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Marijuana Is A Big Issue In Next Month’s Elections

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In one month, voters in two states will decide, among other things, what kind of marijuana policies they want for their communities.

New Jersey and Virginia are the only two states holding gubernatorial elections this year, and the major party nominees in both races have all called for some measure of marijuana law reform.

Here’s a look at where the candidates stand…

NEW JERSEY

IN BRIEF: Democratic nominee Phil Murphy, a former U.S. ambassador to Germany, wants to make the Garden State the next to legalize, regulate and tax marijuana. Republican nominee, current Lieutenant Governor Kim Guadagno, opposes legalization but supports decriminalizing possession and expanding the state’s current medical cannabis law.

PHIL MURPHY – Democrat

Murphy included a call for legalization during his primary election victory speech in June.

“The criminalization of marijuana has only served to clog our courts and cloud people’s futures, so we will legalize marijuana,” he said. “And while there are financial benefits, this is overwhelmingly about doing what is right and just.” He also pledged in the speech to end mass incarceration and “eliminate prisons for profit.”

On his campaign website, Murphy pledges to “legalize marijuana so police can focus resources on violent crimes.”

In a gubernatorial candidates’ forum he said that while legalization will generate tax revenue, his primary reason for supporting the policy is “a social justice reason.” He also alleged that the administration of current Gov. Chris Christie (R) has “gummed up” the state’s medical cannabis program.

In a general election debate, he said that legalizing cannabis should be part of “comprehensive criminal justice reform” and described ending prohibition as a “social justice” issue, citing his role as a national NAACP board member.

In another general election debate, Murphy said decriminalization isn’t enough because “the drug industry stays underground, run by the same people and it’s unregulated, so therefore minors in particular are exposed to that. But set aside the fact you don’t earn the tax revenue, which is also a reality, the fact is it remains the wild west.”

Murphy made his support for legalization clear during his primary election campaign, and often tweeted about the issue.

“I was never ‘hell no,’ but I’ve spent a lot of time on it. And I have, without question, come to a place where I wasn’t three and a half years ago,” Murphy said in a New York Times interview about his evolution on marijuana. “You can’t have that many young people of color doing time on stupid drug crimes.”

KIM GUADAGNO – Republican

During a primary debate this year, Guadagno made it clear that she opposes legalization but does support some cannabis reforms.

“I have personal experience about what exactly happens to somebody who drives while they’re high, which is why I would oppose legalization of marijuana,” she said, noting that her son went to college in Colorado. “Having said that, however, I completely agree that we should decriminalize it. Because no one should suffer because of the color of their skin or because of their social background or because they were picked up with a small quantity. What that quantity is is up for argument.”

On medical cannabis, Guadagno said the state should “streamline” access and “make it easier for people that have doctors’ notes to get it and we need to provide it to children that need it the most.”

But she said that full marijuana legalization would put the state at risk of federal interference.

In a gubernatorial candidates’ forum she said legalizing marijuana would “put a whole generation of children at risk” and that ending prohibition would give her 17-year-old son an “opportunity” to use cannabis.

During a general election debate, Guadagno said she is “wholly opposed” to ending prohibition, which she described as “legalizing drug dealers.” But she said decriminalization “would solve the social justice issue.” And she would “expand the medical marijuana program,” adding: “It’s onerous, it’s hard to work with, it’s not available to those it should be made available to.”

In another general election debate, she said she won’t legalize marijuana because she’s concerned about intoxicated driving and access to kids. “I don’t want our children, I don’t want our people to walk down the street and buy a pack of cigarettes and be drug dealers,” she said.

CONTEXT: Legislative leaders in New Jersey have indicated they are prepared to enact legalization as soon as a supportive governor is seated. Currently Gov. Chris Christie (R), who is term-limited and cannot run again, is one of the nation’s most prominent opponents of ending cannabis prohibition.

VIRGINIA

IN BRIEF: Democratic nominee, current Lieutenant Governor Ralph Northam, supports decriminalizing marijuana and expanding medical cannabis access. Republican nominee Ed Gillespie, a former Republican National Committee chairman, doesn’t support those outright changes but has said he supports policies that would reduce marijuana arrests as well as enacting a more limited expansion of the state’s current low-THC medical cannabis law.

RALPH NORTHAM – Democrat

Northam has made marijuana law reform a centerpiece of his campaign, often describing the issue in racial justice terms.

“We need to change sentencing laws that disproportionately hurt people of color. One of the best ways to do this is to decriminalize marijuana,” he wrote in a blog post early this year. “African Americans are 2.8 times more likely to be arrested for marijuana possession in Virginia. The Commonwealth spends more than $67 million on marijuana enforcement — money that could be better spent on rehabilitation.”

As a physician, Northam is “increasingly convinced by the data showing potential health benefits of marijuana, such as pain relief, drug-resistant epilepsy, and treatment for PTSD,” his campaign website says. “By decriminalizing it, our researchers can better study the plant so doctors can more effectively prescribe drugs made from it.”

The lieutenant governor also sent a letter to the Virginia State Crime Commission, which is currently conducting a review of the effects of potential marijuana decriminalization. “Virginia spends $67 million on marijuana enforcement – enough to open up another 13,000 pre-K spots for children,” Northam wrote. “African Americans are nearly 3 times as likely to get arrested for simple possession of marijuana and sentencing guidelines that include jail time can all too often begin a dangerous cycle of recidivism.”

During a debate, Notham mentioned that his father is a judge while making a point about the cost of enforcing marijuana laws.

Northam has tweeted about cannabis reform a number of times.

Northam says he “often” encounters patients who benefit from medical marijuana, and he released a campaign ad telling the story of a young constituent of his for whom he helped gain cannabis access.

Additionally, Northam supports federal cannabis rescheduling. “What would happen after that is marijuana would be reclassified and then we can look at medicinal uses,” he told HuffPost. “And the point I like to make to people is there are probably around 100 or more medicines we use routinely that come from plants. And so there are many potential uses for marijuana.”

He also backs allowing hemp cultivation. “A Northam administration will support new efforts to bring Virginia products to market, including industrial hemp processing,” his campaign website says. “Several of our key public institutions, including Virginia State University, Virginia Tech, University of Virginia and James Madison University, are conducting field research on industrial hemp [and] Virginia could explore workarounds to increase access to hemp for private growers. Additionally, at the federal level, Ralph supports the removal of industrial hemp from the Controlled Substances Act of 1970… As part of Ralph’s economic development plan, he will continue efforts to recruit an industrial hemp processor for when then federal law changes.”

ED GILLESPIE – Republican

At the start of the campaign Gillespie wasn’t on record in favor of any changes to marijuana laws. But Northam’s reform advocacy, and the response it has generated, has apparently influenced the Republican to look more seriously at the issue.

Last month Gillespie rolled out a criminal justice reform plan that includes a “Three Strikes and You’re In” policy that would allow people arrested for marijuana possession to avoid criminal charges until their third police encounter.

“This policy will reduce the number of Virginians who enter the criminal justice system and help to get treatment to more people,” Gillespie’s plan says. “Data show significant racial disparities in marijuana charges, this policy will help address them by providing opportunities to avoid entry into the criminal justice system and encouraging people to get help and reconsider their choices.”

Under the policy, cannabis would not be formally decriminalized.

Gillespie’s plan also calls for modest expansion’s to the state’s limited low-THC medical cannabis law.

“Research proves that Virginians can benefit from certain uses of marijuana to help the treatment, pain management, and healing of certain severe conditions. We owe our fellow Virginians every chance of treating and managing certain significant conditions such as cancer and epilepsy,” it says. “Ed supports appropriate, limited, tightly regulated use of marijuana for medicinal purposes based in science and on medical trials.”

State Sen. Jill Vogel, Gillespie’s lieutenant governor running mate, previously introduced legislation to add new qualifying medical conditions under the law. “Expanding safe, legal access to CBD oil and medical marijuana for seriously ill patients gives doctors another option and ensures patients aren’t forced to choose between receiving treatment and following the law,” Vogel said. “I’m proud to have taken the lead in introducing legislation in Virginia’s Senate helping expand safe, legal access for patients in need and look forward to working with my party as an advocate for this much-needed policy reform.”

In an earlier Facebook Live chat, Gillespie said, “I think there has been a growing case for tightly regulated, strictly regulated medicinal marijuana.”

Gillespie also supports allowing hemp cultivation. “Industrial hemp is a cash crop and can be found in a variety of products such as paper construction materials, food, personal care items, rope, canvas and nutritional supplements,” his campaign website says. “Ed will work with the federal government, General Assembly and licensing boards to explore industrial hemp production as an option for Virginians.”

As a Republican, Gillespie argues he is best positioned to push the federal government to modernize its approach to hemp. “Given the science and the data that we have at this point, I would be one who would be able to work with the Trump administration to be able to make the case for Virginia being one of the areas where we should be able to establish some practices and procedures for us to be able to have commercial development for industrial hemp,” he said.

CONTEXT: Virginia lawmakers considered but did not act on decriminalization legislation during the 2017 session. However, with the State Crime Commission conducting its study of the issue by the request of the Senate majority leader, its possible recommendation of removing marijuana’s criminal penalties would likely provide a significant boost to efforts to pass a bill.

Election day in both New Jersey and Virginia is Tuesday, November 7.

Photo courtesy of Democracy Chronicles.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

GOP Congressman Falsely Claims Marijuana Can Be Legally Consumed In Public In ‘Many States’

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A Republican congressman wrongly claimed that marijuana can be legally consumed in public in “many states” in a Twitter post on Friday.

Following a House vote in favor of anti-vaping legislation that also included a ban on menthol cigarettes, Rep. Andy Barr (R-KY) argued that the bill is an example of government overreach and that it would not prevent youth from using vaping products.

“Now, Democrats propose making possession of a menthol cigarette a violation of federal law when smoking a marijuana joint in public is legal in many states,” he wrote in his tweet. “Instead, we need to focus on real healthcare issues like surprise billing, the opioid epidemic and curbing coronavirus.”

The claim about laws governing public cannabis consumption is likely to raise eyebrows among reform advocates familiar with state-legal marijuana programs.

It’s not the case that “many states” allow individuals to smoke in public areas. In fact, it’s one of the most commonly prohibited activities in legalization measures.

“Rep. Barr is anti-freedom and pro-false hysteria when it comes to cannabis,” Justin Strekal, political director of NORML, told Marijuana Moment. “Sadly, his desire to continue to see hundreds of thousands of Americans be arrested and incarcerated due to minor marijuana charges is held far too many of his colleagues in Congress.”

Karen O’Keefe, director of state policies at the Marijuana Policy Project, told Marijuana Moment that Barr’s “facts and priorities are wrong.”

“No legalization state allows public smoking of cannabis (other than in adult-only locations in some cases), and almost all medical cannabis states forbid it,” she said. “Marijuana isn’t associated with increased mortality, while cigarettes are associated with more than 480,000 deaths a year in the U.S. alone. Why is Rep. Barr maligning and voting against the safer substance, and working to keep it illegal?”

Here are some examples of public consumption policies in legal cannabis states.

Alaska: For adults over 21 years of age, the law permits “consumption of marijuana, except that nothing in this chapter shall permit the consumption of marijuana in public.”

California: “You can consume cannabis on private property but you cannot consume, smoke, eat, or vape cannabis in public places.”

Colorado: “Using marijuana in any way—smoking, eating or vaping—isn’t allowed in public places.”

Illinois: “There is no public consumption allowed for cannabis. Smoking or consuming weed is illegal in motor vehicles and public spaces, including your front porch.”

Massachusetts: “You can’t use marijuana in any form (smoking, vaping, edibles, etc.) in public or on federal land.”

Nevada: “Adults 21 years and older can legally consume marijuana, but with restrictions on where it can be consumed: You cannot use marijuana in any public place.”

Oregon: “Recreational marijuana cannot be sold or smoked in public.”

Put simply, the notion that public consumption of marijuana is widespread is a false narrative. A standout exception is Oklahoma, where medical cannabis patients are able to consume wherever tobacco is permitted. That said, Barr’s assertion that public marijuana smoking is legal in “many states” is patently false.

That the congressman is perpetuating that narrative isn’t especially surprising, however. Barr is no fan on cannabis, voting against spending bill amendments preventing the Justice Department from using its fund to interfere in state-legal medical marijuana programs as well as a separate measure last year that would’ve extended protections to all state cannabis programs.

That said, Barr isn’t alone in his opposition to the menthol cigarette ban that cleared the House on Friday. Several Democrats joined Republicans in voting against the measure in committee and on the floor. But their reasoning was generally that the targeted ban would lead to overpolicing of minority communities.

House Democrats Block Amendment To Restrict Marijuana Products In Anti-Vaping Bill

Photo courtesy of WeedPornDaily.

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VA Notice About Researching Medical Marijuana For Military Veterans Deleted Shortly After Posting

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The U.S. Department of Veterans Affairs (VA) will soon release a notice announcing that it is seeking information about the potential of marijuana and its components to treat medical conditions that commonly afflict military veterans.

A post describing the request was briefly uploaded to a government website this week, though it’s since been deleted—but not before Marijuana Moment downloaded a copy. A representative said in response to an e-mailed query that the document was “rescinded for edits” and a revised version will be published “at a future date.”

VA’s Clinical Science Research and Development Service wrote in the filing that it is interested in establishing a research program designed to “examine the potential for medical marijuana and cannabinoids to treat disorders and diseases prevalent in our Veteran population.”

In a request for white papers on the topic, the department said it’s especially interested in identifying potential medical uses for cannabis to treat neuropathic pain and symptoms of post-traumatic stress disorder (PTSD).

“Unrelieved neuropathic pain experienced by Veterans after spinal cord or peripheral nerve injury contributes to depression, anxiety, disrupted sleep, and overall decreased quality of life,” VA said. “PTSD, also highly prevalent in Veterans, is a mental health problem often co-morbid with chronic pain.”

“A large percentage of Veterans who seek relief from these conditions, resort to smoking marijuana or use unregulated dietary cannabis supplements, etc,” it continued. “It is therefore imperative to determine which cannabinoid compounds are truly effective, for which symptoms, in which populations, as well as the associated risks.”

VA said it is committed to researching and developing evidence-based treatment options for veterans, and that’s what the program is meant to address.

“Without the needed evidence base for medical marijuana, this will not be a treatment choice within VA,” the department wrote. “We hope to support a series of clinical trials, which in case of positive outcomes, will generate robust data to support the use of cannabinoid(s) for pain and/or PTSD (or one or more of its symptoms).”

The department plans to conduct clinical trials if the evidence indicates that medical cannabis can be useful. It touted the “cadre of experienced clinical investigators, a highly participatory research population, and mechanisms in place to support every aspect of clinical research.”

White papers submitted to VA under the now-deleted solicitation must contain four components: 1) the “formulation and route of administration of the cannabinoid preparation,” 2) their ability to manufacture and supply those preparations, 3) the investigational new drug registration for compounds that aren’t already approved by the Food and Drug Administration (FDA) and 4) evidence about the product’s efficacy in treating pain, PTSD and other conditions.

As drafted, the notice gives a deadline of March 15 to submit the requested one-page white papers, though it’s not clear if that will change when the updated notice is released.

Additionally, VA said it plans to collaborate with industry partners for “further understanding and development of evidence-based treatments such as medical marijuana and cannabinoids” and on April 27, will hold an “Industry Day” to discuss the “goals of the program.”

The department is “particularly interested in obtaining information about cannabinoid drugs availability, likelihood of their approval by the FDA (if not yet approved), and the data supporting their use for pain and PTSD treatment in Veterans,” the notice says.

Members of Congress and veterans advocates discussed the need for alternative treatment options, including medical cannabis, during a joint committee hearing earlier this week.

At the same time, bipartisan legislators are asking their colleagues to cosponsor a bill that would require VA to conduct research into the therapeutic potential of marijuana for veterans. That legislation already has 104 House cosponsors.

Read VA’s since-rescinded notice on medical marijuana research below: 

VA Request For Medical Mari… by Marijuana Moment on Scribd

House Democrats Block Amendment To Restrict Marijuana Products In Anti-Vaping Bill

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House Democrats Block Amendment To Restrict Marijuana Products In Anti-Vaping Bill

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House Democrats pushed back against a Republican attempt to include a flavored marijuana vaping ban in a broader anti-vaping bill that passed the chamber on Friday, arguing that it doesn’t make sense to prohibit products that are already illegal under federal law.

Instead, several lawmakers argued that Congress should enact separate cannabis reform legislation that could include provisions designed to protect public health and reduce the appeal of marijuana to youth.

The issue first came up during a House Rules Committee hearing on Wednesday, with Rep. Morgan Griffith (R-VA) introducing an amendment to “include a prohibition against flavored marijuana products” such that they would be “treated in the same manner as flavored tobacco products” under the bill.

While the congressman argued that language of the legislation implicitly already provides for such a ban, he said it was important to clarify to send a message to young people that they can’t vape products containing nicotine or THC.

“Let it not be said in 2029 that we had a chance and we felt maybe we were getting to it in 2020,” he said. “Let’s just go ahead and do it. Let’s say you can’t sell flavored marijuana THC vaping products. My amendment makes that clear.”

Watch the conversation below: 

Democratic members said they shared Griffith’s concern about underage use of flavored cannabis vaping products. However, Rep. Ed Perlmutter (D-CO) pushed back and said the proposal is not germane because marijuana remains illegal under federal law and so regulating these products requires separate congressional action.

Earlier in the hearing, he suggested that his House-passed cannabis banking bill—the Secure and Fair Enforcement (SAFE) Banking Act—could serve as a vehicle to address the body’s concerns.

“We have to start addressing it because we have 47 states that now are allowing some level of marijuana use when the statute under the Controlled Substance Act clearly makes it illegal,” the congressman said. “There’s a bill sitting in the Senate called the SAFE Banking Act that may get back here at some point, and we could put some testing and regulatory components on it.”

Watch this exchange below: 

Is a flavored marijuana vaping ban even necessary?

Also during the hearing, Rep. Rob Woodall (R-GA) pressed Rep. Frank Pallone (D-NJ) about the lack of specificity in the bill as it concerns marijuana vaping products. Woodall said he wanted that aspect addressed before he leaves office in nine months.

“It strikes me…more than strange that banana crush [nicotine vaping products] will no longer be available to adults in my district. But banana strawberry cream, which is an illegal [marijuana] product today, will continue to be available at 180 retailers near you,” Woodall said. “I don’t know how I take that message into my high schools and say that we’re going to reduce drug dependency in the months and years ahead.”

Watch the conversation below: 

Pallone said he appreciates Woodall’s concern that flavored vaping products can mislead consumers about what they’re actually putting into their bodies and that he “would tend to think that the same problem would exist” for flavored marijuana products. However, he said there’s a distinction to be made.

“Most people tell me that nicotine is much more toxic and much more dangerous to your health than marijuana so maybe we shouldn’t have restrictions on marijuana at all and maybe we shouldn’t have any restrictions on flavored marijuana because the marijuana doesn’t have the same health problems that nicotine has,” he said. “Maybe I should say, assuming that marijuana is dangerous then maybe the flavored should be. But it’s not as dangerous.”

“The reality is that we know that nicotine is much more dangerous than marijuana so maybe the flavors masking it is not as serious a problem as it would be for nicotine,” he said.

Griffith’s amendment was blocked from floor consideration in a party-line vote of 3-6 by the panel, but the conversation around flavored marijuana products continued on Friday on the House floor.

Rep. Greg Walden (R-OR) brought a poster board showing pictures of flavored cannabis vaping products and lamented that they are not explicitly included in the anti-vaping bill.

“If you want to do something about kids—if you want to do something about lung disease—then we need to do something about marijuana and the oils it gets mixed with that this bill does not address,” he said.

But Rep. Earl Blumenauer (D-OR) pointed out that if Republicans are interested in ensuring that such marijuana products are properly regulated, the substance needs to be removed from the Controlled Substances Act to provide Congress with the means to enact regulations.

Imposing regulations on marijuana while it’s still federally prohibited is “like regulating flavored heroin,” he said. The congressman added that a bill to deschedule marijuana called the Marijuana Opportunity Reinvestment and Expungement (MORE) Act would give lawmakers the tools to protect public health.

“The challenge that we have now is to be able to move forward—to be able to protect young people and the public,” Blumenauer said. “Cannabis is a red herring. If we tax and regulate it, then we can deal with the products they’re talking about. But unless and until we bring it—as two-thirds of the states have done—to actually tax and regulate it, we can’t deal with that. It doesn’t matter.”

Not all Democrats were on board with the anti-vaping bill.

It was a tight 213-195 vote in the House on Friday. Top Democratic leaders are faced challenges as they worked to get the broader legislation approved. Some members of the party have expressed opposition over policies to ban flavored tobacco, including menthol, which they argue would lead to overpolicing of minority communities.

Banning CBD Products Would Be ‘A Fool’s Game,’ FDA Chief Admits

Image by Lindsay Fox from Pixabay.

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