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Marijuana In The Governor’s Mansion: Record Number Of Candidates Say Legalize It

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As polls continue to show that a growing majority of voters support legalizing marijuana, more and more politicians are beginning to embrace the issue, and this year’s midterm elections provide the latest datapoint in the ongoing evolution of cannabis into a mainstream political issue.

At least 21 major party gubernatorial nominees on U.S. ballots this year support legalizing cannabis, a new Marijuana Moment analysis finds. That’s far more than have embraced marijuana law reform than in any previous election cycle.

Some of the candidates listed below support legalization more forcefully than others. While some have made cannabis reform a centerpiece of their campaigns, others seemed to embrace ending prohibition only reluctantly or when pressed on the issue.

Beyond those would-be governors who are calling for a complete end to marijuana prohibition, a large number of additional contenders support reforms like decriminalization or medical marijuana, and others say they are open to legalization at some point.

While the two sitting governors listed below who have actually signed marijuana legalization bills into law are Republicans, this review found that Democratic contenders are much more likely to support cannabis reform than are GOP candidates, perhaps a reflection of the fact that while a bare majority of Republican voters now support ending prohibition, registered Democrats have been more strongly in favor for a longer period of time, according to polls.

This analysis focuses on major party candidates who have made their positions on marijuana clear over the course of their primary and general election campaigns, and doesn’t include a comprehensive look at the records of every single contender in each of the 39 gubernatorial races in states and U.S. territories this year.

Gubernatorial Candidates Who Support Legalizing Marijuana

California – Gavin Newsom (D)

As the state’s lieutenant governor, Newsom became one of the first prominent mainstream Democrats to endorse legalization when he told the New York Times in 2012 that “these laws just don’t make sense anymore” and “it’s time for politicians to come out of the closet on this.”

He later empaneled a blue ribbon commission on cannabis whose report informed the drafting of the state’s successful 2016 legalization ballot measure, for which Newsom actively campaigned.

He has since taken a forceful stance in response to U.S. Attorney General Jeff Sessions’s rescission of Obama-era protections for state marijuana laws, signaling that he would vigorously fight any federal move to interfere with California’s legalization policies.


Colorado – Jared Polis (D)

As a congressman since 2009, Polis has consistently been one of the most active cannabis reform supporters on Capitol Hill, sponsoring or cosponsoring dozens of marijuana-related bills and amendments concerning issues like banking access, fair taxation, hemp and military veterans’ access to medical cannabis.

While he did not publicly campaign for the state’s marijuana legalization measure prior to its passage in 2012, he has since embraced it wholeheartedly.

During the course of his gubernatorial campaign, he has toured several marijuana and hemp businesses.


Commonwealth of the Northern Mariana Islands – Ralph Torres (R)

Torres, the incumbent governor, signed a marijuana legalization bill into law in September.

“Today, our people made history,” he said at the time. “We took a stand to legalize marijuana in the CNMI for recreational, medical, and commercial use.”


Connecticut – Ned Lamont (D)

A businessman and previous U.S. Senate candidate, Lamont says legalizing marijuana is “an idea whose time has come.”

He also said that cannabis is “not a gateway drug compared to opioids” and that he’d use tax revenue from legal sales to fund drug treatment programs.


Florida – Andrew Gillum (D)

The Tallahassee mayor said during his successful primary campaign that he was “proud to be the first candidate in this race to support legalizing marijuana.”

Gillum sent a blast to his email list proposing to fund teacher salary raises with legal marijuana tax revenue.

“We could raise anywhere from $900 million to $1 billion in new annual revenue — and that doesn’t include new economic activity from people no longer incarcerated for simple possession crimes, or low-level marijuana offenses,” he wrote in a separate blog post.

One of his campaign ads flashed the words “legalize marijuana” on screen along with other policy proposals.


Georgia – Stacey Abrams (D)

The former minority leader of the state House of Representatives confirmed in a Reddit “Ask Me Anything” session that she’s a “yes” on legalizing marijuana, adding that “this includes building a statewide network of mental health and substance abuse treatment centers.”

Abrams also backs decriminalizing marijuana possession.

And she wants to expand the state’s limited medical cannabis program.


Idaho – Paulette Jordan (D)

While Jordan, a former state legislator and tribal council member, has focused more on decriminalization and medical cannabis during her campaign, she does support full marijuana legalization.

During a Democratic primary debate, she said there’s “nothing wrong” with legalization

Addressing legalization in a Facebook Live interview with the Idaho Statesman (roughly 10 minutes into the video below), she said, “the numbers that have been very beneficial to other states when it comes down to resources for education.”


Illinois – J.B. Pritzker (D)

A billionaire venture capitalist, Pritzker made supporting marijuana legalization a centerpiece of his gubernatorial primary campaign and has since continued to focus on the issue amidst his general election battle with incumbent Gov. Bruce Rauner (R).

“We can begin by immediately removing one area of racial injustice in our criminal justice system,” he said during his primary night victory speech. “Let’s legalize, tax and regulate marijuana.”

Earlier this year he held a press conference outside of a medical cannabis dispensary to push back on anti-marijuana signals coming from the Trump administration.

“I also support legalizing and taxing recreational use of marijuana, which is estimated to generate as much as $700 million a year for the state,” he wrote in a candidate questionnaire. “No more studies are needed to show it’s time for Illinois to safely move forward and legalize marijuana. As governor, I will modernize drug laws and move Illinois towards a criminal justice system that gives all Illinoisans a chance to reach their full potential.”

Pritzker has also highlighted racial disparities in cannabis enforcement.

“Criminalizing marijuana hasn’t made our communities safer, but has disproportionately impacted black and brown communities,” he said. “The criminalization of cannabis never has been and never will be enforced fairly, and it’s time to bring that to an end. To right past wrongs, we also have to commute sentences of people in prison who are there for marijuana offenses.”


Maine – Janet Mills (D)

Currently the state attorney general, Mills said that “properly implemented, marijuana legalization has the potential to create thousands of jobs, grow the Maine economy, and end an outdated war on drugs.”

In light of the fact that Maine voters already approved legal cannabis in 2016, she has joined officials from other states in “calling on Congress to allow banks and credit unions to serve state-licensed marijuana businesses without penalty, ending the cash-based shadow economy that still haunts states who have legalized marijuana,” she said.


Maryland – Ben Jealous (D)

The former NAACP president and CEO says comedian Dave Chappelle, a childhood friend, first convinced him to support ending marijuana prohibition.

If elected, Jealous plans to use legal cannabis tax revenue to fund universal pre-kindergarten.

“It’s a great win-win,” he said in an interview with Marijuana Moment. “And it’s rare in politics, but it’s also urgently needed. We know that we have to end mass incarceration—and yet go further. We have to really get back to opening up the gates of opportunity for all of our children. And by legalizing cannabis, we get to make progress on both fronts.”


Massachusetts – Jay Gonzalez (D)

The former state secretary of administration and finance says that the “people have spoken and we have an obligation as a state to implement the [legal marijuana] law as passed by the voters,” adding that it should be done “quickly” but in a way that keeps “public safety at the forefront.”

Calling federal interference with state marijuana policies “a problem,” he said that “our governor should be standing up vociferously and advocating against” any intervention with the commonwealth’s cannabis laws.

He also supports requiring insurance programs to cover medical cannabis.


Michigan – Gretchen Whitmer (D)

The former state lawmaker says she will vote “yes” on the marijuana legalization measure on Michigan’s November ballot.

Whitmer says that she also supported the state’s medical cannabis ballot measure in 2008 and that it can be used an an “exit drug” away from opioids.


Minnesota – Tim Walz (D)

The sitting congressman wants to “replace the current failed policy with one that creates tax revenue, grows jobs, builds opportunities for Minnesotans, protects Minnesota kids, and trusts adults to make personal decisions based on their personal freedoms.”

He even tweeted his support for legalization on April 20, the unofficial cannabis holiday.

A Walz proposal to encourage the Department of Veterans Affairs to study the benefits of medical cannabis for  military veterans became the first-ever standalone marijuana bill to be approved by a congressional committee earlier this year.

He has also pushed back against potential federal intervention in state marijuana laws.


Nevada – Steve Sisolak (D)

The Clark County commissioner has pledged to continue implementing the state’s voter-approved legal marijuana law, with a special emphasis on steering tax revenues toward education.

“It’s done a lot for our economy, both in terms of jobs and in tax revenue,” he said in a podcast appearance.

“The reality is, this is the future,” he said in another interview. “Let’s not be ashamed of it.”

Sisolak has also spoken at a number of cannabis events and even appeared at the grand opening of a marijuana dispensary.


New Hampshire – Molly Kelly (D)

“It’s also time for New Hampshire to join other New England states in legalizing, regulating and generating revenue from marijuana,” the former state senator says on her campaign website.

During a debate with incumbent Gov. Chris Sununu (R), who signed marijuana decriminalization into law but opposes broader legalization, Kelly argued that cannabis is not a gateway drug.

“I do support legalizing, regulating and taxing marijuana,” she said. “It is not a gateway to other drugs. In fact, I believe that legalizing and regulating marijuana will bring it out of the dark and away from drug dealers.”


New Mexico – Michelle Lujan Grisham (D)

The current congresswoman has spoken in support of legalization during debates and elsewhere on the campaign trial, arguing that cannabis is “not a gateway drug.”

Arguing during one debate that legalization would bring “hundreds of millions of dollars to New Mexico’s economy,” Lujan Grisham said she would be “inclined to sign” a bill as long as it effectively regulates edibles, fosters workplace safety, limits underage consumption and protects the current medical cannabis program.

“The states that have gone to recreational marijuana have been very clear that it’s an economic boost for their states,” she said.

She has also focused on medical cannabis as an alternative to opioids.

In Congress, Lujan Grisham voted several times for amendments to shield state medical marijuana programs from federal interference, as well as a broader proposal to protect recreational laws.

And she proudly touted an endorsement from the pro-legalization Drug Policy Alliance.


New York – Andrew Cuomo (D)

The incumbent governor, who was calling marijuana a “gateway drug” as recently as last year, changed his mind about legalization in a big way over the course of 2018.

Facing a vigorous primary election challenge from the pro-legalization actor Cynthia Nixon, Cuomo revised his approach—whether as a result of political necessity or genuine personal evolution on the topic.

Early in the year, noting that neighboring states are moving to end prohibition, the governor directed the New York Health Department to undergo a study of legalization, the result of which was a report that concluded the “positive effects” of ending cannabis prohibition “outweigh the potential negative impacts.”

More recently, Cuomo’s administration held a series of listening sessions on marijuana throughout the state to receive feedback from the public. And more consequentially, the governor appointed a working group to draft cannabis legalization legislation for lawmakers to consider in 2019

It’s true that Cuomo hasn’t yet explicitly stated, “I support legalizing marijuana,” but his evolution on the issue is clear, and his moves as governor this year—in particular his directive for a panel to actually write a legalization bill to be voted in the next legislative session—have carved a path for the state to be among the next to end prohibition.


Ohio – Richard Cordray (D)

While the former state attorney general and head of the U.S. Consumer Financial Protection Bureau has been reluctant to embrace marijuana reform for most of the campaign, he did finally say he’d personally vote for a legalization measure when pressed during a debate.

“When it goes to the ballot, I will cast my vote yes to legalize it,” he said.

Cordray previously had spoken about improving implementation of the state’s medical cannabis law and said that he would implement the will of voters if they approved legalization on the ballot. But he also distanced himself from a failed 2015 measure that was opposed even by many legalization advocates who were concerned with its provisions granting control of cultivation to the same investors who paid to put it on the ballot.

“As Governor, Rich Cordray will fix the botched implementation of Ohio’s medical marijuana program to ensure that patients have access to the medicine they need in a safe and affordable manner,” a campaign spokesperson told Marijuana Moment in an interview earlier this year. “He also thinks that the last marijuana ballot referendum failed partly because it was a flawed proposal. He supports voters’ right to propose a new referendum and will follow the will of the voters if it comes to a vote.”

Cordray has also talked about medical cannabis as an alternative to opioids.


Oregon – Kate Brown (D)

The incumbent governor has pushed back against federal threats to interfere with the legalization law that her state’s voters approved in 2014, saying that it has created a “thriving economy.”

“We are implementing the will of the voters here in a way that is successful for the economy,” she said in a press conference earlier this year. “The priority of the policy is to keep our children safe and to make sure that we keep marijuana off the black markets. It’s been successful here. We want to continue that path.”

“This is a job creator for Oregon,” she added.


Vermont – Christine Hallquist (D)

The former CEO of the Vermont Electric Cooperative wants to expand the state’s existing noncommercial legalization of marijuana to allow for regulated and taxed sales.

“We don’t know where our marijuana is coming from, what it’s been grown with, or what it’s been sprayed with,” she said during a debate with incumbent Gov. Phil Scott (R), who signed the limited legalization bill into law but is wary of adding commercial cannabis sales. “Worse yet, you could see situations like New York, where it’s cut with other things of addictive and dangerous properties.”

In an interview with Heady Vermont, Hallquist pledged to “work with the legislature to ensure that a tax and regulate system was passed into law in my first term.”

Hallquist said she wants to use legal cannabis tax revenue to pay for water quality programs.


Vermont – Phil Scott (R)

The incumbent governor isn’t exactly a marijuana policy reform enthusiast, but he did sign a bill into law earlier this year that allows Vermonters to legally grow, possess and use small amounts of cannabis.

For now, Scott opposes going further by adding legal sales, and seemed to only reluctantly sign the noncommercial legalization bill after previously vetoing an earlier version.

Still, he gets pro-legalization credit for being the first governor in the nation’s history to put his name on a bill to end cannabis prohibition; all other states that have legalized so far have done so via ballot measures that didn’t require gubernatorial action.


Other Candidates Who Don’t Support Full Legalization Still Back Some Cannabis Reforms

A number of other major-party nominees who aren’t ready to endorse legalization have said that they have an open mind on the issue or are already in support of simple marijuana decriminalization or allowing medical cannabis.

In Alabama, Democrat Walt Maddox is in favor of medical cannabis and wants to study the effects of marijuana legalization in other states. “There’s going to be a lot of data over the next years that’s going to be collected so that if and we can potentially move forward with this, we do so in a thoughtful, strategic way,” he said.

Maddox also backs decriminalizing marijuana.

Georgia Republican candidate Brian Kemp opposes legalization but is “open and supportive” of expanding the state’s limited medical cannabis program.

In Kansas, Democrat Laura Kelly supports medical cannabis.

Nebraska Democratic candidate Bob Krist said that legalizing medical cannabis is “is right on top of my list.”

Drew Edmondson, the Democratic candidate in Oklahoma, says he voted for the state’s successful medical cannabis ballot measure but that he doesn’t believe the state is ready for full legalization.

In Pennsylvania, incumbent Gov. Tom Wolf (D) says the state isn’t quite ready to legalize, but he signed medical cannabis into law and supports decriminalizing marijuana possession.

In Rhode Island, incumbent Gov. Gina Raimondo (D) and Republican challenger Allan Fung say they are both open to legalization, even if they don’t currently endorse it. Fung said he would put the question on the ballot for voters to decide.

South Carolina Democratic contender James Smith supports legalizing medical cannabis and has sponsored legislation to do so as a state representative.

Karl Dean, the Democratic candidate in Tennessee, said he would sign medical marijuana into law.

In Texas, incumbent Gov. Greg Abbott (R) expressed support for some form of marijuana decriminalization during a recent debate with Democratic challenger Lupe Valdez, who backs medical cannabis expansion as well as putting a referendum on full marijuana legalization before voters.

Wisconsin Democratic nominee Tony Evers says he’s “not opposed to” legalization. “I’d support it,” he said, “but I do believe there has to be a more thoughtful, rigorous conversation around it as a state. So I would love to have a statewide referendum on this.”

During a debate with incumbent Gov. Scott Walker (R), who opposes cannabis reform, Evers noted the fact that nearly half the state’s residents will vote on nonbinding marijuana advisory questions this year and said he is “willing to take a look at that, the results of those referenda and possibly support legalization.” In the meantime, he supports decriminalization and his website says he “would support and sign medical marijuana legalization legislation.”

Wyoming Democratic candidate Mary Throne voted for marijuana decriminalization as a state lawmaker and also supports medical cannabis.


What Does It Mean? Marijuana Is Mainstream

It is a near certainty that America will have more pro-legalization governors when new state legislative sessions convene next year. That means that legislators will be more likely to invest time into drafting, hearing and voting on marijuana bills to send to governors’ desks.

While a growing number of Republican voters—and as a consequence, GOP politicians—are beginning to embrace cannabis reform, it is now clear that supporting full marijuana legalization is a mainstream consensus position in the Democratic Party. And that will have implications as the 2020 presidential race heats up in earnest immediately following the midterms.

In the meantime, several states will consider far-reaching cannabis ballot measures on Election Day, the political effects of which are likely to spill over into neighboring states and embolden once-skittish lawmakers to tackle marijuana legislation.

This piece was first published by Forbes.

Photo courtesy of Nicholas C. Morton.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded 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.)

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Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans

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Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).

During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.

“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”

“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”

Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.

He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.

That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.

At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”

“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.

Tom Steyer Calls For Marijuana Legalization And Opioid Decriminalization

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Tom Steyer Calls For Marijuana Legalization And Opioid Decriminalization

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Billionaire philanthropist Tom Steyer is calling for the legalization of marijuana and decriminalization of opioid possession.

In a criminal justice reform plan released on Thursday, the 2020 Democratic presidential candidate laid out a vision for ending the drug war, which he said has contributed to mass incarceration and is enforced in a racially disproportionate manner.

“Tom believes we must end the failed War on Drugs. Based on the flawed idea that incarceration is the answer to addiction, federal and state elected officials passed severe sentencing laws that encouraged incarceration for low-level drug offenses,” the plan states. “Unfortunately, communities of color were and continue to be disproportionately affected and targeted by these laws, even when other ethnicities were committing the same drug crimes at the same rates.”

There are six proposals in the drug war section, including legalizing cannabis and expunging prior marijuana convictions, ending mandatory minimum sentences and empowering judges to use more discretion in non-violent drug cases, diverting people convicted of drug offenses to treatment or drug court, ending the sentencing disparity between crack and powder cocaine, sealing the records of certain drug convictions and decriminalizing opioids while investing $75 billion in treatment programs and holding pharmaceutical companies accountable.

Steyer specifically endorsed House Judiciary Committee Chairman Jerrold Nadler’s (D-NY) Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would deschedule cannabis, expunge prior convictions and set aside tax revenue to support communities most impacted by the drug war.

“Policing marijuana use has led to too many unfair incarcerations and predominantly impacted communities of color,” the plan says. It also criticizes then-Attorney General Jeff Sessions’s 2018 move on “repealing leniency given to states for marijuana laws.”

“A Steyer Administration will also open equitable pathways to banking for marijuana businesses,” it continues. “The federal government—including the Federal Deposit Insurance Corporation—should not be a barrier to marijuana businesses receiving support from their local banks.”

“Incarceration is not the answer to addiction, and low-level drug offenses should not carry a severe sentence. Tom will legalize marijuana, let states pass their own policies, expunge past records, and direct the federal government to open banking services to the marijuana industry. Tom’s administration will end the disparity between crack and cocaine sentences, decriminalize opioid possession, and invest $75 billion to address the opioid crisis.”

The opioid decriminalization proposal is similar to that of entrepreneur Andrew Yang, another 2020 candidate who said removing criminal penalties for possessing the substance is necessary in order to help get people into treatment and curb the opioid crisis. Former South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI) have gone further, calling for the decriminalization of all drug possession and, in Gabbard’s case, also the legalization and regulation of illicit drugs.

“Tom supports decriminalizing small amounts of opioid possession for personal use at the federal level,” the plan states. “He will address the opioid crisis through $75 billion in new funding over ten years to resource state and local treatment programs, hold big pharmaceutical corporations and their executives accountable, and strongly enforce laws that end the illicit distribution and sale of opioids.”

This is a notable development for Steyer, who hasn’t discussed drug policy reform as much as many other candidates in the race and whose views on decriminalization of substances beyond marijuana were previously unknown.

Last year, Steyer said he supported creating a national referendum process so that Americans can made decisions about a wide range of policy issues, including cannabis legalization.

He also previously discussed his support for ending marijuana prohibition and providing the industry with access to banking, saying that he and his wife wanted to provide financial services to minority- and women-owned cannabis firms through their community bank, but federal prohibition means the business would be put at risk if they did that.

Steyer’s new plan also calls for juvenile justice reform, ending cash bail, banning facial recognition technology in policing, demilitarizing law enforcement, improving prison conditions and eliminating the death penalty, among other reforms.

Wisconsin Governor Blasts Lawmakers For Not Legalizing Medical Marijuana Despite Public Support

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Austin City Council Approves Measure To End Most Marijuana Arrests

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The decision to back away from pursuing criminal charges against people with small amounts of pot comes after state lawmakers last year legalized hemp in a way that threw marijuana prosecution into chaos.

By , The Texas Tribune

The Austin City Council approved a resolution Thursday that will largely end arrests and fines for low-level marijuana possession. This comes after Texas’ legalization of hemp last June threw marijuana prosecution into chaos since the plants look and smell identical.

The resolution directing Austin police not to spend city resources on newly necessary lab tests to distinguish marijuana from now-legal hemp passed unanimously with nine votes. Council member Jimmy Flannigan and Mayor Steve Adler were absent. Debate on the measure lasted just under an hour and a half. Of about 20 people who spoke on the resolution, only Austin Police Association President Ken Casaday was against it.

The council’s resolution states that it stems directly from Texas’ new law legalizing hemp. Last summer, following a federal hemp bill, state lawmakers approved a measure to create an agricultural industry for the crop in Texas. But the law also complicated marijuana prosecutions by narrowing the legal definition of the drug from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.

All of a sudden, some district attorneys were dropping hundreds of low-level pot possession cases and not accepting new ones, arguing they couldn’t tell without lab testing if something was marijuana anymore. New misdemeanor marijuana cases filed by Texas prosecutors have dropped by more than half. And numerous Texas prosecutors, including those in Austin’s Travis County, require police to submit lab reports on a substance’s THC concentration before they will pursue misdemeanor marijuana charges. They argue circumstantial evidence like smell can no longer be used to authoritatively say something is marijuana.

Part of what prompted the Austin resolution — which prohibits spending city funds on such testing except in felony cases — is that public state labs are still working on establishing a way to test for that THC concentration. Right now they can only tell if something is cannabis. For some counties and cities, that has meant putting more money into shipping seized cannabis to private labs that can tell if it’s hemp or marijuana.

Even in places where police don’t have or aren’t spending funds on such testing and new cases aren’t being accepted by prosecutors, people are still being cited or arrested. They are sometimes taken to jail but then released with no charges being pursued. Austin police said this month that they still arrest or cite people who are suspected of possessing marijuana.

This resolution changes that, directing the city to get as close as possible to eliminating enforcement action for low-level cannabis possession.

The measure prohibits spending city funds on testing in low-level possession cases, and it directs police not to arrest or cite people in such cases — unless there is a safety concern — if they know the district attorney will automatically reject the charges or testing won’t be approved. It clarifies that lab testing can be used for suspected felonies or when the cannabis is not for personal use, like trafficking cases. A revised version also specifies that the measure will not affect toxicology testing.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Texas Marijuana Prosecutions Have Dropped By More Than Half Following Hemp’s Legalization

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