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Marijuana Opponent Kennedy Reconsiders State Legalization Protections

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A Democratic congressman who has acknowledged he is out of step with his party on marijuana policy now says that he doesn’t necessarily support federal crackdowns on states with legalization, even though he has repeatedly voted to allow such enforcement actions.

“The federal government policy on this is incoherent, and the federal government needs to get far more coherent on this,” Congressman Joe Kennedy III (D-MA) said in an interview this week. “For states that have put in place the proper safeguards and procedures, I’d be inclined to support those states.”

Legalization supporters were upset when Democrats tapped Kennedy last month to deliver the party’s response to President Trump’s State of the Union address.

As a member of Congress, Kennedy has not only opposed his state’s move to legalize marijuana, but has voted against amendments to shield state medical marijuana laws from federal interference, allow military veterans to access medical cannabis and protect children who use non-psychoactive cannabidiol extracts to treat severe seizure disorders.

One of only a handful of Democrats to oppose those proposals, Kennedy knows that his views on cannabis are out of step with the party.

“I come at it a little bit differently, obviously, than the vast majority of my colleagues,” he said in a separate interview this month. “I think the party is clearly moving in that legalization direction. It might already be there.”

But in the new interview this week, Kennedy made clear that he still has a lot of concerns about legalization, which he campaigned against in Massachusetts.

“There’s a pretty robust voice in the addiction community that points out some of the challenges and how it has had negative impacts on folks,” he said. “Those voices should be listened to as well.”

He also isn’t sold on medical cannabis, which voters legalized in his state in 2012.

“If we are going to treat something like a medicine, it needs to go through the proper medical trials,” he said. “We’re not going through that process.”

But although Kennedy has repeatedly voted in Congress to allow the Department of Justice to arrest and prosecute medical cannabis patients and providers, he says he doesn’t necessarily want the DEA to launch large-scale raids.

“Assuming there are communities that are doing this in a safe and effective way, I certainly could see myself allowing that go forward,” he said. “I don’t want to upend the access to care that these patients need.”

Although he’s “not proposing a crackdown on it,” Kennedy acknowledged that his overall skepticism about cannabis is “not necessarily reflective of the voters of Massachusetts.”

“I want to make sure that we go about this in the right way with the right safeguards in place to not end up in a circumstance where we can get ourselves in trouble,” he said.

Kennedy’s grandfather, former U.S. Attorney General Bobby Kennedy, criticized the hypocrisy underlying marijuana criminalization half a century ago.

Bobby Kennedy Questioned Marijuana Criminalization 50 Years Ago

Photo courtesy of Martin Grondin.

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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.

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