In the race for Maine’s U.S. Senate seat, Republican State Sen. Eric Brakey has made marijuana a front-and-center issue, positioning himself as more pro-reform than his Democratic-caucusing opponent, independent incumbent U.S. Sen. Angus King.
Brakey has been particularly vocal about cannabis law reform on Twitter, where he’s articulated a clear pro-legalization stance. “I supported cannabis legalization and I have supported implementation of sales,” Brakey tweeted in one response to a constituent. “I would love to see those proceeds used to support healthcare services for our most vulnerable: our seniors and intellectually disabled.”
Brandon, I supported cannabis legalization and I have supported implementation of sales. I would love to see those proceeds used to support healthcare services for our most vulnerable: our seniors and intellectually disabled.
— Sen. Eric Brakey (@SenatorBrakey) November 8, 2017
The state senator’s support for cannabis law reform seems to stem from his loyalty to states’ rights, specifically in reference to the 10th Amendment, which details that power not delegated by the Constitution to the federal government is reserved for the states or to the people.
“In a free society, we don’t throw people in cages for life choices we disagree with,” Brakey tweeted. “Washington DC has no constitutional authority on cannabis policy and needs to leave us all alone.”
“The federal government should not be interfering when states’ economic growth comes from a substance that is only legal for adults, and poses very little danger to one’s health compared to other legal substances like alcohol,” he wrote.
Yes. The Constitution never gave Washington DC the authority to set cannabis policy in the first place. #10thAmendment means the states should decide those policies.
— Sen. Eric Brakey (@SenatorBrakey) June 4, 2018
— Sen. Eric Brakey (@SenatorBrakey) June 2, 2018
Brakey’s support for cannabis law reform goes beyond his penchant for states’ rights, and stems also from his concerns surrounding criminal justice reform. “I’ve sponsored #CriminalJusticeReform legislation in Maine to allow expungement of low-level, non-violent convictions after 5 years out with no re-offense. And I do believe we should pardon and expunge non-violent cannabis convictions,” he tweeted in June, hinting as well at the gross racial disparities inherent in the War on Drugs.
“White and blacks both use cannabis at similar rates, yet black Americans are convicted for these offenses at far higher rates. We need to rethink this whole system of throwing people in jail for victimless crimes,” he added.
You are right that we still have work to do in securing our liberties. Washington DC has no constitutional authority on cannabis policy and needs to leave us all alone.
— Sen. Eric Brakey (@SenatorBrakey) January 31, 2018
And in light of the looming election season, Brakey took a recent jab at King, as well, noting his opponent’s belated support for expanded cannabis research, two decades after the state voted to legalize the drug’s medical use.
After nearly 20 years since Maine people passed the medical marijuana law, I’m glad to hear that Angus King FINALLY supports medical marijuana research. What else is Angus King 20 years late on? #MEPolitics pic.twitter.com/kdrHRFHuxT
— Sen. Eric Brakey (@SenatorBrakey) August 20, 2018
At home in Maine, where voters legalized marijuana at the ballot box in 2016, Brakey has displayed support for cannabis legislation, such as when he co-chaired the committee that drafted a medical marijuana reform bill, which headed to the governor’s desk this past spring.
On the other hand, King, an independent who caucuses with Senate Democrats, has been less of a trailblazer when it comes to marijuana.
King has never tweeted about cannabis but he has cosponsored a handful of Senate bills related to the issue.
Among the pieces of legislation he has supported are the Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015, which would provide protections for state medical cannabis laws and make other reforms. He signed onto the current Congress’s version of the bill in June.
In July, he cosponsored the VA Medical cannabis Research Act of 2018, aimed at furthering research into the safety and efficacy of medical marijuana for veterans with PTSD and chronic pain.
“We owe it to our veterans who need medical assistance to do everything we can to help them face their challenges in healthy, productive ways, including research into alternative treatments that may help ease their pain,” King said in a statement about the legislation. “Maine’s veterans have earned nothing less than our complete support, and we must explore every possible avenue to help them.”
In 2016, he joined a bipartisan group of senators by signing onto a letter asking the U.S. Treasury Department’s Financial Crimes Enforcement Network to clarify guidance for banks that deal with cannabis businesses. “Forcing all these direct and indirect businesses to operate in cash not only creates a huge target for criminals, but also complicates the collection of state and federal taxes,” the cohort wrote. “[New guidance to banks] will not only bolster the safety of our communities, but it will also help to spur economic growth across the country.”
Also, along with nearly a third of the Senate, he cosponsored a bill to legalize industrial hemp this year.
Nonetheless, King has earned a C grade from NORML.
In 2014 a King spokesman said the senator was still holding out on supporting federal legalization, which “must be thought through carefully and comprehensively,” and that “he is interested to see the effects of legalization in places like Colorado and Washington, as data emerges that will better inform the decision-making process on this issue.”
Last year, his spokesman said that King “believes the federal government should not interfere with state laws on this issue, and instead give states the ability to make and implement policy based on the wishes of their citizens.” He added that “a growing body of evidence suggesting that cannabinoids can be effective in treating a number of conditions, such as epilepsy and cancer, and he is troubled by the administration’s recent statements indicating a desire to crack down on states where medical marijuana has been legalized.”
But the senator himself, when asked about marijuana policy by Rolling Stone last year, brushed off the question. “That was a state issue – they made the decision up there, so I’m not going to comment,” he said.
To be sure, King’s support for modest marijuana reforms has remained relatively tepid, and he hasn’t sponsored legislation to protect his state’s broader recreational legalization law from federal inferences, indicating that the issue is not among his priorities.
For Democrats who rank marijuana reform as a top issue, this election may be a tough call, with cannabis-concerned voters forced to choose between a very pro-legalization Republican and a lukewarm Democrat-caucusing independent.
It is worth noting that also running is Zak Ringelstein, a Democrat who supports decriminalizing drugs and federally legalizing marijuana, according to his campaign website and social media posts. He is, however, polling in single digits, according to public surveys—far behind King and Brakey—and doesn’t appear to enjoy strong support from national party organs like the Democratic Senatorial Campaign Committee.