Former Vice President Joe Biden (D) released a wide-ranging criminal justice reform plan on Tuesday that, among other things, calls for the decriminalization of marijuana use and automatic expungements for those with prior cannabis convictions. The proposal was swiftly rebuked as inadequate by Sen. Cory Booker (D-NJ), who is also seeking the party’s 2020 presidential nomination.
“Biden believes no one should be in jail because of cannabis use,” a summary of the plan states. “As president, he will decriminalize cannabis use and automatically expunge prior convictions.”
Further, the Democratic presidential candidate is backing the federal legalization of cannabis for medical purposes, allowing states to set their own policies for adult-use marijuana and rescheduling cannabis to Schedule II under the Controlled Substances Act (CSA) “so researchers can study its positive and negative impacts.”
Too many people are incarcerated in the US – and many don’t have resources to successfully rejoin society after serving their time.
— Joe Biden (@JoeBiden) July 23, 2019
It’s not certain what kind of legalization model Biden is envisioning, however. State-level medical cannabis programs generally involve having a doctor issue a recommendation and patients obtaining their cannabis from licensed dispensaries. If marijuana moved to Schedule II, that could potentially require patients to get a prescription that meets the regulatory standards of other Schedule II drugs such as fentanyl and have their prescriptions filled at a traditional pharmacy.
In any case, the proposal includes several other drug policy and criminal reform provisions. The former vice president said he will strive to end sentencing disparities for crack versus powder cocaine convictions, eliminate mandatory minimum sentences, abolish the death penalty and stop people from being incarcerated for illicit drug use
“Biden believes that no one should be imprisoned for the use of illegal drugs alone,” the summary reads. “Instead, Biden will require federal courts to divert these individuals to drug courts so they receive treatment to address their substance use disorder. He’ll incentivize states to put the same requirements in place.”
But as Booker was quick to point out, many of the reform proposals the former vice president is making today would target federal laws that he himself played a key role in advancing during his time in the Senate, particularly as it relates to the 1994 crime bill that Biden helped author.
“Joe Biden had more than 40 years to get this right,” Booker said in a press release. “The proud architect of a failed system is not the right person to fix it.”
It’s not enough to tell us what you’re going to do for our communities, show us what you’ve done for the last 40 years. You created this system. We’ll dismantle it.
— Cory Booker (@CoryBooker) July 23, 2019
“While it’s encouraging to see Vice President Biden finally come around to supporting many of the ideas I and others have proposed, his plan falls short of the transformative change our broken criminal justice system needs,” he said. “Any comprehensive plan simply must include the legalization of marijuana, an overhaul of policing practices, ambitious use of presidential clemency power to right past wrongs, and reinvestment in the communities that have borne the costs of mass incarceration. Joe Biden’s plan doesn’t do that.”
NEW from @CoryBooker:
— Chris Moyer (@ChrisMoyerNH) July 23, 2019
Booker, who is the sponsor of a far-reaching marijuana legalization bill, unveiled a criminal justice reform plan last month that would involve immediately establishing a process to grant clemency to about 17,000 federal inmates serving time for non-violent drug offenses—more than half of whom are locked up for cannabis-related convictions.
This isn’t the first time that the senator has taken a swipe at Biden over his record.
It’s not simply that Biden played a role in instituting policies that contributed to mass incarceration and escalated the drug war, Booker said last month, it’s that he seems to have an “inability to talk candidly about the mistakes he made, about things he could’ve done better, about how some of the decisions he made at the time, in difficult context, actually have resulted in really bad outcomes.”
The conversation around marijuana reform among 2020 Democratic candidates has been especially revealing this campaign season, with contenders increasingly seeking to stand out by embracing bolder and bolder proposals that go beyond simply legalizing cannabis but ensuring that social equity and restorative justice are at the forefront of those measures.
To that end, Biden does stand out in that he’s one of the only candidates who hasn’t voiced support for descheduling cannabis and whose recent evolution on the issue stops far short of what many advocates are looking for in a president.
Sen. Kamala Harris (D-CA), on the other hand, has taken pains to project an image of a cannabis friendly candidate. Though she was previously dismissive of reform proposals and actively opposed a California measure to legalize marijuana, she’s since signed onto several wide-ranging bills that are embraced by the reform movement.
The most recent example is legalization legislation that she and Rep. Jerrold Nadler (D-NY), chair of the House Judiciary Committee, introduced on Tuesday that would remove cannabis from the CSA, expunge prior cannabis convictions and create funds to reinvest in communities disproportionately impacted by the war on drugs.
Photo courtesy of Senate Democrats.
Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording
President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.
“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of YouTube/White House.
Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote
Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.
The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.
“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.
Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”
The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.
“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.
The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.
Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.
The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.
The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.
Manley said in the news conference that he would continue to review the resolution, as well as police policies.
But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans
Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).
During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.
“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”
“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”
Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.
He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.
That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.
At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”
“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.
Photo element courtesy of Gage Skidmore.