The Virginia Senate approved a bill on Tuesday to decriminalize possession of marijuana.
This comes one day after the House of Delegates passed similar cannabis decriminalization legislation.
Given that Gov. Ralph Northam (D) supports the change, it is all but certain that the state will soon become the 27th in the U.S. to remove the threat of jail time for low-level marijuana possession.
The Senate version, SB 2, would make possession of up to one ounce a civil penalty punishable by a $50 fine and no jail time. Current policy stipulates that possession is punishable by a maximum $500 fine and up to 30 days in jail.
It would also raise the threshold for what’s considered distribution or possession with intent to distribute from a half ounce to an ounce.
An expungement provision that was initially included in the legislation was removed in committee and incorporated into a wide-ranging expungements bill that was also approved in a floor vote on Tuesday.
The chamber also unanimously passed another bill to formally legalize possession of CBD and THC-A medial cannabis preparations that are recommended by a doctor, as opposed to simply regulating it and offering patients an affirmative defense, which is the current policy.
The Senate vote on decriminalization was 27-13.
“We all know, whatever our views are on this bill, that prohibition on cannabis in this country has failed and in the Commonwealth as well,” Sen. Adam Ebbin (D), the legislation’s lead sponsor said ahead of the vote.
A floor amendment that would have prevented the oder of marijuana from being used as a justification for police searches was rejected. Another amendment to allow people to do five hours of community service in place of paying fines was approved, however.
“Virginia made history this week with both the House and Senate voting to decriminalize personal possession of marijuana, and the Senate approving a measure to legalize the state’s nascent medical cannabis program,” Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment, adding that the Commonwealth “will become the 27th state to decriminalize marijuana.”
“These victories come after years of dedicated work by Virginia NORML and unrelenting advocacy by NORML members to build bipartisan support for common sense reforms,” Pedini said.
While the decriminalization bill is largely similar to what the House approved on Monday, there are a few differences that will have to be resolved in a conference committee where lawmakers will merge the two versions into one unified proposal to send to Northam for his signature.
The House version would impose a $25 fine for possession of up to a half ounce, and it contains provisions allowing for criminal records to be sealed for marijuana-related offenses. The bills also treat juvenile offenses differently.
Last week, the Senate also passed a separate resolution calling for the formation of a joint commission to “study and make recommendations for how Virginia should go about legalizing and regulating the growth, sale, and possession of marijuana by July 1, 2022 and address the impacts of marijuana prohibition.”
That’s a key step if Virginia hopes to build on decriminalization and the limited medical cannabis program by pursuing adult-use legalization down the line. The legislature generally insists on studies prior to enacting such bold reform, and this resolution included a specific deadline to ensure that a review is ready in time for lawmakers to act on legalization in the 2021 session.
While Northam campaigned on decriminalization and included the policy proposal in his State of the Commonwealth address last month, he hasn’t come out in favor of recreational legalization yet.
“Passing decriminalization in both the House and the Senate is a really important first step in the right direction on Virginia’s journey towards legal and regulated adult use, but this cannot be the end. We must keep going because the work is not done,” Attorney General Mark Herring (D) said in a press release. “For too long, Virginia’s approach to cannabis has needlessly saddled Virginians, especially African Americans and people of color, with criminal records but with these votes that is finally coming to an end. I want to thank my colleagues in both the House and the Senate for joining me in making this issue a priority and I look forward to seeing the progress we can make in the coming years.”
Herring, who is running to replace the term-limited Northam in 2021, said he believes the governor will come around to embrace broader legalization when he’s given more information. To that end, he organized a cannabis summit last year that featured speakers from legal marijuana states to learn from their experiences.
Herring said the panel could give the governor the resources he needs to support legalization.
This piece was updated to include Herring’s comments.
Photo courtesy of Brian Shamblen.
Montana Marijuana Legalization Initiative Endorsed By Environmental Conservation Groups
Montana activists behind a marijuana legalization initiative are being backed by a uniquely “Big Sky Country” coalition: environmental conservation groups.
The state—widely known for its public lands and parks that attract tourists from across the country—would see a significant influx of revenue for environmental conservation programs from cannabis taxes if the legalization measure passes in November. Half of the public revenue from marijuana sales would be earmarked for such purposes.
Organized by the legalization campaign New Approach Montana, a new Public Lands Coalition (PLC) is comprised of four conservation organizations, including the Montana Conservation Voters and Montana Wildlife Federation.
“All Montanans share the values of open space, as Montanans we collectively own and steward some of the most special places on earth. We are in fact, the Last Best Place, and that’s a central part of our identity as Montanans,” Pepper Petersen, political director for New Approach Montana, told Marijuana Moment.
“The allocations in I-190 reflect our values as Montanans and you see that in the initiative,” he said. “Montanans know that marijuana revenue should be invested wisely, and our public lands in Montana are a great investment.”
The group said in an op-ed published in The Missoulian newspaper on Sunday that there is currently $60 million in “unmet conservation needs in Montana” for services such as “funding for landowners who want to offer access for hunting and fishing.” Legalizing cannabis could help fill that gap, the coalition said.
“In order to continue to offer Montanans and our millions of guests an experience worth coming back for, we need to invest in our public lands,” PLC, which also includes Wild Montana Action Fund and the Trust for Public Land, wrote. “A vote for 118 and 190 is a vote to maintain and create trails, protect land for wildlife, and fund our state parks.”
The new coalition’s website says that legalization “would provide more than $18 million per year to benefit our public lands; both maintaining current access and opening up new opportunities for recreation.”
“These additional funds would help to address the state’s backlog of repairs to campgrounds, trails, wildlife habitat, opening access and increasing maintenance on our public lands,” the groups said.
Interestingly, the campaign is also making the case that legalizing federally illegal cannabis on the state level will help open up access to additional federal funding.
“The Land and Water Conservation fund is the largest piece of federal funding for our public lands. Now that the LWCF is fully and permanently funded, there are $900 million federal dollars per year that can be leveraged with matching state resources,” the coalition website says. “Tax revenue from I-190 could allow Montana to access more of this funding through matched federal grants. Montana should take every opportunity to use this money, and I-190 represents a golden opportunity to do so.”
There will be two separate marijuana measures on the state’s November ballot.
One initiative, a statutory change, would create a system of legal cannabis access for adult-use. A separate constitutional amendment would ensure only those 21 and older can participate in the market.
If the statutory measure is approved by voters, possessing up to an ounce of cannabis would be allowed, and people could cultivate up to four plants and four seedlings at home.
The Montana Department of Revenue would be in charge of regulating the legal industry and would issue business licenses by January 1, 2022. Existing medical cannabis businesses would be first in line to enter the adult-use market.
There would be a 20 percent sales tax on recreational marijuana, while the tax on medical cannabis products would be reduced from two to one percent. Besides public land funding, those tax dollars would also go toward veteran services, substance misuse treatment, health care, local governments that allow cannabis businesses and the state general fund.
“We are excited to have the support of our neighbors and friends from the PLC,” Petersen said. “Countless Montanans will continue to enjoy this special place because of the funding I-190 is creating and because of the hard work of the folks like those who make up the Public Lands Coalition who believe and invest in Montana’s public lands and waters.”
Montana voters approved a medical cannabis legalization initiative in 2004 and later passed a 2016 expansion measure.
For the current cycle, New Approach Montana submitted their petitions for the cannabis initiatives in June. That came after they initially suspended signature gathering activities amidst the coronavirus pandemic, which they later relaunched with social distancing measures in place.
In July, the group announced that data from county officials indicated they would make the ballot. And in August, state officials officially qualified the measures.
The Montana Democratic Party adopted a platform plank endorsing marijuana legalization in June.
Photo courtesy of Chris Wallis // Side Pocket Images.
House Democrats Keep Marijuana Banking Protections In Revised COVID Bill After Delaying Legalization Vote
A slimmed-down coronavirus relief bill that House Democrats released on Monday again includes marijuana banking protections.
Despite pushback from GOP lawmakers who challenged the germaneness of including the cannabis language in a prior version that the House approved in May, the text of the Secure and Fair Enforcement (SAFE) Banking Act was again inserted into the new legislation. It could get a floor vote as early as this week—and that would mark the third time the chamber has taken up the banking measure in some form in the past year.
The SAFE Banking Act would protect financial institutions that service state-legal marijuana businesses from being penalized by federal regulators, and on its own has significant bipartisan support. But its inclusion in the COVID-19 relief legislation was widely criticized by Republicans who insisted that it was part of an expansive Democratic wishlist of items not related to the health crisis.
Senate Majority Leader Mitch McConnell (R-KY) has been particularly critical of the House proposal, specifically taking issue with industry diversity reporting provisions of the SAFE Banking Act, for example. Other vocal opponents include Vice President Mike Pence and Sens. James Lankford (R-OK) and John Kennedy (R-LA).
The Senate did not add cannabis banking language to its own version of COVID relief legislation filed in July.
“We appreciate that Democratic leadership is standing firmly behind the bipartisan SAFE Banking Act, despite some Republicans in Congress preferring to treat this public safety issue like some kind of comic relief,” Steve Fox, president of VS Strategies, told Marijuana Moment. “Far from being non-germane, the pandemic has only underscored the importance of this legislation.”
“At a time when businesses all across the country are relying on electronic transactions to protect public health, cannabis businesses are being forced to exchange currency. This bill is timely and necessary,” he said.
A summary of the banking provision prepared by House leaders states that it would “allow cannabis-related legitimate businesses, that in many states have remained open during the COVID-19 pandemic as essential services, along with their service providers, to access banking services and products, as well as insurance.”
Notably, the document highlights the diversity reporting language that some Republicans have slammed, signaling that Democrats are not shying away from those components despite the criticism. It explains that the legislation “requires reports to Congress on access to financial services and barriers to marketplace entry for potential and existing minority-owned cannabis-related legitimate businesses.”
Advocates, stakeholders and lawmakers have argued that providing marijuana banking protections will mitigate the spread of the coronavirus by making it so cannabis businesses don’t have to rely on cash transactions. House Speaker Nancy Pelosi (D-CA) said she agrees that the measure is an appropriate component of the bill.
“The inclusion of the SAFE Banking Act in the HEROES 2.0 package is a positive development,” NORML Political Director Justin Strekal said. “In the majority of states that regulate the marijuana marketplace, cannabis businesses have been deemed essential during this pandemic.”
“Unfortunately, at the federal level, prohibition compounds the problems that this emerging industry faces,” he said. “Small cannabis businesses in particular are facing tough economic times and access to traditional financial tools will help ensure that they can weather this pandemic.”
While the incremental reform measure would help alleviate financial complications in the cannabis market, news that House Democrats opted to stick to their guns on the industry-focused marijuana banking legislation could frustrate advocates who were disappointed when the chamber’s leadership decided to postpone a planned vote on a comprehensive cannabis legalization and social equity bill earlier this month.
The banking provisions are generally considered industry friendly without addressing the systemic problems resulting from the war on drugs. In the past, some activists have made the case that lawmakers should’t approve the SAFE Banking Act until marijuana is descheduled and restorative justice policies are implemented.
The House was expected to hold a floor vote on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act to federally legalize cannabis last week, but leaders announced they were delaying it after certain centrist Democrats expressed concern about the optics of advancing marijuana reform legislation without first passing additional COVID relief.
All that said, others do view the banking protections as a boon for social equity in that they would help minority-owned cannabis businesses that currently struggle to get access to capital and financial services.
“Without access to much needed capital to maintain throughout the crisis, it is possible that we could see an acceleration of the corporatization of the cannabis industry in a manner that is inconsistent with the values and desires of many within the cannabis space,” Strekal said. “Enactment of the SAFE Banking Act would ensure that small businesses could compete in this emerging marketplace.”
In July, bipartisan treasurers from 15 states and one territory sent a letter to congressional leadership, urging the inclusion of the SAFE Banking Act in any COVID-19 legislation that’s sent to the president’s desk. Following GOP attacks on the House proposal, a group of Democratic state treasurers renewed that call.
The House last year approved the standalone SAFE Banking Act. For months, the legislation has gone without action in the Senate Banking Committee, where negotiations have been ongoing.
Where President Trump Stands On Marijuana
With the 2020 presidential election underway, people interested in legalizing marijuana and ending the war on drugs may find themselves wondering which candidate will do more to advance their causes: Democratic presidential nominee Joe Biden or incumbent President Donald Trump.
While Trump has not pursued a full-scale crackdown of state-legal cannabis programs and has voiced tentative support for modest reform legislation, his administration has made a number of hostile anti-marijuana actions—from rescinding Obama-era guidance on cannabis prosecutions to implementing policies making immigrants ineligible for citizenship if they consume marijuana or work in the cannabis industry.
Put simply, the president is a drug policy enigma. His past comments on drug policy, attitude toward state-level legalization efforts and administrative actions as president offer a dizzying portrait of a person who once said all drugs should be legal but who also appointed a vociferous anti-cannabis attorney general as one of his first acts in the White House.
Over the course of his first term in office, reform advocates have struggled to peg the president. On the one hand, he has not launched an all-out offensive on state-legal cannabis businesses and, in fact, said it was his administration’s policy that they could continue to operate unencumbered by the federal government despite prohibition remaining on the books. Trump also signed a bill federally legalizing hemp following decades of its prohibition. On the other hand, he’s declined to use his power to enact changes to legitimize the industry and has appointed several officials who hold hostile views toward reform.
In any case, the Trump reelection campaign has made clear it wants to depict the president as the criminal justice reform candidate, repeatedly attacking Biden over his record as an “architect” of punitive drug laws during his decades in the Senate, for example.
To help sort out where Trump stands on marijuana and drug policy in general, here’s an overview of policy actions his administration has taken and remarks he’s made both before and during his presidency.
Policy Actions And Comments As President
Support for states’ rights.
In 2018, the president gave advocates reason to celebrate. Asked whether he supports a bipartisan bill filed by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA), which would allow states to set their own marijuana policies, Trump said “I really do.”
“I know exactly what he’s doing. We’re looking at it,” he said, referring to Gardner. “But I probably will end up supporting that, yes.”
He reiterated his support for a states’ rights approach to marijuana in August 2019, saying it’s “a very big subject and right now we are allowing states to make that decision. A lot of states are making that decision, but we’re allowing states to make that decision.”
Gardner, who held up Justice Department nominations in protest of then-Attorney General Jeff Sessions’s move in order to generate a cannabis commitment from the president, told Marijuana Moment in an interview that Trump typically makes “very supportive” comments about cannabis reform when they’ve talked.
“It’s all been positive. And I think we’re seeing that,” he said. “Had they wanted to do something, they’d do what Jeff Sessions did and mess around with that and they haven’t.”
Current Attorney General William Barr has said that he’s not interested in upsetting “settled expectations” as it concerns policies in place while the Cole memo was still effective.
“However, I think the current situation is untenable and really has to be addressed. It’s almost like a backdoor nullification of federal law,” he said during a hearing last year, later adding that he would prefer that Congress pass legislation codifying protections for states that have legalized cannabis rather than maintain the status quo of conflicting state and federal policies.
To date, no large-scale marijuana raids against licensed businesses in legal states have taken place under the Trump administration.
Trump’s personal opinion on cannabis consumption and drug policy reform is a mixed bag.
Despite his pledged support for states’ rights to legalize, Trump evidently holds some negative views toward cannabis consumption, as evidenced in a recording from 2018 that was leaked two years later. In that recording, the president said that using marijuana makes people “lose IQ points.”
In August 2020, Trump weighed in on Sen. Kamala Harris’s (D-CA) prior comments on marijuana shortly after she was announced as Joe Biden’s vice presidential running mate. While the president declined to explicitly discuss the senator’s cannabis policy positions, he said “she lied” and “said things that were untrue” when presented with details about an interview she gave last year in which she discussed smoking marijuana in college.
He also urged Republicans not to place marijuana legalization initiatives on state ballots out of concern that it could increase Democratic turnout in elections. A Republican strategist told The Daily Beast that, as far as Trump is concerned, the “pot issue is one of many that he thinks could be a danger.”
“He once told me it would be very ‘smart’ for the Democrat[ic] Party to get as many of these on the ballot as they could,” the source said.
In February 2020, the president applauded countries that impose the death penalty for people who sell drugs—a point he has repeatedly made. “I don’t know that our country is ready for that,” Trump said in the more recent comment, “but if you look throughout the world, the countries with a powerful death penalty—death penalty—with a fair but quick trial, they have very little if any drug problem.”
That said, the president in 2019 seemed to acknowledge the failure of policies prohibiting drugs during a meeting on vaping, stating that banned products are “going to come here illegally” even if they’re prohibited.
Curiously, Trump proposed mandating that he and Biden take drug tests prior to participating in general election debates.
I will be strongly demanding a Drug Test of Sleepy Joe Biden prior to, or after, the Debate on Tuesday night. Naturally, I will agree to take one also. His Debate performances have been record setting UNEVEN, to put it mildly. Only drugs could have caused this discrepancy???
— Donald J. Trump (@realDonaldTrump) September 27, 2020
Joe Biden just announced that he will not agree to a Drug Test. Gee, I wonder why?
— Donald J. Trump (@realDonaldTrump) September 28, 2020
The president signed “right to try” legislation in 2018 that allows terminal patients to access drugs that haven’t been approved by the Food and Drug Administration (FDA) but have cleared a phase one trial—a move that some advocates say could let a limited number of people use marijuana, psilocybin and MDMA for therapeutic reasons.
Administrative marijuana and drug policy actions.
One of the administration’s most widely publicized actions—and one that caused acute panic among marijuana advocates and stakeholders—happened in January 2018, when Sessions rescinded the Obama-era Cole memo. Under that policy, federal prosecutors were advised to generally not pursue action against individuals for state-legal cannabis-related activity, except under a limited set of circumstances.
Its revocation worried many that a federal crackdown was looming, especially with longtime prohibitionist Sessions at the helm of the Justice Department. However, that fear was not realized—and according to Gardner, Trump personally opposed the move and said “we need undo this.”
“This sounds like something my grandpa said in the 1950s,” Trump reportedly said, referencing Sessions’s rhetoric when rescinding the policy.
The Justice Department recently asked a federal court to force California marijuana regulators to disclose documents about certain licensed cannabis businesses, and a federal court ruled that they must comply.
Another controversial administrative action concerns immigrants and marijuana. In April 2019, U.S. Citizenship and Immigration Services issued a memo stating that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—makes immigrants ineligible for citizenship because it means they don’t have “good moral character.”
In December 2019, the Justice Department issued a notice that it was seeking to make certain marijuana offenses, including misdemeanor possession, grounds to deny asylum to migrants.
That month, officials with Trump’s U.S. Department of Veterans Affairs also testified against several pieces of legislation that would increase access to medical cannabis for service members and also require the department to conduct clinical research into the therapeutic benefits of marijuana for conditions that commonly afflict veterans.
Using funds provided by a salary donation from Trump, the Surgeon General issued and publicized a warning in August 2019, cautioning against marijuana use by adolescents and pregnant women. The notice also suggested that the state-level cannabis legalization movement was enticing young people to consume marijuana by normalizing the plant.
BuzzFeed News reported in 2018 that the Trump administration created a secret committee that requested agencies across the federal government submit memos on how to combat public support for cannabis reform.
Trump’s Justice Department in 2019 sided with a Mississippi student who filed a lawsuit against his school after he was allegedly prevented from talking about the issue earlier this year, arguing that the First Amendment protects students who discuss legalization and that restrictive policies prohibiting such free expression at public schools are unconstitutional.
The Internal Revenue Service in September 2020 released updated guidance on tax policy for the marijuana industry, including instructions on how cannabis businesses that don’t have access to bank accounts can pay their tax bills using large amounts of cash.
Administration’s hemp regulatory actions following Trump signing legalization into law.
One of the most significant cannabis developments to occur under the Trump administration was the federal legalization of hemp that was accomplished when he signed the 2018 Farm Bill—unleashing a massive market for a crop that had been prohibited for more than 80 years as a federally controlled substance. The move elicited bipartisan praise, and Trump’s U.S. Department of Agriculture has put significant resources into implementing the reform.
That said, advocates, lawmakers and industry stakeholders have raised several concerns about proposed rules for hemp such as requiring that the crop be tested for THC contents by only Drug Enforcement Administration (DEA)-certified labs.
DEA also released proposed rules for hemp and CBD in August 2020 to put the federal agency officially in compliance with the 2018 Farm Bill. However, some industry players suspect that the agency is really setting the stage to crack down on the newly legal market.
In September 2020, USDA announced that hemp farmers could qualify for coronavirus relief loans, reversing an earlier decision to exclude the crop based on price decline data amid the pandemic.
Also in 2020, the department made hemp farmers eligible for relief programs if they’ve experienced damage or losses due to a natural disaster.
White House officials met with several hemp industry groups in the summer of 2020 to discuss pending FDA guidance on enforcement policies for CBD products.
Speaking of FDA, the agency has similarly been in the process of developing regulations for CBD to be marketed as a food item or dietary supplement. In the meantime, it has used enforcement discretion to keep the market in check.
The agency has continued to issue warnings to cannabis businesses in certain cases—such as instances in which companies claimed CBD could treat or cure coronavirus—and provide public notices about recalls.
FDA also recently closed a comment period on separate draft guidance on developing cannabis-derived medications.
Cannabis and the Trump budget.
While Trump has spoken out in favor of medical cannabis legalization, on several occasions he has released signing statements on spending legislation stipulating that he reserves the right to ignore a long-standing rider that prohibits the Justice Department from using its funds to interfere with state-legal medical marijuana programs.
He also proposed deleting the rider altogether in multiple annual budget proposals to Congress, though Obama did the same thing when he was in office.
In 2019, the White House released a budget request that proposed slightly scaling back restrictive language that has prevented Washington, D.C. from spending its own tax dollars to legalize and regulate the sale of recreational marijuana.
Under several budget proposals, the administration has called for significant cuts to the White House Office of National Drug Control Policy, a central agency when it comes to setting federal drug policy and upholding prohibition.
Trump administration personnel and cannabis.
A top spokesperson for Trump’s reelection campaign raised eyebrows in February 2020 when he said that the administration’s policy is that currently illicit drugs, including cannabis, “need to be kept illegal.”
During a press briefing in July 2018, then-Press Secretary Sarah Huckabee Sanders was asked about the newly elected Mexican president’s suggestion that legalizing and regulating drugs could curtail cartels. She said the administration didn’t have any policy announcements to that end; however, “I can say that we would not support the legalization of all drugs anywhere and certainly wouldn’t want to do anything that would allow more drugs to come into this country.”
The president also named then-Rep. Mark Meadows (R-NC), as his chief of staff in March 2020. As a member of Congress, Meadows consistently voted against marijuana reform amendments and was one of only a handful of lawmakers who cheered Sessions’s move to rescind the Obama-era cannabis guidance.
Trump’s stance on cannabis legalization became the jumping off point for a spat between a top White House aide, Republican operatives and a reporter in June after Meadows laughed off a question about the prospects of broad marijuana reform advancing before the election in November.
In April 2020, Trump hired a new press secretary, Kayleigh McEnany, who has a long record of speaking out against legalization.
Barr, the current attorney general, allegedly directed the Justice Department’s Antitrust Division to carry out investigations into 10 marijuana mergers out of personal animus for the industry. A whistleblower who testified before a key House committee claimed the investigations were unnecessary and wasted departmental resources. But the assistant attorney general for the Antitrust Division later argued that the investigations were actually “consistent with protecting consumers’ access to cannabis products, not with animosity toward the industry.”
During a speech at the 2020 Republican National Convention at which Trump was renominated for a second term, the granddaughter of Evangelical preacher Billy Graham took issue with Democratic governors who designated cannabis dispensaries as essential services amid the coronavirus pandemic while imposing restrictions on churches. In a separate convention speech, an advisory board member for Trump’s reelection campaign claimed that Democrats’ push for universal health care is really about ensuring a right to cannabis access.
Meanwhile, the head of the Republican National Committee (RNC), who was recommended for the position by Trump, dodged a question about where the party stands on medical marijuana and stressed that the issue should be addressed at the state level.
After House leadership announced in August 2020 that the chamber would be voting on a bill to federally legalize marijuana, the director of press communications for the president’s reelection campaign tweeted, “House Dems—more worried about pot dealers than providing relief for the American people.” (That vote was ultimately postponed.)
House Dems — more worried about pot dealers than providing relief for the American people. https://t.co/wJAGDJuaCs
— Erin Perrine (@ErinMPerrine) August 31, 2020
It might come as a surprise, but 30 years ago, Trump argued in favor of legalizing all drugs.
“We’re losing badly the war on drugs. You have to legalize drugs to win that war. You have to take the profit away from these drug czars,” he said. “What I’d like to do maybe by bringing it up is cause enough controversy that you get into a dialogue on the issue of drugs so people will start to realize that this is the only answer; there is no other answer.”
Then, 25 years later, he was at the Conservative Political Action Conference stating that he thinks marijuana legalization is “bad” and that he feels “strongly about that.”
“They’ve got a lot of problems going on right now in Colorado, some big problems,” he said.
But the candidate clarified that he supports states’ rights to set their own marijuana laws, saying, “If they vote for it, they vote for it.”
“Medical marijuana is another thing,” he added. “I think medical marijuana, 100 percent.”
“Medical I agree with. Medical I like,” he said similarly in 2016. “Medical is OK.”
Trump on medical marijuana: "Medical I agree with. Medical I like."
— Jeremy Diamond (@JDiamond1) January 6, 2016
Asked about Medical Marijuana, Trump says "Medical is ok."
— Katy Tur (@KatyTurNBC) January 6, 2016
“I think medical should happen, right? Don’t we agree? I mean I think so,” he said at a 2015 rally in Nevada. “I know people that are very, very sick and for whatever reason, the marijuana really helps them.”
He went on to say that “I really believe you should leave it up to the states” when it comes to recreational legalization. “It should be a state situation… In terms of marijuana and legalization, I think that should be a state issue, state by state.”
Trump reiterated in a radio interview in 2016 that adult-use legalization has “got to be a state decision.”
“Colorado did it as you know and I guess it’s very mixed right now, they haven’t really made a final determination,” he said. “There seems to be certain health problems with it and that would be certainly bothersome.”
“I do like it, you know, from a medical standpoint — it does do pretty good things,” he added “But from the other standpoint, I think that should be up to the states. Certainly, from a medical standpoint, a lot of people are liking it.”
Legalization of drugs is “something that should be studied and maybe should continue to be studied,” Trump told ABC’s This Week in 2015.
“But it’s not something I’d be willing to do right now,” he added. “I think it’s something that I’ve always said maybe it has to be looked at because we do such a poor job of policing. We don’t want to build walls. We don’t want to do anything. And if you’re not going to want to do the policing, you’re going to have to start thinking about other alternatives. But it’s not something that I would want to do. But it’s something that certainly has been looked at and I looked at it. If we police properly, we shouldn’t do that.”
In a 2016 radio interview with Hugh Hewitt, Trump seemed more skeptical about cannabis legalization, saying that “there are a lot of bad things happening in Colorado with people’s health. And if you look at the results, you know, they’re getting some pretty bad results.”
“Plus, it’s being taken all over the place. I mean, I would have to look at it very seriously,” he said. “Now I think if you talk about medical, you’re talking about a different ball of wax. But there are a lot of bad results happening in Colorado, and people are talking about it. I’m reading about it. So I would be looking at a couple of different things, but I really would want to study it further, because they’re doing a lot of studies. But you know, some bad medical reports and some bad, bad things are happening with what’s going on in Colorado.”
Discussing legalization during a Fox News interview, Trump said that “in Colorado, the book isn’t written on it yet.”
“There’s a lot of difficulty in terms of illness and what’s going on with the brain and the mind and what it’s doing,” he said. “In some ways I think it’s good and in other ways it’s bad.”
But he reiterated that he supports medical cannabis, saying that “I know people that have serious problems and they did that and it really does help them.”
“By the way, medical marijuana—medical—I am in favor of it 100 percent,” he said.
At a Wisconsin campaign rally in 2016, Trump said he is “watching Colorado very carefully, see what’s happening out there. I’m getting some very negative reports, I’m getting some OK reports, but I’m getting some very negative reports coming out of Colorado as to what’s happening, so we’ll see what happens.”
“There’s a lasting negative impact [from marijuana use]. You do too much of it… There’s a loss of something, so that book has not been written yet but it’s gonna be written pretty soon and I’m not hearing very positive things,” he said, adding that on medical cannabis, “I think I am basically for that. I’ve heard some wonderful things in terms of medical.”
Trump told MSNBC in 2015 that “I don’t really think” people should go to jail for marijuana. However, he added that “I think that maybe the dealers have to be looked at very strongly.”
“You have states all of a sudden legalizing it. So it’s sort of hard to say that you’re in one side of the border and you go to jail and you’re on the other side and can you go into a store and buy it,” he said. “So there is going to be changes made there, Joe, and there has to be… That is a very tough subject nowadays, especially since it’s been legalized and will continue to be legalized.”
In another interview with Fox News, he drew a contrast between recreational and medical marijuana consumption.
The former is “a big problem” that has “tremendously damaging effects to the mind, to the brain, to everything,” he said. But he also said he’s “all for medical marijuana and its help.”
In July 2016, Trump was asked whether he would allow former New Jersey Gov. Chris Christie (R) crack down on legal marijuana states if he were to become attorney general.
“I wouldn’t do that, no,” Trump said. “I think it’s up to the states. I’m a states person. I think it should be up to the states, absolutely.”
— Brandon Rittiman (@BrandonRittiman) July 29, 2016
Personal Experience With Marijuana
Trump said in a radio interview in 2016 that “I never have smoked it.”
He also wrote in one of his books, “The America We Deserve,” that’s he’s never used cannabis or any other drug. “I’ve never taken drugs of any kind, never had a glass of alcohol. Never had a cigarette, never had a cup of coffee,” he said.
In an interview with Fox News in 2016, Trump said, “No I have not [smoked marijuana]. I would tell you 100 percent because everyone else seems to admit it nowadays… I’ve never smoked a cigarette either.”
Part of his aversion to drug use seems to be linked to his brother’s death from alcoholism. “He had a profound impact on my life, because you never know where you’re going to end up,” Trump said.
That said, the president said on several occasions during his first election bid that he personally knows people who have benefitted from using medical cannabis.
Marijuana Under A Second Trump Term
It’s hard to say how Trump will approach marijuana policy if elected to a second term. The past four years have given good reason to assume that a federal crackdown is unlikely, but at the same time, the president hasn’t signaled at any point that he’d be proactive at pursuing reform. From an administrative standpoint, it seems possible that the status quo would be maintained.
What the second term’s impact on cannabis may largely come down to is the makeup of Congress. If Democrats hold the House and retake control of the Senate, there’s broad expectations that they will advance some form of marijuana reform legislation to the president’s desk—whether it be occupied by Trump or Biden. It’s not clear whether Trump would sign or veto a far-reaching bill that House Democrats have signaled they want to advance which would deschedule cannabis and fund social equity efforts to repair some of the harms of the war on drugs. If Republicans maintain their Senate majority, a more limited bipartisan bill to simply exempt state-legal marijuana activity could get a shot—and the incumbent president has already indicated he would support it.
Then again, this president has been inconsistent in his views on marijuana and drug policy over the years, so it’s hard to predict where he might come down on the issue if given another four years in the White House.