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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.

If you value staying updated on cannabis news, please start a monthly Patreon pledge to support Marijuana Moment!

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he serves as chairman of 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

More State Political Parties Endorse Marijuana Legalization

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Delegates at Democratic party conventions in two separate states voted to add marijuana legalization planks to their official platforms this weekend.

In Texas, Democrats embraced a policy to “legalize possession and use of marijuana and its derivatives and to regulate its use, production and sale as is successfully done in Colorado, Washington and other States.” Delegates also called on the immediate legalization of medical marijuana, the removal of cannabis from the list of federally banned substances and the release of individuals convicted of marijuana possession, as well as the expungement of records for individuals convicted of marijuana-related misdemeanors.

A separate plank adopted by the party embraces the “legalization of hemp for agricultural purposes.”

The language of the planks is similar to the Texas Democratic Party’s current platform, which also called for marijuana decriminalization and the regulation of the “use, cultivation, production, and sale [of cannabis] as is done with tobacco and alcohol.”

The move comes about a week after the state’s Republican party delegates approved platform planks to decriminalize cannabis, expand the state’s medical marijuana program, reschedule marijuana under federal law and push forward with hemp reform.

In New Hampshire, Democratic delegates also voted in favor of adding a platform plank to legalize cannabis. “We believe that marijuana should be legalized, taxed, and regulated,” the Granite State Dems’ new plank reads. Delegates at the convention also approved a resolution supporting the removal of marijuana from the Controlled Substances Act.

The passage of the pro-legalization plank in New Hampshire reflects a significant policy evolution—but the path to its approval wasn’t necessarily smooth. There was debate among party officials about the initial language of the plank, which said the state should “treat cannabis in a manner similar to alcohol.” The plank was changed to satisfy some members who took issue with the reference to alcohol, The Concord Monitor reported. Even so, not all members were on board with the plank, with House Minority Leader Steve Shurtleff arguing that the party should wait until a legislative commission studying the impact of legalization in the state submits its report in November.

That the party’s delegates went ahead and adopted the legal marijuana endorsement is “an encouraging development that bodes very well for the future of cannabis policy in New Hampshire,” Matt Simon, New England political director for the Marijuana Policy Project, told Marijuana Moment. “After several years of modest, incremental reforms being obstructed by previous Democratic Governors John Lynch and Maggie Hassan, it’s great to see that the party, and both of its gubernatorial candidates, are now embracing legalization and regulation.”

New Hampshire’s Republican party has not taken up legalization as a platform plank.

The Texas and New Hampshire Dems joined the ranks of several others that approved similar platform positions.

In May, the Democratic Party of New York endorsed a resolution supporting “the legalization of marijuana which should be regulated and taxed in a manner similar to alcohol.” Connecticut’s Democratic party also adopted a platform plank this year stating that “[t]he time for legalization of Marijuana has come.”

“Doing so will raise revenue, which can be used to benefit those suffering from the disease of addiction to prescription pain medications and other opioids.”

And from California to Wisconsin, Democratic party delegates across the country officially backed marijuana legalization in 2016—and numerous others threw their support behind more modest cannabis reform policies such as decriminalization. Iowa’s Democratic party went even further, calling for the legalization of all drugs.

That same year, the Democratic National Convention (DNC) approved the first-ever major party platform to include a plank embracing a “reasoned pathway for future legalization” and the rescheduling of cannabis under federal law.

“We believe that the states should be laboratories of democracy on the issue of marijuana, and those states that want to decriminalize it or provide access to medical marijuana should be able to do so. We support policies that will allow more research on marijuana, as well as reforming our laws to allow legal marijuana businesses to exist without uncertainty. And we recognize our current marijuana laws have had an unacceptable disparate impact in terms of arrest rates for African Americans that far outstrip arrest rates for whites, despite similar usage rates.”

The growing support for legalization among Democratic state parties appears to reflect a similar trend in public opinion toward cannabis reform nationally. A recent poll found that a record 68 percent of Americans believe marijuana should be legal. That includes a majority of Republicans. While federal lawmakers have generally been slower to adopt pro-legalization stances, a number of bipartisan bills have also been introduced in recent months that aim to reform the country’s cannabis laws.

Support for Marijuana Legalization At Record High, New Survey Shows

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James Comey Weighs In On Marijuana Legalization

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Former FBI Director James Comey, at the center of a wide-ranging investigation into whether President Trump obstructed justice, has been asked many times what he thinks about the rule of law and related matters during the course of a publicity tour for his new book.

On Friday, he was asked to share his thoughts about marijuana legalization.

“The experiment is underway in the United States and I think the jury is still out on it,” Comey said.

“What I like about what’s going on in the U.S. is we call the states the laboratories of democracy, and allow the people in the states to experiment — experiment is probably the wrong word in this context — but to make choices, to try and figure out the best way not to overcriminalize behavior that people want to engage in, but also not to reward behavior that might hurt especially young people.”

While the former top federal cop indicated he supports letting states implement cannabis policies that are in conflict with U.S. laws, he’s not yet ready to personally endorse legalization.

“I’d like to see how it goes and what the natural break on it is. Does it really lead down a slippery slope to other drugs?” he said in the interview with LBC in the UK. “And there’s emerging science about the the dangers to the brain of smoked marijuana. Smoked marijuana is not medicine, and so I honestly don’t know.”

“I think it’s worth experimenting with relaxation, talking about it, but monitoring it very closely.”

See Comey’s marijuana comments, roughly 18:50 into the clip below:

In 2014, as FBI director, Comey made headlines by suggesting that he wanted to relax the bureau’s employment policies with respect to drug use.

“I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview,” he said at the time.

He walked the comments back days later in response to questioning from then-Sen. Jeff Sessions, who now serves as U.S. attorney general.

“I was trying to be both serious and funny,” Comey said in response to the “disappointed” senator.

Photo courtesy of FBI.

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Marijuana Legalization Bill Moves Forward In U.S. Territory

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About a week after a U.S. territory hit a snag on the road to full marijuana legalization, a committee made several revisions to the bill that are expected to clear the path to passage.

Lawmakers in the Commonwealth of the Northern Mariana Islands (CNMI) seemed set to put a legalization bill to a full House of Representatives vote on June 12, but the bill was unexpectedly sent back to the chamber’s Committee on Judiciary and Governmental Operations (JGO).

That same committee previously unanimously approved the legislation in May. It also passed in the territory’s full Senate that month.

Upon referral, the committee made a number of revisions, including the removal of licensing fees for statutory reasons and the addition of a policy that bans regulatory commissioners from participating in the program if they’ve been convicted of a crime within the last 15 years, legalization advocate Gerry Palacios  of Sensible CNMI told Marijuana Moment. Because two sections regarding cannabis use and sales for individuals under 21 contradicted each other, one was struck from the legislation.

CNMI Marijuana Legalization Bill by MarijuanaMoment on Scribd

One question still needs to be resolved by lawmakers: the JGO recommended a recess until July 2 in order to clear up whether fines levied against individuals who violate the law would be counted as “revenue generators.” If the commission determines that these fines are not a part of the revenue stream, the fines provision will remain in the bill. (Revenue generation legislation is supposed to originate in the House — and not the Senate, where the legalization bill was first filed.)

Another change the committee made to the bill on Thursday would speed up the timeline for implementing legalization. The JGO amended the legislation to require that the CNMI Cannabis Commission would be created within 30 days of the passage of the bill instead of 90 days.

“These changes were made for clarification and constitutional purposes for speedy passage of the bill,” Palacios said. “The goal is to keep the intent and integrity of the bill intact while at the same time addressing issues on interpretation of its language.”

“Once the JGO convenes on July 2 after clarification on [the] ‘fines’ issue, they will move to adopt and push for full House review.”

So that’s where the state of cannabis legalization in the U.S. jurisdiction stands. Advocates tell Marijuana Moment that the Senate is likely to OK the changes recommended by the committee, but it’s unclear when a full House vote will take place at this point. If the bill ultimately passes, CNMI will be the first U.S. territory to fully legalize without a preexisting medical cannabis system in place.

“The Senate will have no problem with these changes as long as the bill’s integrity and intent are kept.”

That said, the territory’s governor, Ralph Torres, expressed concerns earlier this month about the potential impact of legalization on public health and crime.

“In the nine states that have legalized marijuana, have we seen an increase in crime?,” he asked, according to Marianas Variety. “If there is, what is the nature of these crimes? We should look at this and other things. I am concerned about public safety issues.”

Here’s what the bill would accomplish

  • Adults 21 and older would be allowed to possess, grow and consume cannabis.
  • CNMI would establish a regulatory system to produce, process and manage retail sales of marijuana.
  • Tax revenue from marijuana sales would go toward funding the regulatory system and other government services.

U.S. Territories Could Legalize Marijuana Soon

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