Virginia voters gave Lieutenant Governor Ralph Northam a promotion on Tuesday, electing him to serve as the state’s next governor.
Northam, a Democrat, made marijuana decriminalization a centerpiece of his gubernatorial campaign, often describing the issue in racial justice terms. He also spoke about the medical benefits of cannabis.
Here’s a look at his statements and pledges on marijuana:
“We need to change sentencing laws that disproportionately hurt people of color. One of the best ways to do this is to decriminalize marijuana,” he wrote in a blog post early this year. “African Americans are 2.8 times more likely to be arrested for marijuana possession in Virginia. The Commonwealth spends more than $67 million on marijuana enforcement — money that could be better spent on rehabilitation.”
As a physician, Northam is “increasingly convinced by the data showing potential health benefits of marijuana, such as pain relief, drug-resistant epilepsy, and treatment for PTSD,” his campaign website says. “By decriminalizing it, our researchers can better study the plant so doctors can more effectively prescribe drugs made from it.”
The lieutenant governor also sent a letter to the Virginia State Crime Commission, which is conducting a review of the effects of potential marijuana decriminalization. “Virginia spends $67 million on marijuana enforcement – enough to open up another 13,000 pre-K spots for children,” Northam wrote. “African Americans are nearly 3 times as likely to get arrested for simple possession of marijuana and sentencing guidelines that include jail time can all too often begin a dangerous cycle of recidivism.”
During a debate, Notham mentioned that his father is a judge while making a point about the cost of enforcing marijuana laws.
Northam has tweeted about cannabis reform a number of times.
Decriminalizing marijuana would be a good step toward helping to correct systematic racism in our justice system. https://t.co/5R7YxBJi10
— Ralph Northam (@RalphNortham) July 27, 2017
African Americans are 2.8x more likely to be arrested for marijuana than white people. Marijuana decriminalization is a racial justice issue pic.twitter.com/kmKiWul1pE
— Ralph Northam (@RalphNortham) April 5, 2017
Current marijuana laws are costly and hurt communities of color. That’s why I believe in decriminalizing it. https://t.co/tVYs3hpwX0
— Ralph Northam (@RalphNortham) August 9, 2017
As Haley's doctor, Ralph knew that access to medical marijuana was one of her best chances at a better life. pic.twitter.com/03WaKSYWLc
— Ralph Northam (@RalphNortham) April 19, 2017
Additionally, Northam supports federal cannabis rescheduling. “What would happen after that is marijuana would be reclassified and then we can look at medicinal uses,” he told HuffPost. “And the point I like to make to people is there are probably around 100 or more medicines we use routinely that come from plants. And so there are many potential uses for marijuana.”
He also backs allowing hemp cultivation. “A Northam administration will support new efforts to bring Virginia products to market, including industrial hemp processing,” his campaign website says. “Several of our key public institutions, including Virginia State University, Virginia Tech, University of Virginia and James Madison University, are conducting field research on industrial hemp [and] Virginia could explore workarounds to increase access to hemp for private growers. Additionally, at the federal level, Ralph supports the removal of industrial hemp from the Controlled Substances Act of 1970… As part of Ralph’s economic development plan, he will continue efforts to recruit an industrial hemp processor for when then federal law changes.”
Northam defeated Republican Ed Gillespie, who did not formally endorse decriminalization but did release a plan he said was intended to reduce marijuana arrests. He also backed a modest expansion to the state’s current limited medical cannabis law.
Virginia lawmakers considered but did not act on decriminalization legislation during the 2017 session. However, with the State Crime Commission conducting its study of the issue by the request of the Republican Senate majority leader, its possible recommendation of removing marijuana’s criminal penalties would likely provide a significant boost to efforts to pass a bill in conjunction with support from the new governor.
New Jersey voters also elected a marijuana reform supporter as governor on Tuesday:
Photo courtesy of Ralph Northam.
White House Drug Officials Say Legal Marijuana Is Up To States
Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.
The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.
Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.
Got the answer: He believes it should be left up to the state. However, he does want to educate people on the effect marijuana has on young brain development, pregnant women and wants to come up with better guidance & testing for marijuana while driving. https://t.co/eifryNJB1j
— Kayla Sullivan (@KaylaReporting) August 14, 2019
It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.
Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.
Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”
“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”
Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.
During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”
“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”
He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”
Photo courtesy of Philip Steffan.
New Industry-Backed Marijuana Legalization Measure Filed In Florida
Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.
Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.
The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.
“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”
The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.
It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.
There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.
A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.
The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.
It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.
In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.
Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.
To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.
“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”
Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.
“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”
Read the full text of Make It Legal Florida’s marijuana proposal below:
Photo courtesy of WeedPornDaily.
Defense Department Official Stresses CBD Ban For Military Members
A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.
Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”
While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.
“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”
Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.
The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.
That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”
Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.
In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.
The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.
Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.
“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”
She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.
Photo by Sam Doucette on Unsplash.