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Democrats Forming Consensus On Marijuana Legalization

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Support for marijuana legalization is quickly becoming a mainstream consensus position in the Democratic Party.

Two of the party’s leading potential 2020 presidential candidates joined together this week in support of far-reaching legislation that would end the federal prohibition of cannabis and encourage states to legalize the drug.

“Legalizing marijuana isn’t a matter of if, it’s a matter of when,” Sen. Cory Booker (D-NJ) said about the legislation, the Marijuana Justice Act, which he introduced last August.

Sen. Kirsten Gillibrand (D-NY), who signed onto the bill as a cosponsor on Wednesday and did a Facebook Live chat with Booker about it, called cannabis legalization “a social justice issue and a moral issue that Congress needs to address.”

The vocal pro-legalization support from the two senators, who are widely considered to be weighing campaigns for the Democratic presidential nomination in 2020, signals that a shift toward marijuana reform advocacy that has been underway in the party for some time is elevating to a near consensus.

And polling shows that Democratic voters are in support of the move.

Gallup found last year that 72 percent of Democrats back marijuana legalization, and a Quinnipiac University survey last month showed that 95 percent of the party’s voters support medical cannabis.

The latter poll also showed that just 12 percent of Democrats want the federal government to interfere with the implementation state marijuana laws.

Sen. Bernie Sanders, a Vermont independent who caucuses with Democrats, also supports legalization. The senator, who introduced legislation to deschedule marijuana during his nearly successful campaign for the party’s 2016 presidential nomination, is reportedly considering another run in 2020.

Last week, Sanders’s campaign organization launched an online petition calling for an end to marijuana prohibition and the broader “war on drugs.”

Democrats’ march toward legalization seems to have been accelerated by the Trump administration’s anti-cannabis moves.

While Trump pledged during the campaign that he would respect local marijuana laws if elected, Attorney General Jeff Sessions last month to tore up Obama-era guidance that has generally allowed states to implement their own laws without federal interference.

A large number of members of Congress from both parties, but Democrats in particular, immediately criticized the Justice Department reversal.

“The Attorney General’s decision to rescind the Cole memo was a very bad one & I oppose it,” Senate Democratic Leader Chuck Schumer (NY) tweeted. “I believe that the States should continue to be the labs of democracy when it comes to recreational & medical marijuana. Jeff, this is one place where states’ rights works. Let each state decide.”

House Democratic Leader Nancy Pelosi also slammed the move, tweeting, “Attorney General Sessions, your unjust war against Americans who legally use #marijuana is shameful & insults the democratic processes that played out in states across the country.”

But while most Democratic lawmakers tend to vote in support of marijuana proposals in Congress, the party is by no means unanimous on the issue.

Longtime Sen. Dianne Feinstein (D-CA), for example, is one of Congress’s most ardent opponents of marijuana law reform, and has voted against amendments to protect her state’s medical cannabis law from Justice Department intervention. She also vigorously campaigned against marijuana reforms at the state level.

And some Democrats were upset that congressional leaders chose Rep. Joe Kennedy III (D-MA), who opposes legalization, to deliver the party’s response to President Trump’s first State of the Union address last month.

As a member of Congress, Kennedy has not only opposed his state’s move to legalize marijuana, but has voted against amendments to shield state medical marijuana laws from federal interference, allow military veterans to access medical cannabis and protect children who use non-psychoactive cannabidiol extracts to treat severe seizure disorders.

Kennedy knows that his views on cannabis are out of step with the party.

“I come at it a little bit differently, obviously, than the vast majority of my colleagues,” he said in an interview. “I think the party is clearly moving in that legalization direction. It might already be there.”

But legalization isn’t strictly a Democratic issue.

Several Republican lawmakers have taken leadership roles in efforts to end federal cannabis prohibition.

Sen. Cory Gardner (R-CO), for example, has gone so far as to actively block Justice Department nominees from being confirmed in protest of Sesssion’s move. In a speech this week, Sessions called the dispute “frustrating” and implied that Gardner is prioritizing marijuana over national security.

While support for marijuana law reform is growing across party lines — Gallup’s recent poll found for the first time that a bare majority of Republicans now back ending prohibition — Democratic voters and elected officials are so far more likely to favor legalization.

But although the party’s platform adopted in 2016 included a plank calling for “a reasoned pathway for future legalization,” that year’s Democratic presidential nominee, Hillary Clinton, only went as far as voicing vague support for respecting state laws and slightly downgrading cannabis’s federal status.

And not all rumored 2020 contenders have embraced legalization like Booker, Gillibrand and Sanders have. At least not yet.

While another potential 2020 Democratic presidential candidate, Sen. Kamala Harris (D-CA), like Sanders, also recently launched an online petition about marijuana, she hasn’t yet added her name onto any bills to change cannabis’s status under federal law.

Her position does seem to be evolving, though.

In 2014, as state attorney general, Harris simply laughed in a reporter’s face when asked about her position on legalization. But now she is signing letters calling on the federal government to respect state laws and cosponsoring legislation to allow banks to serve state-legal cannabis businesses.

Sen. Elizabeth Warren (D-MA) — another potential 2020 contender — is also cosponsoring the banking bill and has signed onto broader legislation to allow states to implement medical marijuana policies.

A lot can happen before the 2020 Democratic National Convention, but it’s a safe bet that the party’s next presidential nominee will at least have a more far-reaching marijuana reform position than that of their 2016 candidate.

This piece was first published by Forbes.

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 15-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

Berkeley City Council Considers Decriminalizing Psychedelics This Week

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A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.

Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.

In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”

However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”

The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”

Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.

The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.

“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.

While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.

Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.

On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.

Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

Photo elements courtesy of carlosemmaskype and Apollo.

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Colorado Governor And USDA Official To Discuss CBD At Hemp Event

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Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.

The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”

Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.

This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.

Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”

“With our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.

AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.

But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.

Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.

In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.

FDA Says It Is Speeding Up The CBD Regulation Process

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Marijuana Legalization Could Be On The Horizon For British Virgin Islands

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The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.

Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.

“We certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don’t want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.”

He added that he hoped the legislation would make BVI a global model for legalization.

“We certainly support having a well-regulated industry, and the fact that we’re coming in late into this whole discussion of marijuana means that we don’t have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.

The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.

“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we’re speaking about the medicinal value of it than something like alcohol. It’s proven that alcohol is much more damaging to your health than marijuana.”

BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.

The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.

“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”

“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

Photo courtesy of Philip Steffan.

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.
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