When Texas voters hit the polls in November, they’ll face a choice between two U.S. Senate candidates who have significantly divergent views on marijuana and are facing off in one of the nation’s most-watched races, the result of which could determine whether Democrats or Republicans end up controlling Congress’s upper chamber.
Rep. Beto O’Rourke (D-TX) is taking on incumbent Sen. Ted Cruz (R-TX), who is running for a second term. Polling reveals a surprisingly tight race—with O’Rourke behind by about four points on average—and while marijuana isn’t exactly center stage for either campaign, it’s clear how the candidates differ on the issue.
O’Rourke wants to end the federal prohibition of cannabis and create a legal, regulated system to deter youth consumption while stripping criminal enterprises of profits. He also supports expunging the criminal records of people who’ve been convicted of non-violent marijuana offenses.
When it comes to underage use, O’Rourke has voiced concerns about marijuana’s potential impact on cognitive development. In a road trip campaign video from last year, he said that all of the solutions to that problem were “bad,” but the “least bad” solution was legalization and regulation.
The congressman has also supported various pieces of marijuana-related legislation during his time in the House, including measures that would expand cannabis research, prevent federal interference in legal states and increase access to medical marijuana for veterans. He is also the lead sponsor of a bill that would repeal a law that reduces highway funding for states that don’t automatically suspend drivers licenses for people convicted of drug offenses.
Taken together, it’s no surprise that O’Rourke would receive an endorsement for his Senate run from NORML’s political action committee. In a press release, NORML PAC executive director Erik Altieri said the Democratic nominee “has been a true champion for abolishing our disastrous prohibition on marijuana since the very beginning of his political career as a city council member in El Paso.”
“As Senator, O’Rourke will be an outspoken and indispensable ally in reforming our federal laws relating to marijuana and fight to finally end our failed prohibitionist policies that are currently tearing apart families, oppressing communities of color, squandering countless tax dollars, and filling the coffers of criminal cartels.”
The organization gave O’Rourke a B+ grade in its congressional scorecard.
O’Rourke has been a vocal supporter of marijuana policy reform since years before he entered Congress, for example speaking at the 2009 International Drug Policy Reform Conference.
On a lighter note, O’Rourke made headlines this summer when he performed the marijuana-themed song “Roll Me Up And Smoke Me When I Die” on stage with fellow Texan Willie Nelson.
O’Rourke has also found a friend in Rep. Earl Blumenauer (D-OR), another pro-legalization lawmaker who supports the congressman’s bid to de-seat Cruz.
My friend & colleague @BetoORourke understands what's at stake with dangerous & unfair marijuana policies. A message I've carried around the country, but nothing beats hearing it from a high profile candidate like Beto as he takes on Ted Cruz.https://t.co/oQPFyz2QZa
— Earl Blumenauer (@repblumenauer) August 30, 2018
Speaking of Cruz, the incumbent senator has taken a decidedly federalist approach to marijuana, saying that while he personally wouldn’t vote for any state referendum to legalize cannabis, he believes that it’s the “prerogative” of voters to decide on the issue at the state level without federal interference.
“The people of Colorado have made a different decision. I respect that decision.“
“It is an opportunity for the rest of the country to see what happens here in Colorado, what happens in Washington state, see the states implement the policies,” Cruz said in April 2016 in the midst of his ultimately unsuccessful campaign for the Republican presidential nomination that year. “If it works well, other states may choose to follow. If it doesn’t work well, other states may choose not to follow.”
And while Cruz has received a “C” grade from NORML for his hands-off position on state marijuana legalization efforts, he hasn’t signed his name onto a single piece of cannabis reform legislation during his time in the Senate.
He’s also attempted to undermine his opponent throughout the campaign by criticizing O’Rourke’s drug policy reform platform.
Specifically, the senator has taken comments O’Rourke made during his time as a member of the El Paso City Council out of context and leveraged those comments to suggest that his opponent supports legalizing all drugs, including heroin.
With opioids ravaging so many American communities, Congressman Beto O’Rourke's radical resolution to legalize all narcotics—including heroin and other deadly opioids—is looking worse and worse all the time: https://t.co/VdwaYMccMn #TXSen
— Ted Cruz (@tedcruz) May 1, 2018
The “radical resolution” Cruz referenced wasn’t actually a resolution in favor of legalization itself; rather, O’Rourke floated the idea of simply considering ending prohibition as an amendment to a 2009 City Council measure focused on curbing violence near the U.S.-Mexico border. PolitiFact rated Cruz’s tweet as “false.”
“It was an artless, and even inaccurate amendment to the larger resolution (I only learned later that marijuana is not a narcotic, even though it was precisely that drug that I felt people would be most open to debating), but it got the point across,” O’Rourke wrote in his 2011 book, Dealing Death and Drugs. He continued:
“I knew we were addressing a taboo topic, one that conventional wisdom dictated that only potheads, hard-core libertarians and political suicides ever brought up. But I also knew that Juarez had gone beyond the pale and it was time to place all options on the table, even those that had been unthinkable, for me as well as others, just a year ago.”
Even so, Cruz’s team put out a political ad that seems meant to look like O’Rourke personally endorses the legalization of all narcotics.
.@TedCruz also has a new TV ad contrasting his work on unemployment drug testing with @BetoORourke's 2009 comments about the war on drugs (Background: https://t.co/cLxvNdigIs). #txsen pic.twitter.com/leVOnazXaN
— Patrick Svitek (@PatrickSvitek) August 3, 2018
The ad also notes Cruz’s support for legislation mandating drug testing for individuals seeking federal unemployment benefits.
It’s not the first time O’Rourke’s push to debate legalization has been used by political opponents. But when former U.S. Rep. Sylvestre Reyes (D-TX) tried to convince voters that O’Rourke’s resolution amendment meant he was for legalizing all drugs during their 2009 Democratic primary race, it seemed to backfire.
Reyes had personally lobbied the El Paso City Council to defeat O’Rourke’s proposal, a move that angered the councilman so much that three years later he ran against the congressman in a Democratic primary.
Voters chose the challenger over the incumbent for the nomination, clearing the path for O’Rourke’s rise to Congress. Of course, a congressional primary election in a Democratic-leaning district in 2009 doesn’t exactly provide a clean parallel to a 2018 statewide Senate race in Texas, and Cruz seems to be betting that similar anti-drug messaging will serve him better in November than it did Reyes.
It’s not clear to what extent each candidate’s marijuana stance will influence how Texans vote in the midterm election, but there are a couple of things to keep in mind going into November. Sixty-one percent of Texas voters favor ending federal cannabis prohibition, compared to just 34 percent who oppose it, according to a 2018 Quinnipiac University survey.
Even the Texas Republican Party endorsed marijuana decriminalization and expansion of the state’s current limited medical cannabis law during their June conference.
And while Cruz’s federalist perspective on the issue distinguishes him from other hardline prohibitionists in Congress, it seems increasingly clear that even in red states like Texas, where no Democrat has been elected to statewide office in decades, marijuana has become a political mainstay.
Photo courtesy of Jurassic Blueberries.
State Of Montana Launches Online Hemp Marketplace To Connect Buyers And Sellers
Say you’re a Montana farmer who has planted acres of industrial hemp. As harvest nears, you’re looking to offload it. Where do you go to find a buyer?
Montana’s Department of Agriculture says it has the answer.
The state this week announced the launch of an online “Hemp Marketplace,” unveiling an online portal meant to connect the hemp farmers with buyers in search of seeds, fiber and derivatives such as cannabidiol, or CBD.
“The Hemp Marketplace concept originated from the same idea as the department’s Hay Hotline,” the Agriculture Department says on its website, “only instead of hay and pasture, the online tool connects buyers and sellers of hemp and hemp derivatives.”
Listings are free of charge.
Montana farmers have embraced industrial hemp since the state legalized its production under a federal pilot program. The first legal crop was planted in 2017, and in recent years the state has led the country in terms of space dedicated to the plant. In 2018, for example, licensed farmers in Montana grew more acreage of hemp than any other U.S. state. While other states have since eclipsed the state’s hemp production—the crop became broadly federally legal through the 2018 Farm Bill—Montana remains an industry leader.
But to make revenue, farmers have to be able to sell their crop. That’s where the new hemp marketplace comes in. The online portal is essentially a sophisticated bulletin board for buyers and sellers, split into “Hemp for Sale” and “Hemp to Buy” categories.
“With hemp being a relatively new crop grown in Montana, the department recognizes that these markets are still developing,” Department of Agriculture Director Ben Thomas said in a statement. “The Hemp Marketplace was designed to help facilitate connections between buyers and sellers. I’m looking forward to seeing how the marketplace will continue to advance the industry.”
Listings include what type of products are on offer (or being sought), whether a given crop is organic and even whether laboratory testing data is available. The portal also organizes products into one of four varieties based on whether the hemp seeds have been certified by regulators. None of the products may contain more than 0.3 percent THC—the upper limit for what qualifies as hemp under both state and federal law.
Meanwhile, Montana voters are set to decide on Tuesday whether the state will legalize hemp’s more infamous cousin, high-THC marijuana. According to a poll released this week, passage looks likely: The survey, conducted by Montana State University at Billings, found that 54 percent of likely voters plan to support legal cannabis on the ballot. Another 38 percent said they were opposed, while 7 percent remained undecided.
At the federal level, officials at the Drug Enforcement Administration are still working to revise rules around marijuana and hemp to reflect Congress’s move to legalize hemp broadly in 2018. While the public comment on the proposals closed earlier this month, nine members of Congress cautioned the agency against adopting its proposed changes, warning some could put hemp producers at risk of criminal liability. Already a number of arrests and seizures have been made by law enforcement officers confused whether products were legal hemp or illicit marijuana.
The U.S. Department of Agriculture (USDA), meanwhile, has faced separate criticism over its own proposed hemp rules, though it has been more proactive in addressing them. Following significant pushback from the industry over certain regulations it views as excessively restrictive, the agency reopened a public comment period, which closed again this month.
USDA is also planning to distribute a national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the market.
Photo courtesy of Brendan Cleak
New Jersey Governor Steps Up Marijuana Legalization Push As New Ad Touts Economic Benefits Days Before Election
With just a few days to go before Election Day, New Jersey Gov. Phil Murphy (D) is continuing to stump for marijuana legalization in that state, extolling the economic and social justice benefits he says the change would bring. His latest comments came shortly after the release of a new campaign ad focusing on legalization’s economic impact.
“We’ll build an industry, it would be a revenue-generator,” Murphy said in an interview with Yahoo Finance. “I think at first it would be modest, but ultimately will grow, I think, into several hundred million dollars in the state budget.”
“Along with social justice,” he added, “that’s a pretty good, winning combination.”
Recent polling suggests voters are mostly on board with legalization, with surveys showing upwards of 60% support for Public Question 1, a referendum to legalize and establish a commercial industry around the drug. If it passes, some lawmakers hope legal sales to adults 21 and older could begin as soon as next month, though regulators and some advocates have pushed back on the plan to start sales in existing medical cannabis dispensaries, saying that it could lead to access and supply issues for patients.
Highlight: "The public sentiment is strongly in favor" of legalizing marijuana in New Jersey, @GovMurphy says. "I hope that's what happens on Tuesday… I get there because of social justice." Notes racial disparities in drug convictions in NJ. pic.twitter.com/vPp2hnqFM4
— Yahoo Finance (@YahooFinance) October 30, 2020
Legalization would indeed likely bring in millions of dollars to the state budget, hit hard by the coronavirus pandemic and ensuing economic downturn. But Murphy claims his chief motivation for supporting the measure is racial justice.
“When I became governor, we had the widest white–nonwhite gap of persons incarcerated, believe it or not, of any American state. The biggest reason was low-end drug offenses,” he said. “So I get there first and foremost because of social justice.”
Meanwhile, on Wednesday, one of the campaign committees behind New Jersey’s legalization effort, NJ CAN 2020, released a new 30-second ad emphasizing the economic benefits legalization could bring the cash-strapped state.
“At a time when this crisis has created challenges we all face—a budget deficit and a lack of funding for services we need—New Jersey could raise hundreds of millions of dollars to support our local schools, vital health care services and community programs, by simply voting yes on Public Question 1,” the ad says.
Earlier this week, U.S. Sen. Cory Booker (D-NJ) also filmed a video in support of the measure. Appearing in a NJ CAN campaign video released Wednesday, he said prohibition “has not been a war on drugs, but a war on people.”
“Veterans, for example, are more likely to be arrested for drug use or possession of marijuana. Instead of getting help, they’re often hurt by a system that piles upon them criminal charges for doing things that two of the last three presidents admitted to doing,” he said.
Black, Latino and low-income communities are also disproportionately targeted by enforcement of drug laws, Booker added. “We can do this as a state so much more responsibly, and instead of destroying lives we can get more resources to help to empower the well-being of all New Jerseyans.”
In other legal states, cannabis has been a rare bright spot in terms of tax revenue. Oregon, for example, saw record sales this summer even as other areas of the economy slowed. State budget analysts said last month that they expect the strong sales to continue.
“Since the pandemic began, the increase in recreational sales have been more than 30 percent above forecast,” Oregon’s Office of Economic Analysis said in a recent report. “Expectations are that some of these increases will be permanent.”
Other established markets, such as Washington state, Colorado and Nevada, have also seen “strong gains” in marijuana sales amid the pandemic, Oregon’s budget office noted.
Big money has also been flowing into New Jersey’s legalization campaign itself. A report released Thursday by the state Election Law Enforcement Commission (ELEC) shows that committees supporting the referendum have raised more than $2 million in campaign contributions. That’s compared to just $9,913 brought in by opponents.
“Assuming all available funds are spent, the marijuana ballot question already ranks eighth among the top ten most expensive public referenda in the Garden State,” ELEC Executive Director Jeff Brindle said. “Keep in mind that marijuana interests already have spent $4.1 million on lobbying between 2017 and 2019. So the industry’s overall political investment in New Jersey already has topped $6 million.”
If voters approve the referendum, lawmakers will still need to pass a bill to establish a framework for the state’s legal marijuana market. A legislative hearing to get a head start on planning was scheduled for last week, but that was canceled when a state senator leading the proposal went into quarantine after being exposed to the coronavirus.
Friday’s appearance by Murphy is the latest effort by the governor to encourage voters to back legalization. He also recorded a video that was released by NJ CAN 2020 earlier this month and recently called on voters to support the proposal in an email blast circulated by the New Jersey Democratic State Committee.
In July, Murphy described legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.
The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”
Also this month, the NJ CAN campaign scaled up its advertising push, releasing a series of English- and Spanish-language videos.
In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces of marijuana a civil penalty without the threat of jail time. The bill hasn’t advanced in the Senate.
Oregon Psilocybin Ballot Measure Can Help Dying People Find Peace, Doctor Says In TV Ad
Oregon’s first-of-its-kind ballot measure to legalize psilocybin therapy has the potential to help ease mental suffering for terminally ill people, a medical doctor says in a new TV ad for the initiative.
“I’ve worked in end-of-life care for 28 years. In hospice, we believe when people are dying, we should treat their pain—physical or mental distress,” Dr. Nick Gideonse says in the 30-second spot. “There’s often mental suffering that comes with a terminal diagnosis.”
“So I support Measure 109 to allow psilocybin therapy for terminally ill people suffering from depression. It’s humane,” he said. “Yes on 109 will help those near death come to terms with their diagnosis and find peace.”
If approved by voters, adults would be able to access the psychedelic in a medically supervised environment. There aren’t any limitations on the types of conditions that would make a patient eligible for the treatment.
A previous ad released earlier this month by the campaign featured a state senator who is also a medical doctor saying that the measure “promotes safety for a therapy that can help people who are suffering.”
That followed an independent spot by the nonprofit Heroic Hearts Project going on the air in Oregon to tout the benefits of psilocybin therapy, but it didn’t mention the specific ballot measure.
A campaign working to pass a separate measure on the Oregon ballot to decriminalize drug possession and expand substance misuse treatment also recently released a series of ads.
The Oregon Democratic Party formally endorsed both measures last month.
Meanwhile, the psychedelic reform measure has drawn opposition from an unlikely source. Decriminalize Nature, which has led efforts to pass local policies reducing criminal enforcement against psilocybin and other entheogens, has argued that it could threaten equitable access to the substance.
Rep. Earl Blumenauer (D-OR) told Marijuana Moment in January that he was in favor of the psilocybin reform proposal and that he would be working to boost the campaign as the election approaches. In August, he wrote in an email blast that passing the measure is necessary “because it tackles an important issue in our community, mental health, and it does so in an innovative and responsible way.”
Photo courtesy of Wikimedia/Workman.