Sen. Cory Booker (D-NJ) explained why marijuana legalization is no laughing matter on Sunday and seemed to take a dig at Sen. Kamala Harris (D-CA) over the way she lightheartedly admitted to smoking cannabis in college.
During a campaign stop in Iowa, the 2020 Democratic presidential candidate was asked where marijuana fits in his criminal justice agenda. Booker emphasized that “a lot of people have a very different perspective on marijuana than I do.”
His next comment appeared to be a veiled criticism of Harris, a rival presidential candidate, who spoke about her personal experience with cannabis and relatively newfound support for legalization on a radio program last month.
“We have presidential candidates and congresspeople and senators that now talk about their marijuana use almost as if it’s funny,” he said. “But meanwhile, in 2017, we had more arrests for marijuana possession in this country than all the violent crime arrests combined.”
While Booker didn’t call Harris out by name, her recent admission—which was followed by a light back-and-forth about what kind of music she listened to when smoking—garnered dozens of headlines and also some backlash (including from her own father). “Half my family is from Jamaica,” she said at the time, laughing. “Are you kidding me?”
Watch Booker’s marijuana comments, about 37:40 into the video below:
(Sen. Bernie Sanders (I-VT) also recently talked about his cannabis experience, but the conversation wasn’t as humorous in comparison and received significantly less media coverage.)
Booker’s jab may offer a window into future Democratic presidential debates, with support for legalization increasingly being seen as the bare minimum requirement on the issue and candidates competing to address its implementation more thoughtfully.
It could also be an early sign that Harris’s record as a prosecutor who oversaw the sentencing of people for nonviolent drug offenses is a vulnerability that Booker and other candidates may seek to exploit before the Democratic electorate, which overwhelmingly supports legalizing marijuana.
Harris’s giggle-filled admission of her past cannabis consumption in the February radio interview wasn’t the first time she treated the marijuana issue as a laughing matter.
In 2014, she dismissively laughed off a reporter’s question about legalization instead of providing a substantive response on her position.
Harris also made an attempt at a cannabis joke in a January appearance on Stephen Colbert’s show, saying that the reason she looks so happy on the cover of her book is “not because I smoked a joint or anything, even though we legalized.”
In his comments on Sunday, Booker spoke about marijuana for several minutes, noting the racially disproportionate arrest rate for cannabis possession and the long-term consequences of having a non-violent drug conviction on a person’s record.
“In Newark, I’m sorry, the margins for error for my kids to experiment with drugs, like people often do, that margin is not there,” he said. “And then one kid gets one charge for possession of marijuana for doing things that two of the last three presidents admitted to doing, and what happens to their lives?”
There are tens of thousands of “collateral consequences” of drug arrests and convictions, he said, ranging from ineligibility for public housing to lost employment opportunities.
“So I’m all for legalizing marijuana. I have the premiere bill in the Senate to do it,” Booker said. “But you know what my bill says? It doesn’t say just that we should deregulate marijuana on the federal level, we should make it legal and let the states do what they want. But it doesn’t stop there, because do not talk to me about legalizing marijuana unless in the same breath you talk to me about expunging the records of the millions of people that are suffering with not being able to find a job.”
“And then on top of that, people who are in prison should be able to petition their way out under the new laws. And more than that, all of this tax revenue that we’re going to get from marijuana should be reinvested in those communities that have been disproportionately targeted by the war on drugs—for education, for drug treatment, for job training programs.”
Booker also talked about an issue that his legislation doesn’t directly address: equity in the marijuana industry. He said he gets “very upset about” about the fact that communities historically targeted by the war on drugs are largely left out of opportunities to participate in the increasingly legal cannabis economy.
“We need to start talking about what I call restorative justice in our system and make sure that when we look at our laws, we create commonsense laws because right now we are spending billions of dollars in this drug war, with this money that could go to infrastructure, it could go to education, it could go to so many more positive things than warehousing human potential in the country that is the leading nation for incarceration when we should be the leading nation for education,” he said.
Booker repeated the criticism on how rival presidential candidates are addressing their own marijuana use in an interview that aired on MSNBC’s Hardball on Monday night.
“Then we have presidential candidates, senators, bragging about their pot use while there are kids who can’t get a job because they have a nonviolent offense for doing things that two of the last three presidents did,” he said.
Photo courtesy of Facebook/ABC News.
White House Drug Officials Say Legal Marijuana Is Up To States
Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.
The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.
Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.
Got the answer: He believes it should be left up to the state. However, he does want to educate people on the effect marijuana has on young brain development, pregnant women and wants to come up with better guidance & testing for marijuana while driving. https://t.co/eifryNJB1j
— Kayla Sullivan (@KaylaReporting) August 14, 2019
It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.
Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.
Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”
“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”
Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.
During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”
“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”
He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”
Photo courtesy of Philip Steffan.
New Industry-Backed Marijuana Legalization Measure Filed In Florida
Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.
Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.
The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.
“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”
The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.
It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.
There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.
A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.
The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.
It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.
In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.
Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.
To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.
“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”
Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.
“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”
Read the full text of Make It Legal Florida’s marijuana proposal below:
Photo courtesy of WeedPornDaily.
Defense Department Official Stresses CBD Ban For Military Members
A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.
Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”
While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.
“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”
Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.
The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.
That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”
Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.
In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.
The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.
Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.
“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”
She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.
Photo by Sam Doucette on Unsplash.