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.”
On November 8, you have the opportunity to vote for the Adult Use of Marijuana Act in CA (regulate and tax marijuana) – Vote YES on Prop 64
— Gavin Newsom (@GavinNewsom) July 6, 2016
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.
"States rights" is nothing more than a catch phrase to Jeff Sessions. CA overwhelmingly voted to legalize marijuana. Sick and tired of elected officials who lack the courage to stand up for those that are unjustly targeted by the failed war on drugs. The time to speak out is now. pic.twitter.com/Pnj4rsKYF9
— Gavin Newsom (@GavinNewsom) January 7, 2018
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.
Excited about strong statement from CO and WA voters that the drug war has failed & it's time to b reasonable & regulate marijuana
— Jared Polis (@jaredpolis) November 7, 2012
During the course of his gubernatorial campaign, he has toured several marijuana and hemp businesses.
Thank you Craft Concentrates for the tour of your facility! Colorado has proven that allowing responsible adults to legally purchase #cannabis gives money to classrooms, not cartels; creates jobs, not addicts; and boosts our economy, not our prison population. pic.twitter.com/k626qciaFS
— Jared Polis (@PolisForCO) October 12, 2018
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.”
The time has come for Connecticut to responsibly legalize marijuana. pic.twitter.com/lE50Xb8yAl
— Ned Lamont (@NedLamont) August 28, 2018
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.”
I’m proud to be the first candidate in this race to support legalizing marijuana. I did so because it is the right thing to do – I didn’t need a poll to tell me how to lead on such an important criminal justice issue. pic.twitter.com/3MdLBNlTfB
— Andrew Gillum (@AndrewGillum) June 8, 2018
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.
— Andrew Gillum (@AndrewGillum) January 24, 2018
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.
I support decriminalization of marijuana, legalization of medical marijuana and local cultivation of medical marijuana. Once we have established a strong substance abuse network, I am open to legalization for recreational use.
— Stacey Abrams (@staceyabrams) February 21, 2018
And she wants to expand the state’s limited medical cannabis program.
Legalizing medical cannabis will help combat prescription drug abuse, and give Georgians suffering from many conditions access to the prescribed treatment they need.
— Stacey Abrams (@staceyabrams) August 15, 2018
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.
I believe that we need to move toward full legalization in Idaho as well. It will generate much-needed revenue for our state and it will make our criminal justice system more ethical. (3/4)
— Paulette Jordan (@PauletteEJordan) April 19, 2018
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.
In the name of criminal justice reform, consumer safety, and increased state revenue, Illinois needs a governor who is ready to legalize marijuana in our state.
— JB Pritzker (@JBPritzker) January 12, 2018
“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.”
As governor, I will stand up to Donald Trump’s attacks on Illinois communities, legalize marijuana, and modernize sentencing guidelines to create a criminal justice system that gives all Illinoisans a chance to reach their full potential.
— JB Pritzker (@JBPritzker) January 4, 2018
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.
(5/8) I agree with Diane Russell that Augusta needs to respect the will of the voters, from Ranked Choice Voting to legalizing marijuana.#mepolitics
— Janet Mills (@JanetMillsforME) June 11, 2018
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 time we ensured all of our kids get the education they deserve.
It's time we provide universal pre-k and pay for it by legalizing marijuana for adult use. https://t.co/SenGvYWiuU
— Ben Jealous (@BenJealous) August 21, 2018
“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.
More people died from overdoses in the 1st half of 2018 than in the 1st half of 2017. Let that sink in. We've got to do more to tackle this crisis. I will. I'll invest in more treatment, support SIFs & require coverage for medical marijuana to treat pain. https://t.co/W7j0NUGhvj
— Jay Gonzalez (@jay4ma) August 25, 2018
Michigan – Gretchen Whitmer (D)
The former state lawmaker says she will vote “yes” on the marijuana legalization measure on Michigan’s November ballot.
I will be a 'Yes' vote on legalizing recreational marijuana. We have an opportunity to do this right. When we legalize marijuana, we need a governor who will tax it and regulate it so that we can #fixthedamnroads #midemdebate
— Gretchen Whitmer (@gretchenwhitmer) July 20, 2018
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.
Today seems to be a good time to reinforce that I support creating a tax-and-regulate system for adult use marijuana in Minnesota.
— Tim Walz (@Tim_Walz) April 20, 2018
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.
Our vets deserve access to every form of safe, effective relief there is — and I hear from vets more and more every day that they find relief in #cannabis.
— Rep. Tim Walz (@RepTimWalz) April 20, 2018
He has also pushed back against potential federal intervention in state marijuana laws.
While the VA moves (slowly) in the right direction, AG Jeff Sessions is dead set on overruling states that have legalized recreational or medical cannabis, including MN. I'll keep fighting alongside the 83% of vets & caregivers who support legalizing medical cannabis nationally. https://t.co/b6LkoPvxYP
— Rep. Tim Walz (@RepTimWalz) January 4, 2018
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.”
Fantastic discussion here at our Cannabis Town Hall. We need to reward ingenuity and tell the story of medical marijuana — it's changing our economy, our health care system, & our state for the better. #NVGov pic.twitter.com/unHKcLm1BZ
— Steve Sisolak (@SteveSisolak) October 23, 2018
Sisolak has also spoken at a number of cannabis events and even appeared at the grand opening of a marijuana dispensary.
If you can dream it, they can build it in Vegas! So great to speak to this incredible crowd gathered here for the grand opening of @Planet13. What a great example of what our cannabis industry can bring to this state! pic.twitter.com/MBByGMCEoT
— Steve Sisolak (@SteveSisolak) October 31, 2018
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.
As governor, I will work to legalize recreational cannabis in a way that protects medical cannabis patients’ access, prioritizes public safety, and generates state revenues. https://t.co/OFDTxs3y1w #nmpol #NMGovDebate pic.twitter.com/eVL2Sa3zFH
— MichelleLujanGrisham (@Michelle4NM) September 20, 2018
She has also focused on medical cannabis as an alternative to opioids.
Opioid addiction is an epidemic that is tearing New Mexico families apart. As my third Leadership in Action Initiative, I will immediately direct the Department of Health to add opioid addiction as a condition to qualify for medical cannabis treatment. #nmpol pic.twitter.com/v4fTSO5Bp5
— MichelleLujanGrisham (@Michelle4NM) October 9, 2018
And she proudly touted an endorsement from the pro-legalization Drug Policy Alliance.
Thank you, @DrugPolicyAct, for your endorsement! When it comes to drug policy, we must take a holistic approach. As Sec of Health, I worked to make medical cannabis legal & accessible in NM & as gov, I have a plan to fight the opioids. My plan here: https://t.co/rsB4ZuX4mv #nmpol pic.twitter.com/SHcw8RAmcn
— MichelleLujanGrisham (@Michelle4NM) August 6, 2018
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.
Reports that Attorney General Jeff Sessions will roll back federal marijuana policy are deeply concerning & disruptive to Oregon's economy. Oregon voters were clear when they chose to legalize the sale of marijuana & the fed govt shouldn't stand in the way https://t.co/3ax9EvdGGE
— Governor Kate Brown (@OregonGovBrown) January 4, 2018
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.”
— Vermont Democrats (@VTdems) August 2, 2018
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.
Tuscaloosa seeks citation, not jail, for minor marijuana offenders https://t.co/07qm60SQNZ
— Walt Maddox (@WaltMaddox) December 16, 2017
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.
I do support the legalization of medical marijuana – I know from my work in the legislature what it can do for children with epilepsy. What we do need to do is address our sentencing guidelines #ksleg #ksgov
— Laura Kelly (@SenatorKelly) September 8, 2018
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.
Let me be clear: I voted yes on 788 because the science is in and I believe it can help cancer patients, veterans and chronic pain sufferers. I don't believe we're ready for full legalization, but I will always respect the will of the voters.
— Drew Edmondson (@DrewForOklahoma) August 27, 2018
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.
.@freedomisgreen I do support decriminalizing possession of small quantities of marijuana in PA. We will continue to study states like CO.
— Governor Tom Wolf (@GovernorTomWolf) February 10, 2017
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.
— James Smith for Governor (@JamesSmithforSC) October 25, 2018
Karl Dean, the Democratic candidate in Tennessee, said he would sign medical marijuana into law.
Karl knows we need to listen to the medical profession when it comes to medical marijuana. If they're saying it will alleviate pain and suffering for certain patients, then the government shouldn't stand in the way of that. -Team Dean pic.twitter.com/4aGnnvs0pQ
— Karl Dean (@KarlFDean) October 28, 2018
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.
Photo courtesy of Nicholas C. Morton.
Pennsylvania Senators Will Consider DUI Protections For Medical Marijuana Patients At Hearing
A Pennsylvania Senate committee is set to take up a bill next week that would protect medical marijuana patients from being prosecuted under the state’s “zero tolerance” DUI laws.
The legislation, sponsored by Sen. Camera Bartolotta (R), would amend state statute to require proof of active impairment before a registered patient can be prosecuted for driving under the influence. The current lack of specific protections for the state’s roughly 368,000 patients puts them in legal jeopardy when on the road, supporters say.
The #PASenate Transportation Committee will hold a hearing on 9/21 with a focus on my #SB167, which would remove DUI penalties for legal medicinal cannabis use. @SenLangerholc @PASenateGOP Details ⤵️https://t.co/cSd2Cpdky9 pic.twitter.com/av3mxvAuCk
— Senator Bartolotta (@senbartolotta) September 16, 2021
Bartolotta first introduced an earlier version of the bill in June 2020. She said at the time that the state needs to “ensure that the legal use of this medicine does not give rise to a criminal conviction.”
Months after the standalone reform legislation was introduced, the Pennsylvania House approved a separate amendment that would enact the policy change.
Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver’s blood—which can be detected for weeks after a person’s last use—the law puts virtually all medical marijuana patients at risk, even if it’s been days since their last use and they show no signs of impairment.
Bartolotta’s bill would require officers to prove a registered patient was actually impaired on the road.
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
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“Unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle,” the senator wrote in a cosponsorship memo late last year. “Given the very serious consequences of a DUI conviction, my legislation will provide critical protections for medicinal cannabis patients by ensuring responsible use of their legal medicine does not give rise to a criminal conviction.”
Several legal cannabis states have enacted per se THC limits in blood, similar to blood alcohol requirements. However, evidence isn’t clear on the relationship between THC concentrations in blood and impairment.
A study published in 2019, for example, concluded that those who drive at the legal THC limit—which is typically between two to five nanograms of THC per milliliter of blood—were not statistically more likely to be involved in an accident compared to people who haven’t used marijuana.
Separately, the Congressional Research Service in 2019 determined that while “marijuana consumption can affect a person’s response times and motor performance… studies of the impact of marijuana consumption on a driver’s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.”
Outside of this bill, Pennsylvania lawmakers have continued to pursue adult-use legalization in the state. Earlier this year, two legislators circulated a memo to build support for a comprehensive reform bill they plan to introduce, for example.
A bipartisan Senate duo is also in the process of crafting legislation to legalize cannabis across the commonwealth. They announced some details of the proposal earlier this year, but the bill has yet to be formally introduced.
Outside the legislature, Gov. Tom Wolf (D) said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.
Wolf, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.
Lt. Gov. John Fetterman (D), who is running for U.S. Senate, previously led a listening tour across the state to solicit public input on legalization. He’s credited that effort with helping to move the governor toward embracing comprehensive reform. The lieutenant governor even festooned his Capitol office with marijuana-themed decor in contravention of a state law passed by the GOP-led legislature.
Fetterman has also been actively involved in encouraging the governor to exercise his clemency power for cannabis cases while the legislature moves to advance reform.
In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marks his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses that’s being run by the Board of Pardons.
Overall, legalization is popular among Pennsylvania voters, with 58 percent of residents saying they favor ending cannabis prohibition in a survey released in April.
Another poll released in May found that a majority of voters in the state also support decriminalizing all currently illicit drugs.
Photo courtesy of Mike Latimer.
80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—have filed a brief urging the Supreme Court to take up a case on the legality of establishing a safe injection facility where people can use illicit drugs in a medically supervised environment.
The nonprofit organization Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration, and it filed a petition with the nation’s highest court last month to hear the case. Now the group of law enforcement officials associated with Fair and Just Prosecution are calling on the Supreme Court to act in an amicus brief.
“Amici have an interest in this litigation because overdose prevention sites (OPSs) are among the harm reduction and public health interventions that have proven effective in preventing fatal overdoses and diverting people from unnecessary and counterproductive interactions with the justice system,” they wrote. “Amici, many of whom are currently or were previously responsible for enforcing the nation’s drug laws, also believe that the Controlled Substances Act cannot be construed to prohibit operation of a facility designed to address the most acute aspects of this public health emergency.”
“As law enforcement and criminal justice leaders, amici’s objective is to maintain public safety; saving lives and promoting health is as central to that mission as preventing and prosecuting crime.”
Read the full brief: https://t.co/e4Sv6oba4b
— Fair and Just Prosecution (@fjp_org) September 17, 2021
If the court agrees to hear the dispute, advocates will be looking toward the Biden Justice Department and whether it will continue the federal government’s opposition to allowing supervised injection facilities. It would be a precedent-setting case that could steer policy for years to come, meaning Safehouse is taking a significant risk by pursuing the appeal of its loss in a lower court before the majority of conservative justices.
“Failing to address the loss of life resulting from drug overdoses—and criminalizing a community-based public health organization working to save lives—will further erode trust in the justice system,” the new brief states. “If there were ever a time to demonstrate that our government values the dignity of human life, that time is now.”
While President Joe Biden hasn’t weighed in directly on safe consumption sites, there’s been a theme within his administration of embracing the general concept of harm reduction for drugs. The White House Office of National Drug Control Policy (ONDCP), for example, said that “promoting harm-reduction efforts” is a first-year priority. In an overview of its objectives, the office said it intends to expand “access to evidence-based treatment,” enhance “evidence-based harm reduction efforts” and promote “access to recovery support services.”
These goals theoretically align with those of Safehouse, which wants to give people with substance use disorders a facility where medical professionals can intervene in the event of an overdose and provide people with the resources to seek recovery.
Among the signatories on the amicus brief are a former deputy assistant attorney general under Obama, district attorneys of Baltimore, Cook County, Dallas County, Los Angeles County, Manhattan, Philadelphia, San Francisco County and Seattle and the former attorneys general of Ohio, Vermont and Virginia.
But one signatory who especially stands out is Rachael Rollins, the district attorney of Suffolk County, Massachusetts who is Biden’s nominee for U.S. attorney of Massachusetts.
“As an elected prosecutor, I have a responsibility to protect every member of my community, which requires moving away from criminal justice responses to substance use disorder,” Rollins said in a press release. “Instead, we must embrace proven public health strategies as potential solutions. Lives depend on it.”
Philadelphia District Attorney Larry Krasner said the drug war “has taken too many lives already, and criminalization has only exacerbated this devastating toll.” He added: “We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives and improve community safety.”
“Our nation’s failed war on drugs has taken too many lives…and criminalization has only exacerbated this devastating toll. We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives." –@DA_LarryKrasner
— Fair and Just Prosecution (@fjp_org) September 17, 2021
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
Safehouse won a battle in a federal district court in 2019 to proceed with the facilities. But in January, the U.S. Court of Appeals for the Third Circuit overturned the decision, ruling that permitting such facilities would violate a 1980s-era federal statute that bars organizations from running operations “for the purpose of unlawfully… using controlled substances.” That law was passed while Biden served in the Senate and helped push punitive drug policies that have had lasting consequences.
“As current and former criminal justice leaders, amici have seen first-hand how the classic ‘war on drugs’ approach to drug control—with its almost exclusive focus on aggressive criminal law enforcement—has exacerbated the overdose epidemic,” the pro-reform prosecutors and cops wrote in the new brief. “This experience confirms that no jurisdiction can arrest its way out of this public health problem. Fatal overdoses are a symptom of substance use disorder, a medical condition requiring a medical response.”
“Distorting federal drug laws to prohibit an [overdose prevention site] or to prosecute its sponsors would further undermine trust in the justice system and faith in the fair and sensible application of our drug laws. Interpreting federal criminal law to bar empirically validated harm reduction measures would make no one safer; it would only impede cooperation between law enforcement and the communities they serve.”
In its original petition to the Supreme Court in the current safe injection site case, Safehouse argued that the justices should “grant review to determine whether” federal statute really does prohibit “non-commercial, non-profit social service agencies…from establishing an overdose-prevention site that includes medically supervised consumption.”
“This question is a matter of life or death for thousands of Philadelphians and many thousands more throughout the country,” it said. “Tragically, while respondents have been pursuing this declaratory judgment against Safehouse, more than 3,200 people died in Philadelphia of drug overdoses—many of which could have been prevented if medical care had been immediately available through supervised consumption services.”
Safehouse also pointed out that Xavier Bacerra, the Biden administration’s secretary of health and human services, was among eight top state law enforcement officials who filed an earlier amicus brief in support of the organization’s safe injection site plan when he served as California’s attorney general.
The organization put the gravity of the case in no uncertain terms, painting a picture of how its proposed facility can save lives.
“When breathing stops, even a brief delay while waiting for medical help to arrive may result in an otherwise preventable overdose death or irreversible injury,” the petition says. “As a result, every second counts when responding to an opioid overdose; as more time elapses, the greater the risk of serious injury and death. Ensuring proximity to medical care and opioid reversal agents like the drug Naloxone at the time of consumption is therefore a critical component of efforts to prevent fatal opioid overdose.”
“Intervention by this Court is warranted to make clear that the federal law does not criminalize this essential public health and medical intervention designed to save lives from preventable overdose death,” it continues.
Safehouse argued that the appeals court’s interpretation of the law “eviscerates the intended boundaries of the statute and would criminalize the operation of legitimate businesses, charities, families, and good Samaritans that serve and reside with those suffering from addiction.”
If the Supreme Court were to take up the case and rule in favor of Safehouse, it could embolden advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.
At the same time that Safehouse is turning to the Supreme Court, it also announced recently that it will be returning the the federal district court that gave it an initial 2019 victory in support of establishing a safe injection facility before it was overturned in the appeals court.
The organization is making the unique argument that the federal government’s decision to block it from providing the service violates religious freedom by subjecting participants “to criminal penalties for exercising their sincerely held religious beliefs that they have an obligation to do everything possible to preserve life and to provide shelter and care to the vulnerable, including those suffering from addiction.”
In 2018, a congressional subcommittee approved legislation to specifically prohibit Washington D.C. from using local tax dollars to help open safe consumption facilities. But that provision was not enacted and has not been reintroduced since.
A 2020 study found that people “who reported using supervised injection facilities on an at least weekly basis had a reduced risk of dying compared to those who reported less than weekly or no use of this health service.”
Read the amicus brief from the prosecutors on the Safehouse safe injection site case below:
Photo courtesy of Jernej Furman.
Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry
Lately it’s come to seem as if most of the former politicians who’ve entered the marijuana industry were unhelpful or downright hostile to legalization when they were in office. But on Friday, a cannabis company announced an addition to its board who disrupts that narrative: a former Republican congressman who has a consistent legislative record of cosponsoring and voting for marijuana reform measures.
The multi-state cannabis businesses Red White & Bloom Brands Inc. (RWB) is bringing on former Rep. Ryan Costello (R-PA) to help it navigate the complicated regulatory space, drawing on his experience in Congress as the company works to expand.
Costello certainly isn’t the only Republican lawmaker who’s made the transition from Capitol Hill to the cannabis market. But he is a rare example of a politician who actually embraced enacting marijuana policy changes while he was in power before standing to profit from the industry. The congressman cosponsored a variety of bills—including ones to shield states that legalize cannabis from federal interference—and supported several reform amendments.
“I’m looking forward to utilizing my 15+ years of service in government, the legal profession, and my familiarity with cannabis policy to be a strategic resource for RWB as it positions itself as a true market leading house of brands in the permitted U.S. marketplace,” Costello said in a press release.
This breaks with a trend that has increasingly frustrated advocates, where it seems the people most inclined to benefit from legalization are those who stood in the way in Congress. The best-known example of that is former GOP House Speaker John Boehner (R-OH), who’s faced criticism from activists over his anti-legalization record while in office before joining the board of marijuana company Acreage Holdings.
While Costello left Congress in 2019 prior to the historic House vote on a standalone bill to federally deschedule cannabis, there are plenty of examples of him supporting more modest reform proposals during his congressional tenure.
He was a cosponsor of legislation to protect state marijuana markets from federal intervention, promote cannabis research, support military veterans’ access to medical marijuana, protect banks that service state-legal cannabis businesses and legalize industrial hemp.
The congressman also voted in favor of floor amendments to shield all state marijuana programs from Justice Department intervention, allow Department of Veterans Affairs doctors to recommend medical cannabis and end hemp prohibition.
In that respect, he was a rare GOP lawmaker. While the issue is increasingly bipartisan among the public, that hasn’t been reflected in Congress. And now Costello is in a position to leverage his legislative experience to advance a marijuana business’s interests.
It’s an exception to the trend.
For example, Tom Price, the former U.S. Department of Health and Human Services (HHS) head under President Donald Trump, is serving as a member of the board of directors for a medical marijuana business in Georgia after he refused to take action to reclassify cannabis under federal law when he had the power to do so. Price consistently voted against marijuana reform measures while serving in Congress.
Former Rep. Steve Buyer (R-IN), who also has a long track record of opposing marijuana legalization efforts, joined a Canadian cannabis company’s board in 2019.
Earlier this month, a New York-based lobbying firm that’s headed by a former Republican U.S. senator announced that it is launching a practice focused on serving cannabis businesses. That former senator, Alfonse D’Amato, racked up a record of supporting the war on drugs while in office.
There is at least one other former GOP congressman who entered the cannabis space with a legislative record supporting marijuana reform. Former Rep. Dana Rohrabacher (R-CA), who championed cannabis reform while in Congress, became an advisory board member for a marijuana company after being voted out of office in 2018.
Separately, President Joe Biden’s pick to head up federal drug policy worked for a major marijuana business last year, according to his financial disclosure reports.
Photo courtesy of WeedPornDaily.