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.
White House Drug Officials Say Legal Marijuana Is Up To States
Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.
The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.
Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.
Got the answer: He believes it should be left up to the state. However, he does want to educate people on the effect marijuana has on young brain development, pregnant women and wants to come up with better guidance & testing for marijuana while driving. https://t.co/eifryNJB1j
— Kayla Sullivan (@KaylaReporting) August 14, 2019
It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.
Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.
Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”
“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”
Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.
During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”
“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”
He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”
Photo courtesy of Philip Steffan.
New Industry-Backed Marijuana Legalization Measure Filed In Florida
Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.
Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.
The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.
“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”
The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.
It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.
There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.
A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.
The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.
It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.
In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.
Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.
To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.
“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”
Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.
“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”
Read the full text of Make It Legal Florida’s marijuana proposal below:
Photo courtesy of WeedPornDaily.
Defense Department Official Stresses CBD Ban For Military Members
A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.
Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”
While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.
“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”
Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.
The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.
That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”
Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.
In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.
The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.
Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.
“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”
She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.
Photo by Sam Doucette on Unsplash.