March is a big month for marijuana in Illinois.
Aside from choosing between candidates vying for gubernatorial and attorney general nominations — all of whom have weighed in on the legalization debate — millions of voters in the state’s most populous county will be asked to decide for themselves whether Illinois should end cannabis prohibition.
Plus, legislation to give all of the state’s voters a chance to cast an up-or-down ballot on marijuana legalization later this year will be weighed by lawmakers at the Capitol in Springfield.
The current cannabis ballot question in Cook County is nonbinding. But because the county contains Chicago — and nearly half of the state’s total population — a strong “yes” vote on March 20 would give a huge boost to efforts to legalize marijuana that are currently being considered by state legislators.
The question reads:
“Shall the State of Illinois legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older subject to state regulation, taxation and local ordinance?”
And last week, the state Senate Executive Committee approved a measure to place a similar cannabis legalization advisory question on the state’s November general election ballot. That question would read:
“Do you support the legalization of possession and use of marijuana by persons who are at least 21 years of age, subject to regulation and taxation that is similar to the regulation and taxation of tobacco and alcohol?”
The full Senate is scheduled to consider the measure on Tuesday. If it is approved there it will go before the House in the coming weeks.
Meanwhile, candidates for governor and attorney general have repeatedly addressed cannabis policy issues, with some making legalization a centerpiece of their campaigns.
Primary elections to pick the Democratic and Republican nominees for those offices will also be held on March 20.
See below to learn how the candidates responded to a marijuana legalization question included in a new survey conducted by the State Journal-Register newspaper in Springfield, Illinois.
(Marijuana Moment has also embedded relevant tweets from some candidates.)
Daniel Biss (D)
“I support the full legalization of marijuana, including for recreational use. I voted to decriminalize marijuana in 2016 and am co-sponsoring legislation to legalize marijuana. I believe that existing marijuana policies unfairly target communities of color, tear apart Illinois families, and unnecessarily burden taxpayers with the costs of prosecuting low-level offenses. By legalizing and taxing marijuana and by exercising my commutation powers, we can keep families together and raise revenue to invest in our communities.”
We need to legalize, not criminalize cannabis. It's time for us to radically reform our justice system so that it works for the rest of us. pic.twitter.com/99b7UO1pUC
— Daniel Biss (@DanielBiss) February 4, 2018
Marijuana policy is fundamentally a question of justice. As governor, I’ll fight for legalization. pic.twitter.com/58c3uAFmhQ
— Daniel Biss (@DanielBiss) January 22, 2018
— Daniel Biss (@DanielBiss) February 25, 2018
Hey Jeff Sessions, stop trying to drag us back into the 1980's—the War on Drugs was a failed and backwards policy. It's time to stop clinging to antiquated thinking and allow states to legalize marijuana: https://t.co/CbvdNrTUVr
— Daniel Biss (@DanielBiss) January 4, 2018
Bob Daiber (D)
“I’m for it, with two caveats: I would sign legislation only if the public approves, via an advisory referendum. This most not be done for the purpose of bringing in tax revenue – otherwise the tax rate will be set so high that you risk re-creating the very black market we’re trying to eliminate, and you put the state in the position of promoting marijuana use.
“There will be tax revenue, but it is incidental to the policy itself. But prohibition has proven to be more harmful than marijuana itself, and we have people sitting in jail for non-violent drug offenses. I would commute sentences and expunge the records of those who are guilty of marijuana offenses alone.”
Fully support legalization. This is a business that has a lot of potential development. It must be a referendum voted on by the people to legalize recreational marijuana.
— Bob Daiber (@BobDaiber) February 19, 2018
Today I present to you my regulatory structure for marijuana sales in the state of Illinois. As governor of IL, I will sign legislation if the public votes in support of legalization. You deserve to know what the legal marijuana industry would look like. #ilgov #marijuana #twill pic.twitter.com/lbVvzwHUBo
— Bob Daiber (@BobDaiber) February 20, 2018
Jeanne Ives (R)
“I oppose it. Even if the revenue increase was enough to solve our budget problems – which it is not – legalizing marijuana is the wrong way to solve our budget problems. The Colorado Impact Study on the effect of legalizing marijuana found: Marijuana‐related traffic deaths increased 48 percent in the three‐year average (2013‐2015) since Colorado legalized recreational marijuana compared to the three‐year average (2010‐2012) prior to legalization. During the same time, all traffic deaths increased 11 percent. Marijuana‐related traffic deaths increased 62 percent from 71 to 115 persons after recreational marijuana was legalized in 2013. Youth past month marijuana use increased 20 percent in the two year average (2013/2014) since Colorado legalized recreational marijuana compared to the two‐year average prior to legalization (2011/2012). Nationally youth past month marijuana use declined 4 percent during the same time. Colorado college age past month marijuana use for 2013/2014 was 62 percent higher than the national average. Illinois needs real, structural reform, not quick fixes.”
“I support the legalization of marijuana but only after we have done a thorough and comprehensive review through the University of Illinois to ensure that public safety and public health are put before profit from marijuana industry. We shouldn’t let the lobbyists write the laws for legalization, it should be done with public health and safety in mind.”
Joseph, we will build a cannabis system that ensures medical availability, reduces unneeded incarceration and creates a safe marketplace for all. Thank you for your support. https://t.co/Rjx2uQMUiA
— Chris Kennedy (@KennedyforIL) February 26, 2018
“To decrease the crime rate in this state, we need to decriminalize marijuana and end the ‘War on Drugs’ and this is discussed below… I believe that marijuana should be legalized throughout the entire state, similar to the situation in Colorado, California, etc. This would generate tens of thousands of new jobs and billions of dollars in extra revenue for the State of Illinois. This new revenue should be distributed directly to property owners as a direct rebate. In this way we could relieve the high property levels in this state.”
J.B. Pritzker (D)
“I also support legalizing and taxing recreational use of marijuana, which is estimated to generate as much as $700 million a year for the state… No more studies are needed to show it’s time for Illinois to safely move forward and legalize marijuana. As governor, I will modernize drug laws and move Illinois towards a criminal justice system that gives all Illinoisans a chance to reach their full potential. Importantly, it’s time to regulate and tax marijuana to generate much needed revenue for this state. This is not a moment for a governor like Rauner who stands with Trump. Illinois needs a governor who is ready to legalize marijuana in Illinois to help reform our criminal justice system, improve consumer safety, and increase state revenue. There is an abundance of evidence that shows we can do it in Illinois in a safe way and that it will have real benefits to our state.
“Criminalizing marijuana hasn’t made our communities safer, but has disproportionately impacted black and brown communities. The criminalization of cannabis never has been and never will be enforced fairly, and it’s time to bring that to an end. To right past wrongs, we also have to commute sentences of people in prison who are there for marijuana offenses.”
Our state should legalize marijuana. This is not a moment for a governor who stands with Donald Trump. pic.twitter.com/HTHObxJU5V
— JB Pritzker (@JBPritzker) January 12, 2018
As governor, I will stand up to Donald Trump’s attacks on Illinois communities, legalize marijuana, and modernize sentencing guidelines to create a criminal justice system that gives all Illinoisans a chance to reach their full potential.
— JB Pritzker (@JBPritzker) January 4, 2018
Bruce Rauner (R) — Incumbent
“I do not support the legalization of recreational marijuana. There are too many unknowns – let’s let other states conduct this particular experiment so we can fully understand the consequences before we make this decision in Illinois.”
ATTORNEY GENERAL CANDIDATES:
Scott Drury (D)
“I firmly believe Illinois will legalize marijuana in the near future, and I support that effort. It is important for Illinois to act responsibly in its move towards legalization. The licensing process must be open and transparent to prevent insiders, cronies, and organized crime syndicates from gaming the system. Further, there must be a concerted effort to protect and educate our children. As a parent, I see the impact legalization is having on the mindset of children – that is, they believe it has no harmful consequences. Additionally, as Attorney General, I will advocate for the federal government to allow banks to accept deposits from marijuana dispensaries and growers. Public safety is threatened when people can only conduct business in cash.”
Sharon Fairley (D)
“I support the legalization of marijuana so long as we are careful about regulating its use and distribution so as to ensure public safety. As attorney general, I would provide guidance to the legislature and law enforcement based on the best practices established by the handful of states that have already fully legalized marijuana.”
Aaron Goldstein (D)
“I believe marijuana should be legalized. One doesn’t have to be a user of marijuana to understand that the war on drugs—and the criminalization of marijuana in particular—has been an abysmal failure. Far too many of our citizens have been convicted and imprisoned for using marijuana, although little evidence exists to support our draconian drug laws. Ironically, rather than helping our citizens, criminalization of marijuana has encouraged the development of a huge and chaotic black market, with its inevitable consequences of gang violence and harm to many innocent bystanders.
“For these reasons, and based on the experience of other states that have legalized marijuana, I believe it is time to legalize marijuana in Illinois as well. It should be regulated—based on clear scientific evidence—to ensure that legal pot does not create any significant health or public safety risks to the people of Illinois and that the marijuana industry is run fairly and lawfully. As Attorney General, I will consult with attorneys general from states that have legalized marijuana to ensure that Illinois adopts best practices in the production, distribution and sales of marijuana, and that any tax revenue Illinois derives from the sale of marijuana is used for purposes that benefit all the people, not just the few who are politically connected.”
Gary Grasso (R)
“I have taken a strong stance on the opioid addiction issue. I could not in good conscience condone the legalization of marijuana and I would use the power of the Office of Attorney General to advocate against legalization of recreational marijuana. Marijuana is a gateway drug. It seems pretty clear to me that legalization of marijuana would lead to more problems associated with drug abuse.”
Erika Harold (R)
“Relevant stakeholders should begin the process of methodically analyzing and negotiating appropriate safeguards and regulatory frameworks for the legalization of marijuana for adult use in Illinois. This process should be approached with particular attention paid to protecting minors, providing sufficient mental health and substance abuse services, existing federal law and directives, and providing for proper testing protocol and equipment in marijuana-related automobile accidents. If approached in a thoughtful and deliberate manner, legalization should enable law enforcement officials to redirect their time and resources towards addressing more critical issues (such as the opioid epidemic), expand Illinois’ tax base, and decrease the number of people serving sentences for non-violent, marijuana-related offenses.”
Renato Mariotti (D)
“Our prisons are operating at 134 percent capacity, and there are nearly 43,000 individuals behind bars. Illinois will spend over $1.4 billion in the 2017 fiscal year incarcerating its citizens. Imprisoning non-violent marijuana users is not only morally misguided but a tremendous waste of resources. I support the legalization, regulation and taxation of marijuana, with one important caveat. We need strict safeguards in place to prevent this from becoming another insider industry in Illinois where the privileged and politically connected succeed to the detriment of working people and small businesses.”
Pat Quinn (D)
“I support legalization of recreational marijuana so long as strict requirements are put in place to regulate its production, distribution and retail sale in order to ensure that health and safety are protected, avoid corruption, and ensure that applicable taxes are paid. When I was Governor, I signed the bill to legalize medical marijuana.”
Kwame Raoul (D)
“Illinois has moved in the direction of legalization by way of supporting the use of medical marijuana and expanding upon that to cover more ailments. We have also moved to decriminalize possession of small amounts for personal use. The logical extension of these policies is to move toward legalization in a manner that appropriately regulates manufacture and distribution while taxing it capture the new economic activity that would accompany recreational use.”
Nancy Rotering (D)
“The benefits of legalizing recreational marijuana outweigh the negatives. Legalizing recreational marijuana would significantly reduce prison crowding and lower the cost of law enforcement. Over 80% of drug-related arrests nationwide between 2001 and 2010 involved amounts for personal use only. Like alcohol, recreational marijuana should be regulated. It should not be sold to people under 21, its production should be regulated to ensure quality and diminish risks, and technology needs to be developed to assess drivers’ capacity and use, similar to breathalyzer tests for field use purposes.
“Illinois, along with 28 other states, passed legislation creating a medical cannabis program permitting patients with debilitating medical conditions to register with the state in order to access marijuana for medical use. As Illinois’ Attorney General, I would defend the state against any federal intrusion, and work to ensure that patients with medical conditions – including people with cancer, those who live with seizures, or veterans with Post-Traumatic Stress Disorder – can continue to access the care they need. I would also pursue the feasibility of banks handling payments and related finances to ease the ability of patients to pay for their medication.”
Jesse Ruiz (D)
“I fully support legalization of recreational adult use in Illinois. As Attorney General, I will take every action available under law to protect Illinois’ right to make its own decisions about the legality of marijuana. I deplore U.S. Attorney General Jeff Sessions’ recent shortsighted decision to revoke the Obama Administration’s guidance on deferring to the states on marijuana enforcement. By rescinding the directive and offering nothing to take its place, Sessions has simply created chaos. I am especially concerned by the impacts of his actions on medical marijuana. The states have made it clear that legalized medical marijuana is supported by the vast majority of Americans. Especially as our nation confronts the horrifying opioid epidemic, it is critically important to find safe, effective alternatives for pain relief. Quite frankly, I cannot understand why Sessions would take an action that has triggered so much uncertainty throughout the industry and brought anxiety to patients who have come to rely on safe medical-grade cannabis products.
“If the General Assembly legalizes adult recreational use of marijuana in Illinois, I will work closely with the Legislature to develop a procedure to expunge the records of Illinoisans who have cannabis convictions on their records. I believe that California’s Prop. 64 offers a useful roadmap for petitioning to have their prior convictions reclassified or dismissed. Once a new law has been passed, I will hold a summit of county state’s attorneys and public defenders to begin the petition process for people who are being held by the Illinois Department of Corrections for marijuana-related crimes. Once an adult use bill is passed, Illinois should not be spending millions of dollars to incarcerate people for a crime that no longer exists.”
Photo courtesy of Democracy Chronicles.
Three Major Cannabis Reform Bills Are Heading To The Texas House Floor
A Texas House committee unanimously approved a bill on Wednesday to expand the state’s medical marijuana program by adding over a dozen health conditions that would qualify patients for participation. And additional cannabis-related legislation is on the horizon, too, with lawmakers in position to potentially vote on marijuana decriminalization and hemp legalization in short order.
Under the medical marijuana bill, patients with cancer, autism, post-traumatic stress disorder, Alzheimer’s, Parkinson’s, Huntington’s disease, amyotrophic lateral sclerosis, Tourette syndrome, Crohn’s, ulcerative colitis, muscular dystrophy and multiple sclerosis would qualify to access cannabis. Patients who experience certain side effects such as severe nausea from conventional therapies would also be able to get medical cannabis.
That would mark a significant expansion of the state’s currently limited medical marijuana system, which only allows patients with intractable epilepsy who’ve exhausted their pharmaceutical options to access cannabis. Finding a specialist doctor to make the recommendation has been another challenge, which further explains why the program has roughly 600 registered medical marijuana patients in a state of about 29 million people.
“Overall, we’re really pleased to see unanimous support for the legislation out of the public health committee,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “Legislators are taking this issue more seriously now than every before, and they’re responding to their constituents who want to see these laws changed.”
Fazio said she was especially encouraged that the legislation, which currently has more than 50 authors and coauthors, would establish an in-state research panel to study medical cannabis.
All that said, reform advocates aren’t entirely satisfied with the bill as it was amended. While the expansion would be a welcome development, lawmakers scaled back the proposal so that the 0.5 percent THC cap for medical cannabis products under current law would remain in place, whereas the original bill would have lifted it.
Additionally, there are concerns about certain terminology in the bill. Advocates hoped lawmakers would use the word “recommend” instead of “prescribe” when it comes to the doctor’s role in the program because “prescribing” marijuana could jeopardize health professionals given federal restrictions. That said, the legislation does define “prescription” in a way that offers some protections at the state level.
The bill now heads to the House Calendars Committee, where it will await placement on the agenda for a full House floor vote.
Texas might not seem like the most obvious destination for cannabis reform, but state lawmakers have become increasingly interested in tapping into the issue. Earlier this month, three House committees discussed a total of 11 cannabis-related bills—from decriminalizing marijuana to regulating hemp—in a single day.
A decriminalization bill advanced out of the House Criminal Jurisprudence Committee in a 5-2 vote last month. It’s possible that that legislation, which currently sits in the Calendars Committee, could receive a full House floor vote as early as next week. However, lawmakers are looking at multiple decriminalization bills that have been introduced this session and may decide to advance a different version.
Meanwhile, another cannabis bill is already scheduled to be debated in the full House next week. The legislation, introduced by Rep. Tracy King (D), would legalize hemp and its derivatives like CBD. The House Agriculture and Livestock Committee voted unanimously to advance the legislation earlier this month.
New: State Rep. Tracy King's bill which which would establish a hemp growing program in Texas and legalize hemp and hemp-derived products that contain <0.3% THC will get debated Tuesday in the House. #txlege
— Alexandra Samuels (@AlexSamuelsx5) April 18, 2019
“We’re seeing that policymakers are finally catching up with public opinion and where their constituents stand on this important issue that has affected so many live and families and communities over the last nearly a century,” Fazio said. “Thankfully people are having meaningful conversations about how current policies are failing and new ways that we can move forward. ”
Photo courtesy of Mike Latimer.
People Could Use Marijuana In Public Housing Under New Congressional Bill
People living in federally assisted housing would be allowed to use marijuana in compliance with state law under a bill introduced by Rep. Eleanor Holmes Norton (D-DC) on Thursday.
Current law prohibits those who use a federally illicit substance from being admitted into public housing, and landlords are able to evict such individuals. The congresswoman’s legislation is designed to protect people living in public housing or Section 8 housing from being displaced for using cannabis in states that have legalized for medical or adult use.
“Individuals living in federally funded housing should not fear eviction simply for treating their medical conditions or for seeking a substance legal in their state,” Norton said in a press release. “Increasingly, Americans are changing their views on marijuana, state by state, and it is time that Congress caught up with its own constituents.”
“With so many states improving their laws, this issue should have broad bipartisan appeal because it protects states’ rights,” she said.
The bill would also require the head of the Department of Housing and Urban Development (HUD) to enact regulations to restrict smoking marijuana at these facilities in the same way that it does for tobacco.
Norton introduced an earlier version of the Marijuana in Federally Assisted Housing Parity Act last year, but it did not receive a hearing or vote.
At least one HUD official, who oversees New York and New Jersey, has signaled an interest in amending federal law so that people who use cannabis retain the ability to live in federally assisted housing. Regional officer Lynne Patton tweeted last year that “[s]tate & federal law needs to catch up with medicinal marijuana usage & require private landlords to legally permit the same. Period.”
Photo courtesy of WeedPornDaily.
Hundreds Of People Are Sending CBD Comments To The FDA
The Food and Drug Administration (FDA) announced earlier this month that it was accepting public comments on CBD regulations, and more than 400 people have already made their voices heard.
Comments published on Regulations.gov range widely in subject matter, but the main theme running through them is that regulations should be light and companies should be able to lawfully market products containing cannabidiol. Many added that marijuana in general should be legalized, even though the agency did not request that people weigh in on that broader issue.
The comment period was designed to help inform an upcoming public hearing on CBD regulations that the FDA is holding on May 31. Amy Abernethy, principal deputy commission of the FDA, tweeted a link for stakeholders to register for the hearing on Wednesday.
Are there particular safety concerns re: products with cannabis/cannabis-derived compounds? How does the mode of delivery (e.g., ingestion, absorption, inhalation) affect the safety & exposure? Comments/data on important issues like these can help inform FDA reg. oversight.
— Dr. Amy Abernethy (@DrAbernethyFDA) April 17, 2019
We’re seeking input re: FDA’s reg. strategy for existing products, lawful pathways by which appropriate products containing cannabis/cannabis-derived compounds can be marketed & how to make them more predictable/efficient. Register or submit to the docket: https://t.co/xISRzDgN1S pic.twitter.com/maBllYjr3O
— Dr. Amy Abernethy (@DrAbernethyFDA) April 17, 2019
The FDA listed out several questions mostly concerning the safety of cannabis-derived products, how to enact quality control measures and what “validated analytical testing is needed” to ensure that CBD is manufactured in a consistent manner.
David Mangone, director of government affairs at Americans for Safe Access, offered some tips on how to submit effective comments in an earlier interview with Marijuana Moment, and one of the takeaways was that the FDA is primarily interested in receiving scientific evidence that addresses the agency’s specific questions—as opposed to personal anecdotes about CBD use.
Some, like Matthew Lubeck, followed that advice. He commented that CBD should be allowed into the food supply because “the bioavailability and reactiveness within the human body and the cannabinoid system” isn’t ideal when the compound is isolated.
Brent King offered an assessment examining the potential use of CBD as an exit drug from addictive substances such as opioids. He cited a study that showed reduced opioid overdoses in states that have loosened marijuana laws as an example.
“The gateway theory falls victim to the mistaken assumption that correlation alone implies causation,” King said. “Using the same logic, one could argue that drinking milk is a gateway to illicit drug use since most people who use illicit drugs also drank milk as young people.”
Others raised questions about the CBD market as it exists today—unregulated by the FDA as the agency continues to weigh possible options to allow hemp-derived CBD into the food supply or as dietary supplements. An anonymous comment expressed concerns about product consistency across companies that are already selling CBD, arguing that “variance from product to product is confusing” and makes it difficult to “make an informed decisions” about what products to use.
“The public needs protection from unscrupulous companies goals to get rich,” the person wrote.
All that said, most comments did not adhere to Mangone’s or the FDA’s guidelines. The vast majority of comments were anecdotal and individualized. People suffering from conditions such as anxiety, pain, post-traumatic stress disorder and insomnia urged the FDA to loosen restrictions on CBD, describing their own life-changing experience with the product. Several others talked about the health benefits of CBD that they observed in pets.
While that might not be what the agency asked for, that doesn’t change the fact that there is a broad consensus among those who took the time to comment: CBD is safe and has proven medical value, and people should be allowed to freely access it.
It’s not that simple from the FDA’s perspective, however. Former Commissioner Scott Gottlieb has repeatedly stressed that because CBD exists as an FDA-approved drug (Epidiolex) and hasn’t previously been introduced to the food supply, there’s no clear regulatory framework to put it through, even if that was the intention of the 2018 Farm Bill that legalized hemp and its derivatives.
Gottlieb has told members of Congress that additional legislation may be required to provide for the marketing of CBD, or else it may take years before the FDA can identify an alternative regulatory pathway. In the meantime, the FDA is taking a “risk-based” approach to enforcing laws governing CBD marketing that involves cracking down on companies making unsanctioned claims about the health benefits of their CBD products.
Federal requests for public input on cannabis-related policies are nothing new. Thousands offered their perspective on marijuana scheduling under international treaties when the FDA requested feedback on that issue last year. More recently, another federal agency solicited studies from the public on how cannabis can treat symptoms of Alzheimer’s disease.
Photo courtesy of Rick Proctor.