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Here’s Where Indiana’s US Senate Candidates Stand On Marijuana

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In this year’s U.S. Senate race in Indiana, marijuana policy has largely been a sidelined issue, with neither candidate having embraced a strong cannabis reform platform. But the Hoosier State contest is one of a small handful this year in which the Republican candidate seems at least a little more open to cannabis law reform than does the Democrat.

Incumbent Senator Joe Donnelly is among the most conservative Democrats on drug policy, while his Republican opponent, businessman and former state legislator Mike Braun, has managed to mostly dodge the issue outside of responding to pointed questions about it during debates.

As a House member prior to serving in the Senate, Donnelly voted against a 2007 amendment to shield state medical cannabis laws from federal interference. He was one of six House members to be absent from a vote on a similar measure in 2012.

Until this year, Donnelly had never added his name as a cosponsor of marijuana reform legislation in either chamber. But in June, the senator announced his support for the bipartisan VA Medicinal Cannabis Research Act, which would encourage the U.S. Department of Veterans Affairs to carry out scientific and medical research exploring marijuana’s safety and efficacy in treating veterans.

In a letter to to constituents about his cosponsorship of the bill, Donnelly wrote: “In the midst of the opioid crisis, I have heard from many Hoosiers and veterans that marijuana has the potential to help treat conditions such as chronic pain and PTSD, and I believe that we have a responsibility to look closely at safe, alternative treatments.”

Donnelly’s support for legislation pegged to veterans’ wellbeing is a fairly modest entrypoint into supporting cannabis law reform, but fellow Indiana Democrats are hopeful the senator will continue to reform his viewpoint on marijuana issues.

“Studies show again and again that legalization of medical cannabis has positive results, and it is time for Indiana and the rest of the U.S. to push our legislators to realize this,” said Mathew Bumbalough, secretary of the Indiana Democratic Veterans Caucus and chair of the its 9th Congressional district division. “I believe Senator Donnelly has the capacity to evolve on this issue, especially after announcing his support of the VA Medicinal Cannabis Research Act.”

Meanwhile, in his attempt to appeal to Indiana conservatives, Donnelly seems to have quietly backed himself into lukewarm prohibitionist waters. In another constituent letter, dated January 11, 2018, the senator spent a great deal of time skirting around the issue, listing various cannabis-related bills that have been filed, coming to the simple conclusion that he “does not believe it to be prudent to decriminalize marijuana at this time.”

“I will, however, continue to research the developments regarding its medical benefits,” he wrote.

Donnelly’s conservative distance from the marijuana issue and his failure to support broader federal legislation to reform cannabis policy have earned him a D grade from NORML.

Like incumbent Donnelly, GOP challenger Mike Braun has also been fairly moderate in his statements about cannabis law reform. But in a debate earlier this year, the former state representative voiced soft support for medical marijuana, saying that the issue should be seen in terms of “free markets and freedom of choice” for patients.

In a subsequent debate, Braun underscored his support for states’ rights on the medical cannabis issue, asserting that “states are a great laboratory” and “if a state wants to go to medical marijuana, it ought to be their prerogative.”

But Braun said he was still personally “out on the issue” of medical cannabis. While his responses to marijuana questions during the debate were been tepid, he nonetheless averted any mention of the debunked “gateway theory,” unlike his Republican primary opponents, both of whom consistently voted against marijuana measures in Congress.

While Donnelly is now cosponsoring a fairly modest cannabis research bill, his past vote against protecting state medical marijuana laws from the federal government gives some advocates pause about his newfound legislative efforts. Meanwhile, Braun’s stated support for respecting local cannabis policies indicates he might be more likely than the incumbent to back broader marijuana legislation.

That said, it is also true that the winner of the Indiana race could help determine which party ends up controlling the Senate next year. Democratic leaders have mostly indicated they are more open to advancing cannabis reform than current GOP committee chairs and Majority Leader Mitch McConnell (R-KY) have been. That being said, while neither Donnelly nor Braun has thus far treated marijuana as a key issue, Indiana constituents who value cannabis law reform have a lot to consider—the candidates’ individual positions as well as broader party dynamics—before heading to the polls in November.

Photo courtesy of Carlos Gracia.

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.

Madison is a New York/Los Angeles-based journalist on the cannabis beat. You can read her work on Herb, Rolling Stone, Merry Jane, and elsewhere.

Politics

Where Presidential Candidate Joe Sestak Stands On Marijuana

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Joe Sestak, a former congressman from Pennsylvania and three-star vice admiral in the Navy, announced on Sunday that he is launching a relatively late run for the 2020 Democratic presidential nomination.

Though his record in Congress doesn’t offer many insights into where Sestak stands on marijuana policy, he took one vote in support of shielding state medical cannabis laws from federal interference, and his current campaign site proposes reforming federal laws to facilitate research into the therapeutic potential of psychedelics.

Legislation And Policy Actions

Sestak served in Congress from 2007 to 2011. In that time, he did not proactively sponsor or cosponsor any cannabis-related legislation.

The congressman was present for a vote on just one marijuana amendment attached to a spending bill—one to protect states that have legalized medical cannabis from Justice Department intervention—and he voted in favor of the proposal, even though his state had not yet enacted its own medical marijuana law.

Quotes And Social Media Posts

It’s difficult to assess exactly where the candidate stands on marijuana in part because a scan for relevant terms on his social media posts turns up nil.

Adding to the confusion is the apparent lack of public comments about cannabis policy from Sestak—at least any comments that have been reported by media.

The Philadelphia Inquirer did publish an article in 2016 that described Sestak, a former U.S. Navy admiral, as a “longtime supporter of medical access [to marijuana]—especially for vets” but it did not quote the congressman directly. That piece also noted that his position on cannabis decriminalization is unclear.

Statements on his campaign site do provide a small window into his views on the drug war more broadly.

Sestak argued that President Donald Trump’s proposed wall along the U.S.-Mexico border would be ineffective because “most illicit trafficking of drugs, humans, and weapons, actually happens right under the noses of our border security agents” at legal ports of entry.

He also partially blamed “misguided US policies and the high demand for illegal drugs in the United States” for creating crises that leave many to flee their home countries to seek asylum in the U.S.

“Our country, which sends hundreds of millions in foreign aid to these countries, must do a better job of holding Central American officials accountable for seeing that our funds are spent effectively—and that they do not become fuel for the fires of corruption and instability,” he said.

One of the most revealing positions on drug policy that Sestak has offered also comes from his campaign site: he said that he supports efforts to combat mental health conditions and addiction, and one part of that plan involves changing “federal law to allow doctors and scientists to expand research into the potential of certain psychedelic drugs to complement traditional substance abuse and other mental health treatment.”

“Anti-drug laws should never be an impediment to sound scientific research, but especially not during a public health crisis such as this one,” he said.

Discussing veterans issues, Sestak said that the country “must learn from innovative approaches taken to reduce chronic veteran homelessness like Phoenix’s ‘housing first’ strategy in which homeless veterans are given housing before being required to prove sobriety or pass a drug test,” which also seems to indicate an openness to alternative approaches to drug policy.

Personal Experience With Marijuana

It does not appear that Sestak has publicly commented on any personal experience he’s had with marijuana.

Marijuana Under A Sestak Presidency

Though some reports indicate that Sestak supports medical cannabis reform, and he took one step to protect states that have implemented such programs during his time in Congress, there are more questions than answers when it comes to the candidate’s position on marijuana.

At the very least, his willingness to vote in favor of medical cannabis protections ahead of his state enacting a medical marijuana law should give patients in legal states some sense of comfort, although his limited record on the issue raises questions about whether he’d be willing to extend those protections to adult-use states—and whether cannabis reform would be a priority of his administration at all.

That said, the fact that he included a position on psychedelics reform on his campaign website signals that he’s cognizant of the issue and that his views on broader drug policy reform may have simply flown under the radar.

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Hawaii Marijuana Decriminalization Will Take Effect, Governor Says

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Hawaii Gov. David Ige (D), who has at times expressed serious concerns about marijuana policy reform, announced that he will allow a legislature-passed bill to decriminalize small amounts of cannabis to go into effect.

Ige didn’t include the decrim proposal in a list of legislation he intends to veto by Monday’s deadline.

Lawmakers sent the bill, which punishes possession of three grams of marijuana with a $130 fine instead of jail time, to the governor’s desk in April. As originally introduced, it covered greater amounts of marijuana in line with decriminalization policies in other states, but was watered down as it advanced through the legislative process.

Under current law, possessing cannabis is a petty misdemeanor that carries up to a $1,000 fine.

In a press conference to discuss his veto list, Ige called the marijuana legislation “a very tough call” and said went “go back and forth” on the issue before deciding to let the bill take effect.

The governor said he would have preferred if the decriminalization proposal included provisions aimed at “young people who we would want to get into substance abuse or other kinds of programs to help them deal with drug use.”

In the end, he said, he decided “it would be best not to veto that.”

Watch Ige discuss his decision not to veto marijuana decriminalization, about 23:35 into the video below:

Some legislative leaders have expressed interest in considering legislation to legalize and regulate marijuana.

Asked by a reporter about the possibility of broader cannabis reforms in Hawaii, Ige said that the state “can benefit from not being at the head of the table.”

“We continue to learn from other states about the problems that they see with recreational marijuana,” he said, echoing concerns he has about legalization and noting that he’s been discussing the possible reform with governors from some western states that have already enacted it. “We would be smart to engage and recognize what’s happening in other states, acknowledge the challenges and problems it has raised.”

Nikos Leverenz, board president for the Drug Policy Forum of Hawaii, told Marijuana Moment that Ige should be “commended” for not vetoing the bill.

“It’s also encouraging that he’s having ongoing conversations with other governors from states that have legalized adult-use cannabis,” he said. “Hawai’i can indeed learn a great deal from other states, including the enactment of social equity measures to ensure broad local participation by women, underrepresented minorities, and those harmed by the drug war.”

Also on Monday, Ige announced that he intends to veto a bill allowing medical cannabis patients to transport their medicine between islands.

“Marijuana, including medical cannabis, remains illegal under federal law. Both the airspace and certain areas of water fall within the exclusive jurisdiction of the federal government,” he wrote. “This bill may lead travelers, acting in reliance on this provision, to erroneously believe they are immune from federal prosecution.”

Another proposal on the governor’s veto list would establish a hemp licensing program.

“There are concerns that this bill creates a licensing structure that cannot be enforced, will not meet USDA requirements for an approved industrial hemp program, and creates practical problems in the enforcement of existing medical cannabis,” he reasoned.

Finally, Ige plans to veto a bill to scale back the use of asset forfeiture, which is often used against people accused of drug crimes, with the governor calling the practice “an effective and critical law enforcement tool that prevents the economic benefits of committing a crime from outweighing consequential criminal penalties and punishment.”

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USDA Sets Target Deadline To Release Hemp Regulations

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The U.S. Department of Agriculture (USDA) offered new insights into its rulemaking process for hemp regulations in a notice published in the Federal Register on Monday.

Of particular note is the deadline by which USDA is aiming to release its interim final rule for the newly legal crop: August. Previously, the department simply said it would have the rules in place in time for the 2020 planting season.

“This action will initiate a new part 990 establishing rules and regulations for the domestic production of hemp,” the new notice states. “This action is required to implement provisions of the Agriculture Improvement Act of 2018 (Farm Bill).”

The hemp update update is part of a larger regulatory agenda for various agencies that’s being released by the Trump administration.

“It is great to see that USDA is on track to complete federal hemp farming regulations this year,” Eric Steenstra, president of Vote Hemp, told Marijuana Moment.

A USDA spokesperson told Marijuana Moment in an email that the August projection is the department’s “best estimate” for when the regulations will be released. It remains USDA’s intention “to have the regulations in place by this fall to allow for a 2020 planting season.”

“However, the clearance process will dictate the actual timing of the publication,” the spokesperson said.

While USDA officials have said the department didn’t plan to expedite the regulatory process despite strong interest among stakeholders, it seems to be making steady progress so far. The department said in March that it has “begun the process to gather information for rulemaking.”

USDA has also outlined the basic elements that will be required when states or tribes are eventually able to submit regulatory plans for federal approval. Those proposals will have to include information about the land that will be used to cultivate hemp, testing standards, disposal procedures, law enforcement compliance, annual inspections and certification for products and personnel.

The new update comes about six months after hemp and its derivatives were federally legalized under the 2018 Farm Bill. But until USDA releases its guidelines, hemp farmers must adhere to the earlier rules established under a narrower research-focused provision of the 2014 version of the agriculture legislation.

While the rules are yet to be published and there are therefore some restrictions on what hemp farmers can lawfully do, USDA has clarified several policies that have already gone into effect in recent months.

The department is accepting intellectual property applications for hemp products, for example. It also explained that hemp seeds can be lawfully imported from other countries and that the crop can be transported across state lines since it’s been federally descheduled.

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