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Marijuana In Texas: Where Ted Cruz And Beto O’Rourke Stand On Legalization

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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.

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.

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.

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.

Texas Republican Party Endorses Marijuana Decriminalization

Photo courtesy of Jurassic Blueberries.

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Kyle Jaeger is an LA-based contributor to Marijuana Moment. His work has also appeared in High Times, VICE, and attn.

Politics

California Gov. Jerry Brown Keeps Saying Mean Things About Marijuana Consumers

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During his two stints as California governor—between 1975 and 1983, and 2011 and next January, when he is termed out and may finally retire from almost 50 years of public life—Jerry Brown has become known for several character traits.

He is frugal, to the point of parsimony. He is attentive to issues that are way out there. He is concerned about climate change. And he cannot stop making negative, non-germane non sequiturs about marijuana, his state’s biggest cash crop.

In 2014, he suggested that neither California nor the United States could be a great economic power if marijuana was legalized, thanks to the shiftiness of “the potheads.”

“The world’s pretty dangerous, very competitive,” he said during an appearance on NBC’s Meet The Press. “I think we need to stay alert, if not 24 hours a day, more than some of the potheads might be able to put together.”

Giving his reasoning why he opposed marijuana legalization, he mused, “how many people can get stoned and still have a great state or a great nation?”

Now, in a New York Times profile published on Tuesday, while speaking on the subject of climate change, Brown reached deep into his pocket for a very off-topic cannabis-themed barb.

“We either do nothing and smoke marijuana because it’s legalized, or we put our shoulder to the plow and do everything we can,” he told the paper on a recent afternoon (one of 23 interviews he gave that same day, according to the Times). “I don’t know if I’m an optimist. I’m a realist.”

Links between recreational marijuana use and some vague “dumbing-down” of the populace are unfounded, and are reminiscent of the spurious, race-baiting tactics employed by former drug czar Harry Anslinger.

The source of Brown’s opprobrium towards marijuana is not immediately clear.

Before his election in 2010, Brown offered laconic yet incoherent reasoning for his adamant anti-legalization stance.

“You know, the number one drug on the street is marijuana. The cartels are increasingly taking over. This is a serious problem,” he told an interviewer with GQ.

(At the time, California had a thriving medical cannabis industry. Legalized marijuana was later found to compel drug-traffickers to exit trade in the drug and seek other forms of income.)

“I think it’s more prudent for California not to embrace a legalization strategy,” he added. “I don’t think fostering chemicals is a smart move.”

He declined to engage with the interviewer when asked if he’d support a policy of prohibiting alcohol.

Brown’s stance puts the 80-year-old at odds with most of his fellow California Democrats—chief among whom must be Lt. Gov. Gavin Newsom.

After opposing marijuana legalization in 2010, Newsom quickly hopped on board the cannabis bandwagon following Colorado and Washington’s votes to end cannabis prohibition in 2012, and was the most prominent political backer of 2016’s Prop. 64, which legalized recreational marijuana in California.

Newsom briefly mounted a bid for California governor a decade ago before he was boxed out by the better-funded and better-prepared elder statesman.

In recent years, Brown did eventually sign into law a package of bills that set up a regulated and taxed commercial cannabis industry in the state. But his outdated Reefer Madness views about people who consume marijuana seem to persist, if this week’s Times interview is any indication.

Teen Marijuana Use Is Down In California Following Legalization, State-Funded Study Shows

Photo courtesy of Bob Tilden.

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Legalizing Psilocybin Could Be The Next Frontier In Drug Policy Reform After Marijuana

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Drug policy reform isn’t likely to end with marijuana legalization—and if you’re wondering what the next step in the broader movement could be, it’s worth looking into psilocybin, the active ingredient in “magic mushrooms.”

Earlier this month, state- and city-level campaigns to change psilocybin laws made small advancements. Organizers in Denver submitted two initiatives to decriminalize the psychedelic compound, which would appear on a citywide ballot in May 2019 if both or either receive enough signatures.

And in Oregon, a measure that would legalize psilocybin-assisted treatment entered the signature gathering stage. That measure would appear on a state ballot in 2020 if the effort succeeds.

“We’re excited to gather signatures in support of establishing a community-based service framework, in which licensed providers, along with licensed producers of psilocybin mushrooms, can blaze new trails in Oregon in accordance with evolving practice standards,” psychotherapist Tom Eckert, who is a chief petitioner for the measure, said in a press release.

Though there’s still a lot of work to do on the marijuana reform front—and advocates haven’t exactly joined arms with the psilocybin movement yet—the efforts share several parallels. For example, both cannabis and psilocybin are federally banned as Schedule I drugs, meaning the government considers them to have a high potential for abuse and to be medically useless.

Research disputes that position for both substances. While an admittedly larger body of research has demonstrated various therapeutic benefits of marijuana, several studies have found compelling evidence that psilocybin can provide relief for individuals suffering from conditions such as depression and addiction—and research is ongoing.

“To be clear, there’s no scientific basis for psilocybin’s continued inclusion on Schedule I,” Angela Bacca, a strategist for the Psilocybin Service Initiative of Oregon, said. “It is imperative we change the law to match the reality and science because people are suffering who could otherwise benefit from this safe and uniquely effective service.”

Neither the Denver nor Oregon measures would create a legal retail system for psilocybin, as has been seen throughout the U.S. for marijuana. And in Denver, organizers submitted two separate decriminalization initiatives in order to test the waters, seeing if there’d be enough support to include cultivation in the language of their primary decriminalization measure.

If that initiative fails, the group Denver for Psilocybin will put their energy toward a similar initiative that simply decriminalizes low-level possession and personal use.

“It’s a natural right. It’s a human right,” Kevin Matthews, campaign director for Denver for Psilocybin, told Westword. “This one is our Hail Mary victory shot.”

Organizers in California recently attempted to get a psilocybin decriminalization initiative on the 2018 ballot, but that effort failed.

Congresswoman Tulsi Gabbard Talks Marijuana And Psychedelics With Joe Rogan

Photo courtesy of Wikimedia/Mädi.

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Beto O’Rourke Slams Drug War And Police Killing Of Botham Jean At Dallas Event

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Rep. Beto O’Rourke (D-TX), who is running for U.S. Senate this year, spoke before an animated crowd at a Baptist church in Dallas on Friday, decrying the war on drugs and calling for the end of marijuana prohibition.

The candidate, who’s made a strong showing in his race against incumbent Sen. Ted Cruz (R-TX), also commented on the recent killing of an unarmed black man, Botham Jean, at the hands of a Texas police officer.

“How can it be in this day and age—in this very year, in this community—that a young man, African American, in his own apartment, is shot and killed by a police officer?” O’Rourke asked. “And when we all want justice and the facts and the information to make an informed decision, what is released to the public? That he had a small amount of marijuana in his kitchen? How can that be just in this country?”

“How can we continue to lose the lives of unarmed black men in the United States of America at the hands of white police officers? That is not justice. That is not us. That can and must change. Are you with me on this?”

The audience responded with a resounding standing ovation.

See O’Rourke’s marijuana and criminal justice comments roughly 31 minutes into his Facebook video below:

O’Rourke spent several minutes outlining how the drug war disproportionately impacts communities of color despite the fact that white people use and sell drugs at roughly the same rate.

“It has kept people out of civic life in this country, it has kept them from their freedoms, it has kept them from democratic life in this country.”

Resolving racially discriminatory drug enforcement efforts starts with ending cannabis prohibition, O’Rourke said, noting that he co-sponsored congressional legislation that would do just that. But importantly, the second step is to expunge “the arrest records for anyone arrested for possession of marijuana so they can get on with their lives, live to their full potential, contribute to their maximum capacity.”

One of the congressman’s most salient points contrasted marijuana policies in Texas and fully legal states like California.

“Let me ask you this: in a country where the majority of the states in the union have already decided to make marijuana legal in one form or another—where people in California and Colorado and the Northwest are getting filthy rich legally selling marijuana today—who is going to be the last African American boy or man to rot behind bars in Texas for something that’s legal in almost every other single part of the country?”

“Let’s lead the way on reforming our drug laws,” O’Rourke said. “Let’s end that war on drugs right now because it’s a war on people.”

Cruz has attempted to frame his opponent’s drug reform stance as dangerous, promoting misleading statements attributed to O’Rourke in campaign ads and arguing that he’d exacerbate the opioid epidemic if elected in November.

Which message will ultimately more resonant with Texas voters is yet to be determined—but the race is looking close.

Marijuana In Texas: Where Ted Cruz And Beto O’Rourke Stand On Legalization

Photo courtesy of Facebook/Beto O’Rourke.

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