Former Vice President Joe Biden said during Thursday’s Democratic debate that marijuana offenses should be treated as misdemeanors—a position that puts him sorely out of step with every other presidential primary opponent on the debate stage, all of whom are calling for outright cannabis legalization.
“Nobody who got in prison for marijuana, for example—immediately upon being released, they shouldn’t be in there.” he said. “That should be a misdemeanor.”
“They should be out and their record should be expunged. Every single right should be returned,” he said. “When you finish your term in prison, you should be able to not only vote but have access to Pell grants, have access to be able to get housing, have access to be able to move along the way.”
Biden previously called for cannabis decriminalization as part of his criminal justice plan, but his statement about making marijuana offenses misdemeanors could cause some confusion given that, in many but not all cases, misdemeanor offenses carry the possibility of jail time. He did say at one point that nobody should be incarcerated for a non-violent crime, however.
Biden also said that “nobody should be in jail for a drug problem” and that the country should invest more in “rehabilitation centers, not prisons.”
“We have to change the whole way we look at this,” he said.
NORML was quick to challenge Biden’s response, writing on Twitter that “you just said marijuana should be a misdemeanor. You couldn’t be more wrong.”
We haven't forgot your role in mass incarceration and mandatory minimums.
— NORML (@NORML) September 13, 2019
“It should be LEGAL,” NORML said. “We haven’t forgot your role in mass incarceration and mandatory minimums.”
Biden has routinely faced criticism by his Democratic opponents over his role in advancing punitive drug laws, including the 1994 crime bill, during his time in the Senate. Sen. Cory Booker of New Jersey, who also weighed in on drug policy at the debate, said Biden’s criminal justice reform plan is inadequate and argued shortly after its release in July that the “proud architect of a failed system is not the right person to fix it.”
“Our criminal justice system is so savagely broken,” Booker said during Thursday’s debate. “There’s no difference in America between blacks, whites and Latinos for using drugs or dealing drugs—but if you’re African American, you’re almost four times more likely to be arrested and incarcerated, destroying your lives. So much of this comes down to privilege.”
Booker also said that he planned to grant mass clemency for thousands of incarcerated Americans, decrying “systemic racism that is eroding our nation” and noting that “we have more African Americans under criminal supervision today than all the slaves in 1850.”
“We need to reform this system and we must do it now,” he said. “Every day that we wait is too long.”
South Bend, Indiana Mayor Pete Buttigieg also briefly weighed in, noting the “overincarcaration of black Americans.”
The debate segment on criminal justice began with a question first directed at Sen. Kamala Harris of California, with the moderator noting her prior opposition to cannabis legalization and her record as a prosecutor overall.
“There have been many distortions of my record,” Harris said, adding that she was “born knowing about how the criminal justice system in America has worked and has been informed by racial bias.”
“I took on the position that allowed me, without asking permission, to create one of the first-in-the-nation initiatives that became a national model around people who are getting arrested for drugs and getting them jobs,” she said. She went on to say that she’d end mass incarceration and private prisons.
Harris faced a similar grilling from 2020 candidate Rep. Tulsi Gabbard (D-HI) during the last debate in August.
Sen. Amy Klobuchar of Minnesota weighed in to say that the country should go beyond legislation that passed to reform criminal sentencing and “move to the Second Step Act.” She didn’t mention whether marijuana reform would be a part of that step, however.
Former Housing and Urban Development Secretary Julián Castro didn’t address the issue on the stage but included marijuana legalization in a list of “bold ideas” in a tweet his campaign posted shortly after the start of the debate.
We need bold ideas to win.
Legalize marijuana. Universal health care and universal Pre-K. Unleashing millions of new jobs in a clean energy economy. Reform policing. Declaring housing as a human right.#DemDebate pic.twitter.com/17VwcllaeP
— Julián Castro (@JulianCastro) September 13, 2019
Marijuana Moment received recommended questions for candidates from representatives of six major cannabis legalization advocacy groups. Though those pointed questions weren’t asked at this debate, drug policy reform supporters did end up seeing their issue discussed at length before political observers across the nation.
Photo courtesy of YouTube/ABC News.
Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans
Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).
During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.
“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”
“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”
Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.
He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.
That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.
At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”
“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.
Photo element courtesy of Gage Skidmore.
Tom Steyer Calls For Marijuana Legalization And Opioid Decriminalization
Billionaire philanthropist Tom Steyer is calling for the legalization of marijuana and decriminalization of opioid possession.
In a criminal justice reform plan released on Thursday, the 2020 Democratic presidential candidate laid out a vision for ending the drug war, which he said has contributed to mass incarceration and is enforced in a racially disproportionate manner.
“Tom believes we must end the failed War on Drugs. Based on the flawed idea that incarceration is the answer to addiction, federal and state elected officials passed severe sentencing laws that encouraged incarceration for low-level drug offenses,” the plan states. “Unfortunately, communities of color were and continue to be disproportionately affected and targeted by these laws, even when other ethnicities were committing the same drug crimes at the same rates.”
Today @TomSteyer announced a new criminal justice plan to:
– Reform the juvenile system
– Improve prison conditions
– Redirect funds to education
– Eliminate cash bail
– Release more rehabilitated people
– End the war on drugs
And much more! 👉 https://t.co/3VYRw7ioXB
— TeamTom 🌎 (@TomHQ) January 24, 2020
There are six proposals in the drug war section, including legalizing cannabis and expunging prior marijuana convictions, ending mandatory minimum sentences and empowering judges to use more discretion in non-violent drug cases, diverting people convicted of drug offenses to treatment or drug court, ending the sentencing disparity between crack and powder cocaine, sealing the records of certain drug convictions and decriminalizing opioids while investing $75 billion in treatment programs and holding pharmaceutical companies accountable.
Steyer specifically endorsed House Judiciary Committee Chairman Jerrold Nadler’s (D-NY) Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would deschedule cannabis, expunge prior convictions and set aside tax revenue to support communities most impacted by the drug war.
“Policing marijuana use has led to too many unfair incarcerations and predominantly impacted communities of color,” the plan says. It also criticizes then-Attorney General Jeff Sessions’s 2018 move on “repealing leniency given to states for marijuana laws.”
Today, I'm meeting with formerly incarcerated individuals to talk about transforming the criminal justice system through police accountability, ending cash bail, providing adequate funding to re-entry programs, and so much more. pic.twitter.com/m9lDEKWwwU
— Tom Steyer (@TomSteyer) January 23, 2020
“A Steyer Administration will also open equitable pathways to banking for marijuana businesses,” it continues. “The federal government—including the Federal Deposit Insurance Corporation—should not be a barrier to marijuana businesses receiving support from their local banks.”
“Incarceration is not the answer to addiction, and low-level drug offenses should not carry a severe sentence. Tom will legalize marijuana, let states pass their own policies, expunge past records, and direct the federal government to open banking services to the marijuana industry. Tom’s administration will end the disparity between crack and cocaine sentences, decriminalize opioid possession, and invest $75 billion to address the opioid crisis.”
The opioid decriminalization proposal is similar to that of entrepreneur Andrew Yang, another 2020 candidate who said removing criminal penalties for possessing the substance is necessary in order to help get people into treatment and curb the opioid crisis. Former South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI) have gone further, calling for the decriminalization of all drug possession and, in Gabbard’s case, also the legalization and regulation of illicit drugs.
“Tom supports decriminalizing small amounts of opioid possession for personal use at the federal level,” the plan states. “He will address the opioid crisis through $75 billion in new funding over ten years to resource state and local treatment programs, hold big pharmaceutical corporations and their executives accountable, and strongly enforce laws that end the illicit distribution and sale of opioids.”
This is a notable development for Steyer, who hasn’t discussed drug policy reform as much as many other candidates in the race and whose views on decriminalization of substances beyond marijuana were previously unknown.
Last year, Steyer said he supported creating a national referendum process so that Americans can made decisions about a wide range of policy issues, including cannabis legalization.
He also previously discussed his support for ending marijuana prohibition and providing the industry with access to banking, saying that he and his wife wanted to provide financial services to minority- and women-owned cannabis firms through their community bank, but federal prohibition means the business would be put at risk if they did that.
Steyer’s new plan also calls for juvenile justice reform, ending cash bail, banning facial recognition technology in policing, demilitarizing law enforcement, improving prison conditions and eliminating the death penalty, among other reforms.
Photo courtesy of Flickr/Gage Skidmore.
Austin City Council Approves Measure To End Most Marijuana Arrests
The decision to back away from pursuing criminal charges against people with small amounts of pot comes after state lawmakers last year legalized hemp in a way that threw marijuana prosecution into chaos.
The Austin City Council approved a resolution Thursday that will largely end arrests and fines for low-level marijuana possession. This comes after Texas’ legalization of hemp last June threw marijuana prosecution into chaos since the plants look and smell identical.
The resolution directing Austin police not to spend city resources on newly necessary lab tests to distinguish marijuana from now-legal hemp passed unanimously with nine votes. Council member Jimmy Flannigan and Mayor Steve Adler were absent. Debate on the measure lasted just under an hour and a half. Of about 20 people who spoke on the resolution, only Austin Police Association President Ken Casaday was against it.
The council’s resolution states that it stems directly from Texas’ new law legalizing hemp. Last summer, following a federal hemp bill, state lawmakers approved a measure to create an agricultural industry for the crop in Texas. But the law also complicated marijuana prosecutions by narrowing the legal definition of the drug from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.
Joint Effort: #ATXCouncil takes steps to eliminate the use of arrest or other enforcement action for low-level cannabis-related possession offenses + ensure City resources are focused on citizens’ public safety priorities. View the draft resolution: https://t.co/qNJ6L2ZPjJ. pic.twitter.com/rdwiLjx0w8
— City of Austin (@austintexasgov) January 23, 2020
All of a sudden, some district attorneys were dropping hundreds of low-level pot possession cases and not accepting new ones, arguing they couldn’t tell without lab testing if something was marijuana anymore. New misdemeanor marijuana cases filed by Texas prosecutors have dropped by more than half. And numerous Texas prosecutors, including those in Austin’s Travis County, require police to submit lab reports on a substance’s THC concentration before they will pursue misdemeanor marijuana charges. They argue circumstantial evidence like smell can no longer be used to authoritatively say something is marijuana.
Part of what prompted the Austin resolution — which prohibits spending city funds on such testing except in felony cases — is that public state labs are still working on establishing a way to test for that THC concentration. Right now they can only tell if something is cannabis. For some counties and cities, that has meant putting more money into shipping seized cannabis to private labs that can tell if it’s hemp or marijuana.
Even in places where police don’t have or aren’t spending funds on such testing and new cases aren’t being accepted by prosecutors, people are still being cited or arrested. They are sometimes taken to jail but then released with no charges being pursued. Austin police said this month that they still arrest or cite people who are suspected of possessing marijuana.
This resolution changes that, directing the city to get as close as possible to eliminating enforcement action for low-level cannabis possession.
The measure prohibits spending city funds on testing in low-level possession cases, and it directs police not to arrest or cite people in such cases — unless there is a safety concern — if they know the district attorney will automatically reject the charges or testing won’t be approved. It clarifies that lab testing can be used for suspected felonies or when the cannabis is not for personal use, like trafficking cases. A revised version also specifies that the measure will not affect toxicology testing.
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