The Democratic National Committee’s (DNC) platform committee on Monday rejected an amendment calling on the party to support marijuana legalization as an official 2020 policy plank.
Several delegates testified in favor of the proposal, arguing that legalization and ending the war on drugs will help resolve racial inequities and stimulate the economy. But following discussion of the measure, it was shot down in a 50-106 vote, with three abstentions. The panel opted to keep the language included in a draft platform that was released last week.
That document calls for decriminalizing cannabis possession, automatic expungements of prior marijuana convictions, federal rescheduling through executive action, legalizing medical cannabis and allowing states to set their own laws. Like presumptive Democratic presidential nominee Joe Biden, it stops short of endorsing adult-use legalization.
The language very closely echoes recommendations released earlier this month by criminal justice reform task force that Biden and former primary rival Sen. Bernie Sanders (I-VT) organized.
“We cannot ignore the fact that the current marijuana criminalization policy has in too many cases been used to target people of color,” delegate Dennis Obduskey, who introduced the amendment, said. “They are unfairly and disproportionately six times more likely to be arrested than other citizens.”
Iowa County Supervisor Stacey Walker, who served as a member of the Biden-Sanders criminal justice task force, testified in support of the proposal, stating that black people are “overpoliced and brutalized over the same trace amounts of marijuana that white kids in this country are using without fear of repercussion or consequence.”
“I’m imploring all of you to approach this with an open mind and heart. Do something big here,” he said. “Take one small but meaningful step toward changing the course of history. If my black life matters to you, you will consider this amendment. We want to get in good trouble today, and I urge you to do the right thing and support it.”
Louisiana Sen. Cleo Fields (D) testified that he felt the existing platform proposal already represents “ambitious agenda” and opposed the legalization amendment. He said delegates should “respect the efforts of our unity task force that produced it by retaining its current form.”
Bakari Sellers, an attorney and former South Carolina lawmaker, spoke in favor of the measure.
“I understand that sometimes these efforts we have to stand in headwinds and sometimes we may feel as if we don’t go far enough,” he said. “But I think Democrats should support efforts like the Marijuana Justice Act that remove marijuana from the Controlled Substances Act and regulate marijuana in a manner similar to alcohol and impose the federal excise tax on marijuana.”
“I think that we actually have to do something about the problem to unravel mass incarceration,” he said. “I think that it’s strictly unfair that when I represent a young black kid for trafficking marijuana in South Carolina where his criminal offenses are stacked one after another and there are white boys in Colorado and California making a billion dollars off of it, I just see the inherent unfairness of that.”
“I stand in favor of legalizing marijuana,” he concluded. “I stand in favor of doing what’s right by unraveling mass incarceration and investing those dollars in black and brown communities that were disproportionately affected by the war on drugs.”
While the measure was defeated, it did receive more favorable votes that a proposal for the party to support Medicare For All as part of its 2020 platform.
Here’s part of the draft plan that the platform committee approved:
“Democrats will decriminalize marijuana use and reschedule it through executive action on the federal level. We will support legalization of medical marijuana, and believe states should be able to make their own decisions about recreational use. The Justice Department should not launch federal prosecutions of conduct that is legal at the state level. All past criminal convictions for cannabis use should be automatically expunged.”
“Substance use disorders are diseases, not crimes. Democrats believe no one should be in prison solely because they use drugs,” the draft document states. “And rather than involving the criminal justice system, Democrats support increased use of drug courts, harm reduction interventions, and treatment diversion programs for those struggling with substance use disorders.”
The DNC in 2016 similarly adopted a plank asserting that “states should be laboratories of democracy on the issue of marijuana, and those states that want to decriminalize marijuana should be able to do so.”
But it also seemed more open to broader changes, stating that the party supports “reforming our laws to allow legal marijuana businesses to exist without uncertainty.”
The party explicitly stated in the earlier document that there should be a “a reasoned pathway for future legalization.”
This year’s draft platform doesn’t say anything about taking steps to broader cannabis legalization and makes no mention of the marijuana industry.
Beyond cannabis, the drafting committee included a provision that argues it is “past time to end the failed ‘War on Drugs,’ which has imprisoned millions of Americans— disproportionately people of color—and hasn’t been effective in reducing drug use.”
“Democrats support policies that will reorient our public safety approach toward prevention, and away from over-policing—including by making evidence-based investments in jobs, housing, education, and the arts that will make our nation fairer, freer, and more prosperous,” it says.
The platform will be formally approved by delegates at the Democratic National Convention next month.
Earlier in the committee meeting, another delegate gave emotional testimony, shaming the body for proposing draft policy planks that she said fall short of the progressive ideals to which they should aspire.
The party should back the BREATHE Act, activist and Black Lives Matter co-founder Patrisse Cullors said, referring to a wide-ranging proposal that includes provisions to decriminalize drugs, expunge prior drug convictions and defund the Drug Enforcement Administration (DEA), among other reforms.
I’m first paying tribute to @repjohnlewis by speaking the truth and telling our story. Honoring his legacy compells us to change the course of history.
It’s time for the #BREATHEact—an agenda of how Black people in America can not only survive, but thrive.
— patrisse cullors (@OsopePatrisse) July 27, 2020
“My role here today is also to give voice to the BREATHE Act—our century’s unedited Civil Rights Act, penned by leaders from across our nation with a movement for black lives and working tirelessly to defend black lives and to hold our leaders accountable to your promises to enhance the self-determination of black communities,” she said. “The BREATHE Act is a love letter and agenda setting forth how black people in America can not only survive but thrive.”
Please hear my emotional plea. We are asking you to join us.
Join me in being bold and courageous in this time. #BREATHEact
— patrisse cullors (@OsopePatrisse) July 27, 2020
Cullors cited provisions of the proposal, text of which has not yet been released, that call for ending federal grants to provide local police with militarized equipment and abolishing DEA and other law enforcement agencies.
“Until and unless our leaders, become signatory to the BREATHE Act… the Democratic party of today will be remembered as the party of complicity, the party that refused to sacrifice its own comforts and material securities to ensure it walk the walk,” she said. “Before you leave today, I want you to answer this question for yourself: Which side of history is my party actually on? Which side of history am I actually on?”
“If you’re not careful, the Democratic Party will miss its greatest opportunity to lead our country to the true American Revolution,” she said.
Valerie Alexander, another delegate, said in the meeting that the party’s existing platform will “end the failed war on drugs, which has imprisoned millions of Americans and disproportionately people of color and hasn’t been effective in reducing drug use.”
Photo courtesy of Philip Steffan.
Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer
“These aren’t just numbers and there are families attached.”
By Ned Oliver, Virginia Mercury
Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.
The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.
Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.
The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.
Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.
The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.
“As of right now, the process is proceeding,” he said.
The Virginia Joint Commission on Cannabis Oversight is meeting now. You can find the agenda and links to livestream and to provide public comment at https://t.co/f1wsPn7SV7
— Jennifer McClellan (@JennMcClellanVA) October 14, 2021
Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.
Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.
They said it remains unknown how many more are being held because of marijuana related probation violations.
“These aren’t just numbers and there are families attached,” Burger said.
DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone
The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.
In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.
DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.
It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.
LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.
Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.
Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:
For all other THC, psilocybin, psilocyn and MDMA:
And for other psychedelic substances like LSD, mescaline and DMT:
DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.
“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.
“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”
Here are the exact numbers for the proposed 2021 and 2022 quotas:
|All other tetrahydrocannabinol||1,000||2,000|
A 30-day public comment period will be open after the notice is formally published on Monday.
It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.
National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Image element courtesy of Kristie Gianopulos.
Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred
The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.
The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.
Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.
Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.
But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.
Disappointed but not surprised U.S. Supreme Court declined to hear our case. We’re pursuing our claims in federal court. As that litigation proceeds, Biden administration will have to take a position, which it avoided by waiving its right to respond to our Supreme Court petition.
— Safehouse (@SafehousePhilly) October 13, 2021
“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”
That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.
“If they don’t respond, they lose,” Goldfein said.
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.