Former Vice President Joe Biden reaffirmed that he’s opposed to legalizing marijuana without further studying its potential health risks.
In an interview with The New York Times editorial board that was published on Friday, the 2020 Democratic presidential candidate was asked to explain his “more moderate approach” to cannabis policy when nearly all of his primary opponents, as well as the public, have embraced broad legalization.
“Because I think science matters,” he said. “I mean one of the reasons I’m running against the guy I’m running against is science matters, not fiction.”
He also said that he’s not arguing that marijuana is a gateway drug—something he did indicate might be the case last year, though he walked it back after facing pushback and being attacked for the statement on a debate stage.
“What I’m arguing is there have been studies showing that it complicates other problems if you already have a problem with certain drugs,” Biden said. “So we should just study it and decriminalize it, but study it and find out. Get the medical community to come up with a final definitive answer as to whether or not it does cause it. If it does cause other problems, then make it clear to people. So that’s a place you don’t not engage in the use of it.”
The former vice president’s marijuana reform plan involves rescheduling the plant to make it easier for researchers to access, decriminalizing simple possession and expunging prior cannabis records.
A member of the Times editorial board noted that marijuana is legal in some form in a majority of states, to which Biden said, “Sure they have. I get that, but that doesn’t mean the science shouldn’t be looked at.”
The former vice president has previously said that states should be able to implement their own legalization laws without federal interference.
Asked whether he’d support legalizing cannabis while simultaneously encouraging research into it, the candidate said “no.”
“Why would you promote the science if the science would say it’d be a bad idea to legalize it? You’ve got to find out the facts first,” he said.
“But by the way, let’s get something straight here. I’ve argued for some time total decriminalization. Anyone who has a record, it should be immediately expunged. So when you come to work for The New York Times, and they ask you if you have any problems, any criminal arrests, you don’t have to say yes, because it will be completely expunged. And in fact, there should be anyone who is in fact, has been served any time in prison or is in prison, which a few people are these days, that they immediately be released, and the record totally expunged.”
Earlier in the interview, Biden was asked to reflect on “anything that you have changed your mind about,” and he brought up his record on criminal justice reform—particularly his role in crafting punitive anti-drug laws aimed at crack cocaine as a senator during the Reagan administration.
“I made a big mistake in the criminal justice side when I—it’s easy to forget it now—but when, all of a sudden, crack was introduced as a great threat to the United States of America,” he said.
“And you had medical folks at the time saying, well, crack, because it immediately penetrates the membrane of the brain and it goes straight to the brain, it’s going to have this long-term effect,” he continued. “So we bought on to the idea that crack somehow should be punished much more significantly than, in fact, powdered cocaine. Well, what it meant was somebody snorting powder in the party you guys go to.”
Under the Anti Drug Abuse Act that Biden helped draft and was an original cosponsor for, crack offenses were made 100 times more severe than powder cocaine, leading to rampant racial disparities in the criminal justice system.
“But it’s put a lot of people in jeopardy, put them in jail, and it’s had a disproportionate impact on minority communities, particularly African-American communities. I sorely regret that,” he said, adding that while serving as vice president under President Obama, he advocated for legislation that reduced the sentencing disparity somewhat.
“We’ve also learned a lot more about drug abuse overall. It used to be that we thought—I’ve spent a lot of my career in the Judiciary Committee dealing with this issue,” he said. “We used to argue—and you tell me when I’m going longer than I should—we used to deal with it in terms of we thought that mental illness was a product of drug abuse. It’s the reverse. Mental illness is the reason for drug abuse. It’s not the reverse.”
“And that’s why, when I wrote the crime bill that everybody for a while there thought that was a massive reason for massive incarceration, which it wasn’t, I might add,” he said. “But what happened was I put in that bill, at the time, drug courts to try to divert anyone arrested for a drug offense to a drug court for rehab, not to go to jail.”
Photo courtesy of Flickr/Marc Nozell.
New York Legal Marijuana Push ‘Effectively Over’ For 2020, Governor Says
New York Gov. Andrew Cuomo (D) conceded on Saturday that it’s unlikely marijuana will be legalized in the state this year.
“Marijuana and the gig economy were two of the more complicated initiatives that we wanted to work through that we didn’t get a chance to do,” he said in response to a question about which policy issues he would’ve liked to tackle in the annual budget bill that passed this week.
“Is the session effectively over? It’s up to the legislature, but I think it’s fair to say it’s effectively over,” he added, noting that several state lawmakers have been infected with coronavirus.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Congresswoman Wants Ban On DC Marijuana Sales Lifted Through Coronavirus Legislation
A congresswoman is calling on the government to end a policy prohibiting Washington, D.C. from legal marijuana sales, arguing that the jurisdiction is in particular need of tax revenue from cannabis commerce due to the coronavirus outbreak.
Rep. Eleanor Holmes Norton (D-DC) has repeatedly condemned the congressional rider barring the District of Columbia from allowing retail sales that has been extended each year since 2014, shortly after local voters approved a ballot measure to legalize low-level possession and home cultivation. But given the need for resources to combat the pandemic, she said a reversal of the provision should be included in the next COVID-related relief bill.
“At this moment of unparalleled need, D.C. should be able to collect tax revenue from all available sources, like every other jurisdiction, including from recreational marijuana, which is believed to be widely used in the District,” the congresswoman said in a press release on Friday, adding that D.C. was shorted in the last stimulus because Congress treated it as a territory rather than a state.
“While I am working for a retroactive fix in the next coronavirus bill, it is imperative that Congress also repeal the D.C. recreational marijuana commercialization rider in the next bill to help D.C. shore up its finances,” she said. “It is beyond unreasonable that congressional interference keeps only the District from commercializing recreational marijuana, while all other jurisdictions are free to do so.”
— Eleanor Holmes Norton (@EleanorNorton) April 3, 2020
“Bringing the District in line with other jurisdictions would create a critical source of tax revenue in our time of need.”
Last year, the House approved an appropriations bill that excluded the D.C. rider, but it was included in the Senate version and ultimately made its way into the final package that the president signed. The cannabis commerce ban was also included in President Trump’s budget proposal earlier this year.
“True to form, Representative Eleanor Holmes Norton continues to be one of the best allies to the cannabis reform movement,” Justin Strekal, political director for NORML, told Marijuana Moment. “During this unprecedented COVID-19 outbreak, it is critical that lawmakers analyze and reform any and every aspect of public policy to mitigate the health crisis and build a foundation for a strong recovery.”
“As the majority of states that regulate cannabis have deemed the industry essential to the continued functioning of their jurisdictions, the continued congressional prohibition of the District of Columbia enacting it’s own adult-use program becomes even more ridiculous,” he added.
Norton, in an interview about her push, said that the congressionally mandated prohibition on sales doesn’t prevent people from accessing cannabis but does block the city from collecting tax revenue.
“You can buy two ounces but, by the way you’ve got to do that on the black market,” she told WUSA-TV. “But there’s nobody to tax it. And I’m simply trying to get the taxes the District is due for merchandise, in this case marijuana that’s being consumed readily in the District of Columbia.”
🟢🟢 LEGALIZING COMMERCIAL MARIJUANA IN D.C. 🟢🟢
I spoke to D.C.'s Delegate @EleanorNorton
She's pushing for fully legal commercial marijuana sales in the District in a 4th Congressional stimulus package.
The District needs the money.
And people are smoking weed anyway. pic.twitter.com/PL9yoDKlrj
— Adam Longo (@adamlongoTV) April 3, 2020
Legislative priorities for Congress have shifted significantly as lawmakers attempt to address the outbreak, and that’s meant putting some reform efforts on hold. However, the issue isn’t being ignored entirely, and it’s possible that other members may look to attach modest marijuana proposals to additional coronavirus legislation.
For example, Rep. Katherine Clark (D-MA) said this week that U.S. Department of Veterans Affairs policy preventing its doctors from recommending medical cannabis in legal states puts service members at risk in Massachusetts because the state is shuttering recreational shops (but not medical dispensaries) and some veterans fear registering as patients out of concern that they could lose federal benefits.
Eleven senators wrote a letter to Appropriations Committee leadership asking that they allow small cannabis businesses to access federal loans and disaster relief programs. While the lawmakers said it should be enacted through an annual spending bill, advocates have argued that the policy change should be pursued through coronavirus legislation since these businesses are facing challenges just like those experienced by many other companies during the pandemic.
Photo courtesy of WeedPornDaily.
North Dakota Activists Say Marijuana Legalization Initiative Unlikely In 2020 Due To Coronavirus
North Dakota activists announced on Thursday that they are suspending their campaign put marijuana legalization on the November ballot due to the coronavirus outbreak.
In a Facebook post, Legalize ND said “we are going to have to face a few hard realities going forward” as businesses are shuttering, public events are being cancelled and individuals are encouraged to shelter in place. The pandemic means in-person signature gathering can’t take place, and the state does not allow for alternative signing options such as by mail or online.
“Due to the virus all of our major avenues for signature collection have been cancelled or indefinitely postponed, and going door to door is not safe for both those knocking and those getting knocked,” the group said. “Businesses will continue to collect, but we don’t want to create another vector for the coronavirus. As a result, at this time if something major doesn’t change we will not be able to make the 2020 ballot.”
Legalize ND said there’s no way for state policies related to signature gathering to be changed ahead of the November election. They needed to collect 13,452 valid signatures from voters before July 6 in order to qualify. In all likelihood, the campaign said it would have to shift its focus to the July 2022 primary election.
“This isn’t the solution we want, but given the situation it is what will have to happen,” the post states. “Stay safe, and hopefully we can make a major push when the quarantine ends.”
The proposed initiative would allow individuals to purchase and possess up to two ounces of cannabis. Unlike a much more far-reaching measure the same group pushed in 2018 that included no possession or cultivation limits, which voters rejected, this version would prohibit home growing, impose a 10 percent excise tax and establish a regulatory body to approve licenses for marijuana businesses.
North Dakota voters approved a medical cannabis initiative in 2016.
The coronavirus outbreak has dealt several blows to drug policy reform efforts in recent weeks.
Likewise in Washington, D.C., advocates for a measure to decriminalize psychedelics asked the mayor and local lawmakers to accept online signatures for their ballot petition.
In Oregon, advocates for a measure to decriminalize drug possession and a separate initiative to legalize psilocybin for therapeutic purposes have suspended in-person campaign events amid the pandemic.
In New York, Gov. Andrew Cuomo (D) recently conceded that legalization was “not likely” going to happen through the budget, as he hoped. Coronavirus shifted legislative priorities, and comprehensive cannabis reform seems to have proved too complicated an issue in the short-term.
Idaho activists announced on Thursday that they are suspending their campaign, though they are still “focusing on distributing petitions through online download at IdahoCann.co and encouraging every volunteer who has downloaded a petition to get them turned in to their county clerk’s office by mail, regardless of how many signatures they have collected.”
Finally, in Arizona, a legalization campaign is petitioning the state Supreme Court to instruct the secretary of state to allow individuals to sign ballot petitions digitally using an existing electronic system that is reserved for individual individual candidates seeking public office.
Photo courtesy of Philip Steffan.