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.
Top Pennsylvania Official Restores Marijuana Flag After GOP Lawmakers Allegedly Got It Removed
Lt. Gov. John Fetterman’s (D) marijuana and LGBTQ flags are waving again at his Capitol office after state officials removed them Monday night, allegedly at the behest of certain GOP lawmakers who feel strongly about the activist decor.
The day after their removal, the lieutenant governor proudly announced on Twitter that he’d restored the flags—one rainbow-themed and the other displaying cannabis leaves.
“I really can’t emphasize this enough, my issue isn’t with the individuals that came to take them down. They’re kind of caught in the middle of it so it’s not them,” Fetterman told Marijuana Moment. “But the Pennsylvania GOP exerted enough pressure and made enough drama so they felt that they needed to do something and they took them down. When I realized that, I just put them back up.”
I even had to rehang this one. 🙄 pic.twitter.com/NPuADtb1Lt
— John Fetterman (@JohnFetterman) January 26, 2021
The flags have been an unusual source of controversy for some members of the legislature. In November, Republican lawmakers passed budget legislation that included a provision targeting his cannabis-themed office decor, making it so only the American flag, the Pennsylvania flag and those honoring missing soldiers could be displayed at the Capitol building.
It’s kinda flattering that they changed Pennsylvania law just for me. 🥺👉👈
Speaking of changing laws…
I’ll take them down when we get:
LEGAL WEED 🟩 FOR PA + EQUAL PROTECTION UNDER THE LAW for LGBTQIA+ community in PA.
— John Fetterman (@JohnFetterman) November 20, 2020
“There’s one great way to get them down for good and we can end this,” the lieutenant governor said. And that’s by enacting legislative reform.
“It shouldn’t have to be this way. These are not controversial things. These are very fundamentally American things. It’s freedom-related. It’s individuality-related. It’s jobs. It’s revenue,” he said. “These are not controversial, but these flags are. For the party that thinks it’s A-OK to talk about how an election that was secure was rigged, they sure have a real thin skin when it comes to free speech.”
A spokesperson for the state Department of General Services confirmed to Marijuana Moment that it was tasked with removing the flags and did so “in order to comply with section 1724-E of the fiscal code.” Asked whether lawmakers from the legislature’s Republican majority influenced the recent action, the representative repeated: “All I can say is the Department of General Services removed the flag in order to comply with section 1724-E of the fiscal code.”
Marijuana Moment reached out to the offices of the Senate majority leader and House speaker for comment, but representatives did not respond by the time of publication.
Defying the flag order is par for the course for Fetterman, a longtime marijuana reform advocate who is weighing a run for the U.S. Senate. His enthusiastic embrace of the issue has often put him in the spotlight, and he said he’d take that advocacy to Congress if he ultimately decides to enter the race and is elected.
“I’m the only person that’s actually called out my own party for its failure to embrace it when it is appropriate,” he said, referring to his repeated criticism of the Democratic National Committee’s rejection of a pro-legalization platform. “There has never been—or would ever be—a more committed advocate to ending this awful superstition over a plant for the United States.”
🚨🚨 PENNSYLVANIA *AND* DNC IS BEING LAPPED ON LEGAL WEED BY THE DAKOTAS NOW
— John Fetterman (@JohnFetterman) January 26, 2021
On his campaign website, the lieutenant governor touts his role in leading a listening tour across the state to solicit public input on the policy change. He noted that, following his efforts, Gov. Tom Wolf (D) “announced his support for legalization for the first time.”
It remains to be seen when legalization will happen in Pennsylvania, however. Despite Fetterman and Wolf’s support for legalization and the pressure they’re applying on lawmakers, convincing Republican legislative leaders to go along with the plan remains a challenge.
Fetterman previously told Marijuana Moment that pursuing reform through the governor’s budget request is a possibility. But in the meantime the administration is exploring the constitutionality of issuing “wholesale pardons for certain marijuana convictions and charges.”
Since adopting a pro-legalization position in 2019, Wolf has repeatedly called on the legislature to enact the policy change. He’s stressed that stressed that marijuana reform could generate tax revenue to support the state’s economic recovery from the coronavirus pandemic and that ending criminalization is necessary for social justice.
In September, he took a dig at the Republican-controlled legislature for failing to act on reform in the previous session. And in August, he suggested that the state itself could potentially control marijuana sales rather than just license private retailers as other legalized jurisdictions have done.
Fetterman previously said that farmers in his state can grow better marijuana than people in New Jersey—where voters approved a legalization referendum in November—and that’s one reason why Pennsylvania should expeditiously reform its cannabis laws.
He also hosted a virtual forum where he got advice on how to effectively implement a cannabis system from the lieutenant governors of Illinois and Michigan, which have enacted legalization.
Shortly after the governor announced that he was embracing the policy change, a lawmaker filed a bill to legalize marijuana through a state-run model.
A majority of Senate Democrats sent Wolf a letter in July arguing that legislators should pursue the policy change in order to generate revenue to make up for losses resulting from the COVID-19 pandemic.
Photo courtesy of Twitter/John Fetterman.
Hawaii Could Legalize Psychedelic Mushroom Therapy Under New Senate Bill
Hawaii could legalize the use of psychedelic mushrooms for therapy under a newly filed bill in the state legislature.
The measure, if approved, would direct the state Department of Health to “establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn,” two psychoactive substances produced by certain fungi.
It would also remove the two compounds from the state’s list of Schedule I controlled substances and create a seven-person psilocybin review panel to assess the impacts of the policy change.
Few other specifics are provided in the bill, SB 738, introduced in the state Senate on Friday. It doesn’t specify who would qualify for the therapy, for example, or how precisely the drugs—which remain federally illegal—would be administered. The legislation simply says the Department of Health “shall adopt rules” in accordance with state law.
The new legislation comes less than a year after Hawaii lawmakers introduced bills to begin studying the therapeutic use of psychedelic mushrooms with the goal of eventually legalizing them, though those measures did not advance.
Entheogens—including other substances like ayahuasca and ibogaine—have emerged as a promising treatment for severe depression, anxiety and other conditions, although research remains ongoing.
In November, voters in Oregon approved a ballot measure to legalize psilocybin therapy that the state is now in the process of implementing.
The new Hawaii bill was introduced by Sens. Stanley Chang, Laura Clint Acasio, Les Ihara Jr. and Maile Shimabukuro, all Democrats. It has not yet been scheduled for a hearing, according to the state legislature’s website.
Marijuana Moment is already tracking more than 400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
The Hawaii proposal is one of a growing number of broader reform bills to have been introduced across the country this year as the debate on drug policy moves beyond marijuana. A measure introduced in New York earlier this month would remove criminal penalties for possessing small amounts of any controlled substance, instead imposing a $50 fine. Similar measures are expected to be introduced in California and Washington State this year.
A Florida lawmaker recently announced plans to introduce legislation to legalize psilocybin for therapeutic purposes in the state.
Lawmakers in New Jersey last month sent a bill to Gov. Phil Murphy (D) that would reduce criminal charges for the possession of psilocybin, but so far Murphy hasn’t signed the measure.
Voters, meanwhile, have been broadly supportive of drug reform measures in recent years. In addition to the psilocybin. measure, Oregon voters in November also approved an initiative to decriminalize possession of all drugs. Washington, D.C. voters overwhelmingly enacted a proposal to decriminalize the possession of psychedelics.
Despite the growing discussion of drug reform at statehouses across the country, some high-profile advocates are setting their sights on the 2022 election. Dr. Bronner’s CEO David Bronner, a key financial backer of successful reform efforts in Oregon, told Marijuana Moment last month that he’s expecting both Washington state and Colorado voters will see decriminalization or psilocybin therapy on their 2022 ballots.
Meanwhile, a new advocacy group is pushing Congress to allocate $100 million to support research into the therapeutic potential of psychedelics.
Photo courtesy of Wikimedia/Workman
Minnesota Governor Urges Lawmakers To Pursue Marijuana Legalization Amid Budget Talks
The governor of Minnesota on Tuesday implored the legislature to look into legalizing marijuana as a means to boost the economy and promote racial justice.
During a briefing focused on his budget proposal for the 2022-23 biennium, Gov. Tim Walz (D) was asked whether he is open to allowing sports betting in the state to generate tax revenue. He replied he wasn’t closing the door on that proposal, but said he is more interested in seeing lawmakers “take a look at recreational cannabis.”
Not only would tax revenue from adult-use marijuana “dwarf” those collected through sports betting, he said, but legalization would also help address “the equity issue and, quite honestly, the racial impact of our cannabis laws.”
Watch the governor discuss marijuana legalization below:
“I will say this, I will certainly leave open that possibility. Our neighboring states have done both of those things,” Walz said of legalizing sports gambling and cannabis. “I obviously recognize that that’s not a 100 percent slam dunk for people, and they realize that there’s cost associated with both. But my message would be is, I don’t think this is the time for me to say I’m shutting the door on anything.”
The Minnesota governor did say in 2019, however, that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.
Earlier this month, the House majority leader said he would again introduce a bill to legalize marijuana in the new session. And if Senate Republicans don’t go along with the reform, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.
Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.
House Speaker Melissa Hortman (D) said this month that “Senate Republicans remain the biggest obstacle to progress on this issue.”
“Minnesota’s current cannabis laws are doing more harm than good,” she told The Center Square. “By creating a regulatory framework we can address the harms caused by cannabis and establish a more sensible set of laws to improve our health care and criminal justice systems and ensure better outcomes for communities,” she said.
Senate Majority Leader Paul Gazelka (R), for his part, said that while he would be “open to expanding medical use or hearing criminal justice reforms,” he doesn’t “believe fully legalized marijuana is right for the state.”
“Other states that have legalized marijuana are having issues with public safety,” he argued, “and we are concerned that we haven’t fully seen how this works with employment issues, education outcomes and mental health.”
Last month, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.
Another factor that might add pressure on lawmakers to enact the reform is the November vote in neighboring South Dakota to legalize adult-use cannabis.
Also next door, Wisconsin Gov. Tony Evers (D) is pushing lawmakers to enact marijuana reform and recently said that he is considering putting legalization in his upcoming budget request.
Photo courtesy of Philip Steffan.