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.
Senators Cite Marijuana Arrests Of U.S. Citizens In Border Patrol Oversight Request
Three senators requested a review of Border Patrol immigration checkpoint actions on Tuesday, citing a past report that found a significant number of searches and seizures were executed against U.S. citizens for low-level marijuana possession.
The request to the Government Accountability Office (GAO) outlines a number of data points concerning checkpoint enforcement that the senators say are necessary to collect in order to assess compliance with the Fourth Amendment. That includes information on rationale for checkpoint stops, data collection and protocol for searches.
“In 2017, the GAO published a report that looked at, among other things, the Border Patrol strategy of placing and utilizing immigration checkpoints generally between 25 and 100 miles from the border,” Sen. Patrick Leahy (D-VT) wrote in a letter to Comptroller General Gene Dodaro. “As a result of this review, the GAO found that 40 percent of checkpoint seizures were from U.S. citizens for one ounce or less of marijuana.”
Though the letter—which was also signed by Sens. Patty Murray (D-WA) and Gary Peters (D-MI)—didn’t specifically request information on marijuana seizures, it did inquire about the number of U.S. citizens apprehended and the reason for their arrests. It also asks, “How frequently does the agency analyze trends in drug seizures and apprehensions to evaluate its priorities at each checkpoint?”
“Comprehensive data on who receives additional screening at checkpoints, and the reasonable suspicion that undergirds these encounters, searches, and seizures, is fundamental to understanding if and how Border Patrol abides by constitutional limits,” the letter states.
Leahy and Murray also called for the collection of data on “the quantities of drugs detected” during canine checkpoint searches in legislation the pair reintroduced last month.
“Unless a government agent has a legitimate reason to stop and search you—a reasonable suspicion or probable cause—Americans should not be subject to questioning and detention for merely going about their daily lives,” Leahy said in a press release. “The Trump administration cannot be trusted to use its finite resources in a way that protects our civil liberties and reflects our values.”
It’s not clear if cannabis seizures for U.S. citizens remain prominent at immigration checkpoints since the 2017 report was released, but one thing that the Customs and Border Protection has made clear is that it doesn’t matter if a stop takes place in a state that’s legalized marijuana—it enforces federal law.
That applies to instances of illicit drug trafficking across the border, too. But as more states like California have legalized cannabis, border agents have seized less and less marijuana.
Congressman Tells Joe Rogan He Backs States’ Marijuana Rights But Actually Voted Against Them
Joe Rogan debated the merits of marijuana legalization on Tuesday with a Republican congressman who ultimately conceded that medical cannabis should be federally legal and states should be empowered to set their own legalization policies.
But neither Rogan nor Rep. Dan Crenshaw (R-TX) mentioned the fact that he recently voted against a House amendment to shield state marijuana laws from federal interference and has not added his name as a cosponsor of several pending medical cannabis bills.
The congressman, a former Navy SEAL, didn’t rule out the possibility of coming around to endorsing adult-use legalization but voiced several concerns about the prospect, including underage usage, the lack of technology to detect impaired driving and reduced productivity.
“I can be convinced, but I’m not there yet,” he said on The Joe Rogan Experience podcast. “I’m definitely more open to just the federal legalization of medical marijuana and all the benefits that come with that. On the recreational side, I’m happy to leave that up to the states.”
“My issue with recreational marijuana still—and this is not a strong opinion I have, this is not a hill I’m dying on by any means—but if we’re going to change it, I want to understand what the point is, what the benefits are of it recreationally,” he said. “I understand the benefits medically very well, but I want to understand the recreational benefits and I want to see how this data plays out in places like California and Colorado.”
Rogan emphasized that alcohol is federally legal despite risks to young people, but Crenshaw, an avowed scotch fan, said his “counter is simply this: the alcohol issue is out of the bag” and that we’re “never going to put that back in.”
“My point is this: there’s a normalization that occurs when you legalize something,” the congressman said. “What you’ve done though is you normalized it for teenagers. There’s a lot of people who can just live their lives extremely productively and smoke pot a lot. And there’s a lot of people who can’t and there’s a lot of people who don’t.”
“Those people are lazy bitches,” Rogan said.
“Don’t you have to drink way more scotch to get even close to the basic cognitive incoherence that you’d be with just one bite of a brownie?” Crenshaw asked.
“You would, but not me,” Rogan said. “I smoke pot all the time. I could have smoked pot before this podcast and had the exact same podcast. I could have had several hits. If I gave you several hits, you’d be obliterated.”
“On a personal level, I’m just not opposed to what you’re saying at all,” Crenshaw said. “From a policy level though I just look at things different.”
That stance is reflected in the freshman congressman’s record. Despite voicing support for medical cannabis and leaving recreational legalization up to the states, he’s declined to cosponsor any legislation on the former issue and proactively voted against an amendment to protect states that legalize marijuana for adult use from federal intervention.
(On another drug policy issue near and dear to Rogan that didn’t arise during the interview, Crenshaw also voted against an amendment from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed barriers to research on the benefits like psilocybin and MDMA.)
Crenshaw said his perspective wasn’t formed out of naivety and that he tried marijuana and didn’t like it. He also argued that cannabis “does reduce productivity I think more than alcohol does.”
“As a policymaker, I have to look at the whole situations. I see people like you and you’re like you’d be fine, why not?” he said. “But I do have to take into account the entirety of the situation and ask myself, ‘well, what is the benefit to society doing this?'”
Rogan said that marijuana facilitates community bonding and makes people happier—to which Crenshaw responded “I don’t know, I think alcohol is much more of a social lubricant—it definitely makes you meaner too—but I mean as far as getting along with people and interacting with human beings.”
“I’m not dying on this hill. I have questions, and those questions are unanswered,” he said, adding that the “bottom line is that’s a state decision” to legalize recreationally.
“As far as the battles that we should fight at the federal level, we’ve got to start with the medical side. I think the science is clear there,” he said.
“Another reason I’m a Republican is because I believe in somewhat slower policymaking too. These conversations have to play out in society and we don’t always need to solve the problem right away. I think the medical conversation is the one we should be fighting for. I think the recreational side is a few steps beyond that. We’ll get to know and we’ll know more.”
Later in the podcast, Crenshaw defended the broader war on drugs and argued that “you might feel like you’re losing all the time, but you’re mitigating” drug use through prohibition enforcement.
Photo courtesy of YouTube/Joe Rogan Experience.
New York And Connecticut Governors Talk Marijuana Legalization On Fishing Trip
The governors of New York and Connecticut went fishing and talked about marijuana legalization on Tuesday.
The conversation comes after lawmakers in both states were unable to pass legalization legislation before their respective sessions’ ends this year, despite having the support of New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D).
“We talked about policy issues like the marijuana issue, which is obviously also relevant to contiguous states,” Cuomo said at a press conference following the fishing trip. “What Connecticut does on marijuana is relevant to New York, what New York does is relevant to Connecticut so we talked about that and a lot of issues. So we had fun.”
Watch Cuomo’s marijuana comments at about 5:00 into the video below:
Cuomo had described legalization as a top legislative priority for 2019 and included it in his state budget proposal. But after months of negotiations with lawmakers, the plan fell through, due in part to disagreements about how to allocate tax revenue and whether to allow individual jurisdictions to opt out of allowing cannabis businesses.
The governor did sign legislation in July that expands the state’s marijuana decriminalization policy and provides a pathway for expungements of past marijuana convictions.
Over in Connecticut, Lamont campaigned on legalization during his election bid last year and described it as one of his administration’s “priorities” after he took office. But as with neighboring New York, the legislature failed to advance a legalization bill beside multiple successful committee votes and hearings throughout the year.
The specifics of what the governors talked about during their fishing expedition on Lake Ontario aren’t clear, but both are presumably gearing up for another round of legislative efforts marijuana over the coming year and could take lessons from each other as reform talks continue.
Another East Coast state, New Jersey, has also struggled to move legalization legislation forward, with lawmakers saying that the issue should be taken up by voters in 2020 rather than pushed through the legislature, though there has been discussion lately about another try at moving a bill before year’s end. Gov. Phil Murphy (D) did sign a decriminalization and expungements bill in May, however.
Photo courtesy of CBS 6.