On Tuesday night, Congressman Joe Kennedy III of Massachusetts will deliver the official Democratic response to President Trump’s State of the Union address.
Some observers see the young Kennedy, 37, as a rising political star. But he is starkly out of step with his party — and a majority of U.S. voters — on a key issue now emerging at the forefront of mainstream American politics: Marijuana.
Kennedy’s Anti-Marijuana Voting Record
In 2015, Kennedy was one of just ten House Democrats to vote against a measure to protect medical cannabis patients and providers who are following state laws from being prosecuted by the federal government. He was one of just 24 Democrats to vote the same day against a broader measure blocking the Justice Department from interfering with all state marijuana laws, including those allowing recreational use.
Here’s a list of 67 Republicans who are more progressive on marijuana than Rep. Joe Kennedy III, who Dems picked to respond to Trump’s State of the Union.
In 2015, Kennedy voted to let the DEA arrest medical cannabis patients and providers. These GOP members voted to protect. pic.twitter.com/7vES29UTgk
— Tom Angell 🌳📰 (@tomangell) January 28, 2018
Going further than just refusing to block federal anti-marijuana enforcement in legal states, Kennedy voted three times against amendments to increase military veterans’ access to medical cannabis — just one of five Democrats to oppose the measure in 2016. Fifty-seven Republicans voted for it that year.
Kennedy even opposed a very limited proposal to protect children who use non-psychoactive cannabidiol extracts to treat severe seizure disorders from being targeted by the DEA. That amendment was supported by 118 Republicans.
The National Organization for the Reform of Marijuana Laws (NORML) gave Kennedy a D on its congressional scorecard.
Kennedy Is Out Of Step With Voters On Cannabis
Polling now shows that a growing majority of Americans supports legalizing marijuana, and medical cannabis enjoys supermajorty support, as does the notion of letting states end prohibition without federal interference.
This is especially true among Democrats. Gallup found last year that 72 percent of Democrats back broad legalization, and a Quinnipiac University survey this 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 state marijuana laws in line with Kennedy’s voting record.
Support for marijuana law reform is even stronger among the young people to whom Democrats are presumably trying to appeal by placing the youthful member of one of America’s most prominent political dynasties front and center with the State of the Union response.
The Quinnipiac survey found that 79 percent of American voters aged 18 to 34 back legalization. Only 17 percent in that demographic agree with Kennedy that the federal government should enforce cannabis prohibition in states that have opted to modernize their laws.
Kennedy Silent On Defending His State From Jeff Sessions
After U.S. Attorney General Jeff Sessions moved this month to rescind Obama-era guidance that has generally allowed states to implement their own marijuana laws without federal interference, congressional pushback was swift and strong, particularly among Democrats.
Kennedy was nowhere to be seen, however, even though voters in his home state of Massachusetts have strongly approved a string of marijuana-related ballot measures in recent years.
In 2008, 63 percent of Bay State voters approved a cannabis decriminalization measure. Four years later, 63 percent voted to legalize medical marijuana. And in 2016, 54 percent opted to go even further by legalizing marijuana for adult use — a measure that Kennedy campaigned against.
“At a time when Massachusetts is facing a crippling addiction crisis, increasing access to yet another controlled substance undermines the families, individuals, communities, law enforcement officials and health care workers on the front lines of this epidemic every single day,” he said a few weeks before the most recent Massachusetts ballot vote.
“I don’t think marijuana should be legalized,” Kennedy said in a separate interview. “If we’re going to say marijuana is a medicine, it needs to be treated like a medicine and regulated like a medicine. But when we look at full-on legalization, the potential danger that marijuana poses particularly to adolescents—I’m not convinced.”
He also co-hosted a fundraiser for the failed campaign to defeat the state legalization measure.
Now, because of the Trump administration’s cannabis reversal, Kennedy’s constituents are at increased risk of being arrested by the DEA and sent to federal prison, especially because the state’s U.S. attorney has delivered more concerning marijuana enforcement comments than prosecutors from other states have.
But instead of joining Democratic colleagues — and a significant number of Republicans — in pushing back on the federal marijuana attack, Kennedy’s voting record suggests he supports the move.
Kennedy’s Anti-Marijuana Family Ties Put Political Future At Risk
The congressman is related to former Rep. Patrick Kennedy of Rhode Island, who co-founded leading anti-legalization organization Smart Approaches to Marijuana, which is perhaps the simplest explanation for his tendency to vote against cannabis measures in contravention of the views of his constituents and party colleagues.
The younger Kennedy’s name has sometimes been floated as a potential 2020 presidential candidate, but with likely contenders like Cory Booker, Elizabeth Warren and Bernie Sanders staking out bold positions in favor of marijuana law reform that are much more in line with where Democratic primary voters are on the issue, it is likely that his opposition to all things cannabis would prove to be a political liability should he run.
Polling to date consistently suggests that President Trump’s anti-marijuana move is a political liability — particularly in light of his repeated campaign promises to the contrary about respecting state laws — if only Democrats would make a concerted effort to shine a spotlight on it.
For now, however, Democratic leaders appear to be leaving a ripe political issue on the table by putting an ardent cannabis opponent on a prominent pedestal for the State of the Union response.
Photo courtesy of Martin Grondin.
Santa Cruz City Council Approves Psychedelics Decriminalization Measure
The Santa Cruz, California City Council unanimously voted in favor of a resolution on Tuesday that would effectively decriminalize a wide range of psychedelics by making them among the city’s lowest law enforcement priorities.
The measure—which was originally sponsored by then-Vice Mayor Justin Cummings (D), who’s since become mayor—says the city shouldn’t expend “resources in the investigation and arrest of persons twenty-one (21) years of age and older solely for the personal use and personal possession of Entheogenic Plants and Fungi” such as psilocybin, ayahuasca and ibogaine.
It further stipulates that possession and use of psychedelics by adults “should be considered among the lowest law enforcement priorities for the City of Santa Cruz.”
This is the latest in a series of local policy victories for the psychedelics reform movement, which kicked off with a successful ballot measure vote in Denver to decriminalize psilocybin mushrooms last May. Oakland’s City Council then unanimously approved a measure to make a broad range of plant- and fungi-derived psychedelics among the city’s lowest law enforcement priorities.
Now activists across the country are hoping to replicate that resolution, with organizers in roughly 100 cities aiming to decriminalize certain psychedelic substances through ballot initiatives and legislative action at the local level.
In November, Santa Cruz’s City Council heard testimony from the group behind the resolution, Decriminalize Santa Cruz. It was then referred to the Public Safety Committee and was amended prior to returning to the full body for a final vote.
Councilmembers revised the original measure in order to “to recognize the need for harm reduction and education for youth and families about drug prevention.” A provision was also inserted to clarify that “the sale, use and cultivation of Entheogenic Plants and Fungi to and by minors should be considered an exception that should require appropriate investigation by the Santa Cruz City Police Department.”
The word “cultivation” was also removed from provisions specifying the measure’s scope. But before the full Council vote on Tuesday, several advocates used the public comment portion of the meeting to urge that it be added back in, and members adopted that request before approving the final resolution.
“With possession and use being inserted without cultivation, that actually encourages the black market because there’s nowhere else to go,” Cummings, the mayor, said. “If people are are cultivating at themselves they know exactly what they’re producing.”
Activists celebrated their city becoming the third in the U.S. in less than a year to decriminalize certain psychedelic substances.
“These eight months we’ve been working on the resolution, I’ve met so many people whose lives were saved by entheogenic plants and fungi,” Julian Hodge, a founder of Decriminalize Santa Cruz and a member of Students for Sensible Drug Policy, told Marijuana Moment. “The Santa Cruz City Council took a great step to help those people today. I am incredibly proud to be part of this movement, and can’t wait to see the change we continue to make in the future.”
Another provision of the measure instructs the city’s state and federal lobbyists to “work in support of decriminalizing all entheogenic psychoactive plants, and plant and fungi-based compounds listed in the Federal Controlled Substances Act.”
Beyond Decriminalize Santa Cruz, a newly formed group called Project New Day also advocated for the reform move. The organization, which is focused on promoting research into psychedelics for the treatment of addiction and other mental health conditions, sent a press release on Tuesday highlighting comments from a military veteran who overcame addiction with the help of medically supervised psychedelics treatment.
“Psychedelic-assisted therapy saved my life,” Dylan Jouras said. “It’s important that people know there is an effective way to get better from addiction and deep mental health issues.”
While the local Santa Cruz resolution wouldn’t allow legal sales of psychedelics, another group of advocates is currently collecting signatures toward placing a broad statewide psilocybin legalization initiative before California voters on the November ballot.
In Oregon, organizers are hoping to put a proposal before voters that would legalize psilocybin for therapeutic use. Separately, a campaign in that state is pushing a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment.
Democratic presidential candidate Andrew Yang said at an Iowa campaign stop last week that he wants to legalize psilocybin for military veterans.
New Mexico Lawmakers Approve Marijuana Legalization Bill
A New Mexico Senate committee approved a bill on Tuesday that would legalize marijuana for adult use.
With a little more than three weeks left in the state’s short 2020 legislative session, lawmakers are making clear their intent to advance the legalization proposal in a timely fashion.
The bill, which is supported by Gov. Michelle Lujan Grisham (D), cleared the Senate Public Affairs Committee in a 4-3 vote.
Sen. Jacob Candelaria (D) led the introduction of the bill before the committee, testifying that he believes “2020 is the year New Mexico becomes the third state to enact legalization of cannabis through legislative action,” following Vermont and Illinois.
“We know that New Mexicans across the state, from rural to urban centers, are with us on this issue.”
“Bringing an underground market aboveground takes a lot of deliberation, statewide input from community members and stakeholders, ingenuity and learning from other states’ experiences,” the senator, who is himself a medical cannabis patient, said. “The criminalization of cannabis disproportionately harms and criminalizes young people and people of color, sponsors violence and corruption by those who currently exclusively trade in cannabis in the black market. The current situation, our status quo that relies on a black market outside of the medical program, does nothing to curb youth access to cannabis.”
The governor included legalization in her formal 2020 legislative agenda and discussed the importance of establishing a well-regulated and equitable cannabis market in her State of the State address this month.
✅ SB 115, legalizing recreational adult-use cannabis, successfully passes out of its first committee! Recreational cannabis will be the next frontier of our economic expansion, creating 11,000 jobs across New Mexico & true economic potential for every part of the state. #SB115 pic.twitter.com/jgLnRX8UDY
— Michelle Lujan Grisham (@GovMLG) January 29, 2020
The day after Lujan Grisham’s agenda was released, lawmakers filed the legalization bill, which would allow adults 21 and older to possess and purchase marijuana from licensed retailers. The legislation also contains social justice provisions such as automatic expungements for prior cannabis possession convictions.
The proposal would not allow home cultivation; however, it does decriminalize the cultivation of up to three plants and six seedlings, making the offense punishable by a $50 fine without the treat of jail time.
Additionally, the bill would eliminate the gross receipts tax for medical cannabis sales, mandate that recreational dispensaries service registered patients and create a subsidy program for low-income patients to access marijuana.
Recreational cannabis sales would be taxed at nine percent, with revenue going toward that subsidy program in addition to a “cannabis industry equitable opportunity investment fund” to support entrepreneurs from communities most impacted by the drug war, a “community grants reinvestment fund” and a workplace training program, among other programs.
— NM Senate Democrats (@NMSenateDems) January 29, 2020
According to a fiscal analysis, the state stands to bring in nearly $6.2 million in recreational cannabis revenue in Fiscal Year 2021. By FY20204, that amounts would rise to nearly $34 million. Municipalities and counties would rake in additional revenues.
“Legalizing and regulating will bring one of the nation’s largest cash crops under the rule of law, generating an estimated between 11,000 and 13,000 jobs for New Mexicans in every corner of the state,” Candelaria said.
The legislation must still pass in two other panels—Judiciary and Finance—before it gets a full vote on the Senate floor.
This latest development at the committee-level is the product of months of work from legislators and the governor’s administration. Last summer, Lujan Grisham formed a working group tasked with reaching out to community members and stakeholders, studying various components of cannabis regulation and submitting recommendations ahead of the current session.
The final report, which was released in October, laid out a number of proposed rules and restrictions for a legal marijuana market.
Earlier last year, the New Mexico House of Representatives approved a bill to legalize marijuana but it later died in the Senate. Lawmakers did send Lujan Grisham a more limited bill to simply decriminalize cannabis possession, which she signed.
While it’s possible that the current committee-passed legislation will be amended as it makes its way to a full Senate vote, or that companion legislation could be changed in the House, recent polling shows that New Mexico residents are widely in favor of the general policy change. Three-out-of-four residents who participated in a state-funded survey that was released last month said they back legalization.
If all goes according to the governor’s plan, a final legalization bill will be delivered to her desk by the end of the session—and upon her signature, New Mexico would likely become the 12th state to legalize recreational marijuana.
That said, lawmakers in states across the U.S. are eyeing cannabis reform this year, and a marijuana legalization bill advanced in a New Hampshire House committee earlier on Tuesday.
Photo courtesy of Philip Steffan.
New Hampshire Lawmakers Approve Marijuana Legalization Bill
A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.
While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.
The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.
“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”
Watch New Hampshire lawmakers discuss the marijuana legalization bill below:
This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.
“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”
“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”
A floor vote by the full House of Representatives is expected on February 6.
Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.
Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.
In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.
New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.
Photo courtesy of Philip Steffan.