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The Marijuana Evolution Of Senator Orrin Hatch

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All of a sudden, a Mormon Republican senator from Utah is one of Congress’s leading champions for medical marijuana.

“The evidence shows that cannabis possesses medicinal properties that can truly change people’s lives for the better,” Sen. Orrin Hatch said last month when introducing legislation to remove roadblocks to studies on the drug’s medical potential. “I strongly support research into the medicinal benefits of marijuana, and I remain committed to helping patients find the help they need, whether they suffer from cancer, severe seizures or any other chronic disorder.”

In the days since that Senate floor speech, Hatch has spoken about medical cannabis at seemingly every opportunity. In tweets, press releases, committee hearings and videos, the senator and his staff have consistently maintained a focus on marijuana issues.

Hatch even cited his cannabis advocacy in pushing back against press reports about opioid-related legislation that led to President Trump’s nominee for drug czar withdrawing from consideration last week.

Hatch’s marijuana moves, and how his office has characterized them, have taken many longtime observers of marijuana policy by surprise in light of the Utah GOP senator’s longtime vocal opposition to cannabis law reform.

Hatch’s Cannabis History

Despite telling Rolling Stone last month that there’s been “no transformation” in his position on the issue and that he’s “always been for any decent medicine,” a review of Congressional records shows that Hatch’s views have indeed shifted over the years, in a very big way.

In 1977, when Hatch was a first-year freshman senator in, he voted no on a Judiciary Committee amendment to decriminalize possession of small amounts of marijuana. It cleared the panel over his objection, six votes to four.

“We’re sending out a message that really shouldn’t be sent out,” the Utah senator said.

But that was only a temporary setback for prohibitionist forces. After the vote, Hatch threatened to submit a substitute amendment establishing prison sentences for low-level cannabis possession, and the committee reversed itself the following week, undoing the decrim proposal.

Nearly two decades later, Hatch had ascended to the chairmanship of the panel. In December 1996, just weeks after California and Arizona voters became the first in the country to approve medical cannabis, he convened a Judiciary Committee hearing with the intent of pressing Clinton administration officials to work to overturn the state measures.

“Perhaps the most effective way to handle this would be to work with concerned citizens in Arizona and California who want to modify or repeal these initiatives,” he said, according to the hearing record. “I would like to know what the administration’s thinking is in this area and who is going to make these decisions as soon as possible because I think we can’t let this go without a response.”

Citing the DEA and other cannabis opponents, Hatch said that the “asserted medical benefits of marijuana have been rejected,” “marijuana is likely to be more cancer-causing than tobacco” and that the state initiatives “send the wrong message to our youth and easily could worsen the problem.”

He argued that the drug legalization movement essentially tricked voters into approving the ballot measures with “disingenuous tactics” such as misleading TV ads that “tug at the heartstrings.”

“Today, we will hear how the philanthropists of the drug legalization movement pumped millions of dollars in out-of-state soft money into stealth campaigns designed to conceal their real objective — the legalization of drugs. We will view some of their deceptive advertisements and we will learn the true threat these soft-headed campaigns pose to America…

“These were successful examples of stealth political strategies — that relied on misdirection and dissemblance to persuade the public that a campaign is devoted to salving the pain of the ill and dying or is designed to ‘get tough’ with drug offenders, but in truth were just a first step in a larger movement toward decriminalization of controlled drugs.”

Hatch’s Evolution

Over the years, however, Hatch apparently met people whose real stories convinced him that cannabis actually does have medical benefits.

In the floor speech he gave introducing his marijuana research bill last month, for example, the senator told the story of a young constituent suffering from severe epilepsy, whom he called a “friend.”

“The current treatment for his condition, with no guarantee of success, would be invasive brain surgery,” Hatch said. “This poor family is seeking help, yearning for a way for their child to live a safe and healthy life. Compounds found in marijuana could significantly mitigate the severity of my friend’s seizures and even help him lead a normal life. But current regulations prevent the development of any such treatment from going forward. So this young man is left to suffer.”

Far from the dire warnings he deployed in the 1996 hearing, Hatch has even taken to jokingly using pot puns in his statements about cannabis. A lot of them.

“As I said last month on the Senate floor, it’s high time we give stone-cold serious consideration to medical marijuana research. For twenty years, states have delved into the weeds of potential uses, but research has often been stymied by a puffed-up regulatory bureaucracy. As doctors strain to find effective alternatives to addictive opioids, they need more than token gestures from Congress; they need potent solutions. That’s why the bill we have rolled out is not a half-baked policy proposal but an earnest effort to address a chronic problem in the system. With growing support from Democrats and Republicans alike, this joint effort represents a unique hash of ideas from members of both parties, and a budding opportunity for real bipartisan reform. We need to blaze a trail for a new era of medical research, and this legislation will light the way.”

Last week, Hatch’s office tweeted a link to a Marijuana Moment story about his pressing U.S. Attorney General Jeff Sessions on marijuana research during a committee hearing, and then followed up with a second tweet facetiously wondering “why anyone would be surprised to find out Orrin Hatch reads ‘Marijuana Moment.'”

Hatch filed a similar marijuana research bill last year, but did not so clearly endorse cannabis’s medical potential in his related remarks upon introduction as he did this time. And his staff didn’t do nearly as much press outreach or social media work about the earlier bill.

Hatch’s State May Legalize Medical Marijuana Soon

The senator’s increasingly involved work on marijuana could be related to the issue’s growing prominence in Utah. Activists there are currently collecting signatures to place a medical cannabis measure on the state’s 2018 ballot.

While Hatch hasn’t publicly weighed in on how he plans to vote on the initiative if it qualifies, he did recently sit down with its organizers, and his office tweeted about the meeting.

Alex Iorg, campaign manager for the Utah Patients Coalition, which is behind the ballot measure, was at the half-hour meeting with the senator.

Hatch’s “change in direction and understanding is very similar to what most people have gone through since the mid-90s. Back then there wasn’t a lot of research,” Iorg told Marijuana Moment in an interview. “He’s learned more, and I think of my parents. Back then they would’ve been totally against it. And now they’re open to the medical value of cannabis, and they’re strong, conservative [Mormons]. I’m sure that his evolution in acceptance of this has evolved right along with most people in Utah.”

A big part of that evolution has been driven by the stories of patients like the young man with epilepsy that Hatch mentioned on the Senate floor last month.

“Those stories have made a huge impact and I think they are mostly to account for the change that you saw in Hatch in mid-90s to today,” said Iorg, who once interned in the senator’s office. “It is those patient stories. They are powerful.”

If Hatch does end up endorsing the ballot measure, it would put him opposite the official stance of The Church of Jesus Christ of Latter-day Saints, commonly referred to as the Mormon Church or LDS, of which he is a member.

“We believe that society is best served by requiring marijuana to go through further research and the FDA approval process that all other drugs must go through before they are prescribed to patients,” the Church said in a statement earlier this year.

But while the Church isn’t necessarily on board with the ballot measure, Iorg’s campaign is getting a lot of support from its individual devotees.

“Among LDS conservative members, we’re polling over half. These are conservative, very active Mormons and we’re finding that what we considered probably our toughest demographic, most of them support our cause,” he said.

While the campaign hasn’t specifically pressed Hatch for an endorsement yet, Iorg thinks the senator would be open to considering it once the measure qualifies for the ballot early next year.

“He was very open and genuinely interested,” the activist said of the senator’s disposition in the recent meeting. “He gave great feedback and asked good questions.”

Perhaps because of his faith, Hatch himself admits he is an “unlikely” ally for medical cannabis patients.

“I’m against illicit drug use and have always been very strong in these areas,” he told Roll Call. “But I’m also a pioneer in good medicine and how we can help doctors and scientists… I have to make these decisions based upon what’s right for the people of Utah and the people of this country. And there’s no reason to be afraid of medical marijuana.”

That’s a far cry from two decades ago, when Hatch argued from the dais of the Senate Judiciary Committee that there are many reasons people should fear legalizing medical cannabis.

Below, read documents from the 1996 Senate hearing Hatch chaired on state medical cannabis legalization, provided to Marijuana Moment by freedom of information journalist Emma Best:

1996 Senate Marijuana Hearing by tomangell on Scribd

Photo courtesy of Gage Skidmore.

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Politics

Marijuana Opponent Kennedy Reconsiders State Legalization Protections

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A Democratic congressman who has acknowledged he is out of step with his party on marijuana policy now says that he doesn’t necessarily support federal crackdowns on states with legalization, even though he has repeatedly voted to allow such enforcement actions.

“The federal government policy on this is incoherent, and the federal government needs to get far more coherent on this,” Congressman Joe Kennedy III (D-MA) said in an interview this week. “For states that have put in place the proper safeguards and procedures, I’d be inclined to support those states.”

Legalization supporters were upset when Democrats tapped Kennedy last month to deliver the party’s response to President Trump’s State of the Union address.

As a member of Congress, Kennedy has not only opposed his state’s move to legalize marijuana, but has voted against amendments to shield state medical marijuana laws from federal interference, allow military veterans to access medical cannabis and protect children who use non-psychoactive cannabidiol extracts to treat severe seizure disorders.

One of only a handful of Democrats to oppose those proposals, Kennedy knows that his views on cannabis are out of step with the party.

“I come at it a little bit differently, obviously, than the vast majority of my colleagues,” he said in a separate interview this month. “I think the party is clearly moving in that legalization direction. It might already be there.”

But in the new interview this week, Kennedy made clear that he still has a lot of concerns about legalization, which he campaigned against in Massachusetts.

“There’s a pretty robust voice in the addiction community that points out some of the challenges and how it has had negative impacts on folks,” he said. “Those voices should be listened to as well.”

He also isn’t sold on medical cannabis, which voters legalized in his state in 2012.

“If we are going to treat something like a medicine, it needs to go through the proper medical trials,” he said. “We’re not going through that process.”

But although Kennedy has repeatedly voted in Congress to allow the Department of Justice to arrest and prosecute medical cannabis patients and providers, he says he doesn’t necessarily want the DEA to launch large-scale raids.

“Assuming there are communities that are doing this in a safe and effective way, I certainly could see myself allowing that go forward,” he said. “I don’t want to upend the access to care that these patients need.”

Although he’s “not proposing a crackdown on it,” Kennedy acknowledged that his overall skepticism about cannabis is “not necessarily reflective of the voters of Massachusetts.”

“I want to make sure that we go about this in the right way with the right safeguards in place to not end up in a circumstance where we can get ourselves in trouble,” he said.

Kennedy’s grandfather, former U.S. Attorney General Bobby Kennedy, criticized the hypocrisy underlying marijuana criminalization half a century ago.

Bobby Kennedy Questioned Marijuana Criminalization 50 Years Ago

Photo courtesy of Martin Grondin.

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Joe Arpaio Supports Medical Marijuana, “Kind Of”

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A former sheriff known for disregarding the rights of immigrants, Latinos and people convicted of drug crimes — and who recently received a pardon from President Trump for his own criminal contempt of court — is voicing support for medical marijuana.

“I wish there was something more we could do with the medical dispensaries to help our veterans [and] people who are sick. I still can’t understand why you can’t go to a drug store on a prescription and get this type of drug,” Joe Arpaio, now a U.S. Senate candidate in Arizona, said. “The medical dispensaries, I kind of support it if it can help the sick people.”

Arpaio was answering a question from Larry King.

This isn’t the first time the former sheriff has spoken in support of medical cannabis.

In 2015, he appeared at an event aimed at educating senior citizens about medical marijuana.

“If this is one thing that really will help them, the medical part of it, and is done legitimately, no diversion, I don’t know, what’s the difference going to the drug store and getting a prescription,” he said at the time.

The opinion of the former Bureau of Narcotics and Dangerous Drugs special agent appears to have shifted over time. In 2010, he campaigned against Arizona’s medical cannabis ballot measure, which ultimately eked out a narrow victory on Election Day.

But while Arpaio sees medical potential for marijuana, he doesn’t support its broader legalization.

“I don’t support using or selling marijuana across our nation,” he said in the new interview with King. “Actually it’s against the law. It’s against the federal law anyway.”

Last year, Arpaio was found in contempt of federal court after refusing to obey a judge’s order to stop racial profiling practices. He also, at one point, got a tank from the Army and decorated it with “Sheriff Arpaio’s War on Drugs” written on the sides.

Congresswoman Martha McSally, who is also running for the Republican nomination for the Arizona Senate seat, voted against amendments to protect state medical cannabis and marijuana legalization laws from federal interference.

Congresswoman Kyrsten Sinema, a Democrat running for the seat, voted in favor of both measures.

Photo courtesy of Gage Skidmore.

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Senate Measure Shields Immigrants From Deportation For Marijuana

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The U.S. Senate could soon vote on whether immigrants should be deported for marijuana activity that follows state laws.

As Congress considers proposals to address immigration policy and border security this week, Sen. Ron Wyden (D-OR) filed an amendment to shield people who use cannabis or work in the industry in legalized states from being deported or denied visas.

It reads:

SA 1983. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION ON INADMISSIBILITY OR DEPORTATION OF
ALIENS WHO COMPLY WITH STATE LAW.

(a) Prohibition on Inadmissibility.–Section
212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(A)(i)(II)) is amended by inserting “other
than an act involving marijuana that is permitted under the
laws of a State or the law of an Indian tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304), that has jurisdiction over
the Indian country, as defined in section 1151 of title 18,
United States Code, in which the act occurs” after
“802)),”.

(b) Prohibition on Deportation.–Section 237(a)(2)(B)(i) of
the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(B)(i)) is amended by striking “marijuana,” and
inserting “marijuana or an offense involving marijuana that
is permitted under the laws of a State or the law of an
Indian tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304),
that has jurisdiction over the Indian country, as defined in
section 1151 of title 18, United States Code, in which the
offense occurs”.

Under current law, immigrants “who at any time after admission” are convicted of a violating any state, federal, or foreign drug law, “other than a single offense involving possession for one’s own use of 30 grams or less of marijuana,” are considered deportable. Those committing certain drug crimes are also ineligible to receive visas or be admitted to the U.S.

Wyden’s amendment would provide exemptions for people who handle marijuana in accordance with state laws.

It is unknown when or if the proposal will receive a vote on the floor.

Photo courtesy of JD Lasica.

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