, our country has long had to struggle to address the inequality and structural racism embedded within our public institutions—particularly within the criminal justice system.

From slavery and the Civil War, to the battles to end Jim Crow laws, to the marches for civil rights, to the protests against mass incarceration, to the Black Lives Matter movement, each generation of Americans has stepped up to take action to fight to end racial injustice.

As protests continue to take place across our nation, more Americans are beginning to publicly demand action from their local, state and federal leaders to end the policies and practices that promote, enable and drive systemic racial injustice. In these conversations about policy solutions, many will include in their demands an ending to the war on drugs—or, at a minimum, an ending to marijuana criminalization. But while ending cannabis prohibition is both important and necessary, we must also recognize that doing so is but a single piece of a much larger puzzle.

Will legalizing marijuana reform alone solve the problem of racial injustice? No.

Is ending cannabis prohibition going to fix all of America’s social ills? No.

After we legalize adult-cannabis use, will we see an end to discriminatory policing against communities of color and other marginalized groups? No.

Will end marijuana prohibition be a small step toward the greater goal of promoting justice? Without a doubt, yes.

And the majority of Americans agree.

Our decades-long prohibition of marijuana was founded upon racism and bigotry. Look no further than the sentiments of its architect, Harry J. Anslinger, Commissioner of the Federal Bureau of Narcotics, who declared: “[M]ost [marijuana consumers in the US] are Negroes, Hispanics, Filipinos and entertainers. … [M]arijuana causes white women to seek sexual relations with Negroes. … Reefer makes darkies think they’re as good as white men.”

These racial biases were later exploited by the Nixon administration when it ramped up the drug war in 1970 and declared cannabis to be “public enemy #1.” As former Nixon adviser John Ehrlichman later acknowledged: “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”

Today, the modern era of marijuana prohibition continues to be disproportionately applied. Annually, over 650,000 Americans are arrested for violating marijuana laws. Yet, according to an analysis of these arrests released earlier this year by the ACLU, “In every single state, Black people were more likely to be arrested for marijuana possession, and in some states, Black people were up to six, eight, or almost ten times more likely to be arrested. In 31 states, racial disparities were actually larger in 2018 than they were in 2010.”

Of course, marijuana prohibition isn’t the sole cause of America’s racial inequities, nor is it the sole reason why certain members of the police continue to engage in racially-aggressive policing and misconduct. But its criminalization is one of the tools commonly used to justify and perpetuate these injustices.

For example, marijuana enforcement was the pretext in the fatal law enforcement shooting of another Minnesotan just a few years before George Floyd’s murder: Philando Castile. The officer in this case alleged that he feared for his life simply because he believed that Mr. Castille had been smoking marijuana, stating: “I thought I was gonna die. And I thought if he’s, if he has the guts and the audacity to smoke marijuana in front of the 5-year-old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me. And, I let off the rounds and then after the rounds were off, the little girl was screaming.”

Even in those jurisdictions where adult-use cannabis is legal, we know that there still remains much work to be done to address continuing racial inequities. For instance, African Americans and Latinos continue to disproportionately be targeted for traffic stops in Colorado and Washington even after legalization.

Then there is the question of the cannabis industry itself. We advocates need to continue to push for inclusion and equity within this space. We must not ignore the reality that while a handful of venture capitalists are now engaging in licensed cannabis sales in systems that largely exclude minority ownership while millions of others—most of them young, poor and people of color—continue to face arrest and incarceration for engaging in much of the same behavior.

There is no doubt that our national discussion over matters of race and policing will continue long after these public protests have ceased. NORML believes that calls for cannabis legalization need to be an important part of this emerging discussion—but only a part. Black and brown lives matter and we owe it to our country and to ourselves to take tangible steps toward dismantling many of the power structures that perpetuate injustice. Marijuana prohibition is simply one of them.

We are at a crossroads in this country and it is time for all of us to march as allies in the fight for racial justice and equality. It is important during this process for those of us not from these marginalized communities to truly listen to those who are facing this oppression and support them in this struggle. Let us take this moment in time to pledge to put in the work necessary in order to make America the better and more just nation that we know it can be.

Erik Altieri is executive director of NORML.

Cory Booker Cites Marijuana Enforcement As Example Of Racial Injustice That Is Motivating Protests

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Two-Thirds Of Arizona Voters Support Marijuana Legalization Ballot Measure, Poll Shows

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If Arizona marijuana activists succeed in placing a legalization initiative before voters this November, it will likely pass by a wide margin, according to a new poll.

In a survey of likely voters, about two-thirds (65.5 percent) of respondents said they would support the proposed measure, the Smart and Safe Arizona Act. That’s a notable shift since residents were surveyed late last year in a poll that showed 54 percent in favor of the policy change.

The survey described the legalization initiative, which would make it legal for adults 21 and older to purchase and possess cannabis and also impose taxes on legal sales, and asked 400 respondents if they would vote yes or no on the proposal

Forty-seven percent said they would “definitely” back it and 18.5 percent said they “probably” would. Nineteen percent said they “definitely” would not vote for it, while six percent said they “probably” wouldn’t.

The campaign behind the initiative, Smart and Safe Arizona, said in April that it had collected enough raw signatures to qualify for the ballot. However, those haven’t been verified by the state yet and the group said it plans to continue petitioning to ensure success. Stacy Pearson, campaign manager for the organization, told Marijuana Moment on Tuesday that they’re “on track to turn in more than 400,000 signatures by the July 2 deadline.”

“The HighGround poll is encouraging and tracks with what our internal polling shows—Arizonans are ready to legalize marijuana,” she said. “Particularly in this economic environment, new jobs and tax revenue are important to voters.”

Activists asked the state Supreme Court to allow electronic signature gathering given challenges presented by the coronavirus pandemic, but that request was rejected.

In the poll, which was conducted from May 18-22, the only group that appears divided on the issue are those who identify as “very conservative.” They were evenly split—47.6-47.6 percent—on whether or not they’d vote in favor of legalization. All other demographics were solidly in favor of the proposal.

Via Higherground.

“As long as Smart and Safe Arizona can qualify for the ballot, all signs point to 2020 being the year that recreational marijuana finally becomes legal in Arizona,” Paul Bentz, senior vice president of research and strategy at HighGround, said in a press release. “Of course, there is still strong opposition among some of those who represent the most conservative segments of the electorate. We should expect a legal challenge coming from that audience because at this point, that’s the likely the only way they can defeat this issue.”

Under the measure, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.

The initiative also contains several restorative justice provisions such as allowing individuals with prior marijuana convictions to petition the courts for expungements and establishing a social equity ownership program

Cannabis sales would be taxed at 16 percent. Tax revenue would cover implementation costs and then would be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.

The Department of Health Services would be responsible for regulating the program and issuing cannabis business licenses. It would also be tasked with deciding on whether to expand the program to allow for delivery services.

A 2016 legalization proposal was rejected by Arizona voters. But in the four years since, more states have opted to legalize and public opinion has continued to shift in favor of reform.

“Clearly, the initiative backers have learned from the mistakes of the past and have done everything they can to put together a more palatable proposal,” Bentz said. “In particular, they were wise to make this proposition more ‘family friendly’ by banning smoking in public and ensuring products cannot resemble children’s candy. Ultimately, that’s likely what got them over the hump with a majority of Republicans.”

Michigan Bill To Let Elected Officials’ Spouses Obtain Marijuana Licenses Advances While Equity Issues Persist

Photo courtesy of Brian Shamblen.

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