This year’s U.S. Senate race in Nevada has become one of the most watched of the cycle, and marijuana is increasingly a central issue as Congresswoman Jacky Rosen (D) ramps up her challenge to incumbent Sen. Dean Heller (R).
During the campaign, Rosen has consistently drawn attention to what she says is Heller’s lack of pushback against U.S. Attorney General Jeff Sessions’s moves to rescind protections for state cannabis laws.
Rosen herself had written to Sessions in January, urging him to reverse his decision to end Obama-era guidance on the issue — known as the Cole Memorandum — that generally allowed states the freedom to enact legalization and regulate their own cannabis industries without federal interference.
ICYMI: I sent a letter to AG Jeff Sessions demanding @DeptofJustice end its marijuana crackdown. The DOJ shouldn’t interfere with states' rights and halt the progress that has been made on medical and recreational marijuana use in Nevada. pic.twitter.com/UFFAHi6F3W
— Rep. Jacky Rosen (@RepJackyRosen) January 24, 2018
Meanwhile, Heller also made a statement in response to Session’s decision: “Knowing Attorney General Sessions’ deference to states’ rights, I strongly encourage the DOJ to meet with Governor Sandoval and Attorney General Laxalt to discuss the implications of changes to federal marijuana enforcement policy. I also urge the DOJ to work with the congressional delegations from states like Nevada that have legalized marijuana as they review and navigate the new policy.”
However, as Rosen pointed out in January, Heller is the only Republican senator up for re-election this year who’s both from an adult use cannabis state and also voted to confirm Sessions as attorney general.
— Jacky Rosen (@RosenforNevada) January 6, 2018
On various counts, Rosen has vocalized her support for legal marijuana — citing benefits like job creation and tax revenue — as well as her commitment to protecting state cannabis industries from federal interference, all while simultaneously attacking Heller for his relative passivity on the issue.
Senator Heller stood on the sidelines while Jeff Sessions attacked our marijuana industry.
— Jacky Rosen (@RosenforNevada) August 7, 2018
In addition to public commentary, Rosen has taken a stand by cosponsoring several congressional bills relating to cannabis, including the STATES Act to strengthen states’ rights on marijuana, the VA Medicinal Cannabis Research Act of 2018, the SAFE Act of 2017 to secure banking for the cannabis industry and the Regulate Marijuana Like Alcohol Act, as well as legislation to ensure tax fairness for cannabis businesses and to remove roadblocks to marijuana research.
“Nevada voters chose to legalize recreational marijuana in 2016, and states like Nevada have shown that allowing responsible adults to purchase marijuana legally supports our state budget, creates new jobs and businesses, and drives our economy instead of making our broken criminal justice system worse,” Rosen said in a press release about signing on to the Regulate Marijuana Like Alcohol Act. “I believe it’s time to end the federal prohibition on marijuana, start regulating this product like alcohol, and get rid of barriers for states like ours where voters have made this decision to move forward.”
Nevada's marijuana industry has created thousands of jobs and continues to exceed revenue projections. In the Senate, I'll keep fighting to support these workers and protect these businesses from federal interference. https://t.co/iOpOmOXf1V
— Jacky Rosen (@RosenforNevada) July 27, 2018
Though publicly less vehement on the issue than Rosen is, Heller has cosponsored a handful of cannabis bills during his time in the Senate, namely the Marijuana Businesses Access to Banking Act of 2015 and the Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015.
But he has not signed onto the CARERS Act or the banking bill in their current iterations during the 115th Congress.
Though Heller has discussed cannabis under the umbrella of states’ rights, in 2007, as a House member, he voted against an amendment shielding state medical marijuana laws from federal interference.
By 2015, Heller made a statement that “the time has come for the federal government to stop impeding the doctor-patient relationship in states that have decided their own medical marijuana policies.”
Meanwhile, NORML gave Heller a B grade in its congressional scorecard last year. Rosen will receive an A in the organization’s forthcoming analysis of the current Congress, and Heller is being downgraded to a C for “not representing his constituents,” NORML Political Director Justin Strekal told Marijuana Moment.
NORML is getting ready to release it's 2018 scorecard and challenger ratings. Lots of interesting races, like in #Nevada where @RepJackyRosen will have an A for cosponsoring the STATES AcT against @SenDeanHeller who has yet to put his name on comprehensive reform legislation.
— NORML (@NORML) August 14, 2018
Two years ago, Nevada voters approved legalization by a margin of 54 percent to 46 percent. This year, it could end up being the case that a contrast on cannabis issues makes the difference in what is expected to be a very close Senate race.