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NY Dem Chair Warns Against Passing Voter-Supported Marijuana Legalization Bill

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The head of New York’s Democratic Party said on Thursday that if the state Senate votes on a marijuana legalization bill, his party’s lawmakers run the risk of alienating voters and losing reelection next year.

Jay Jacobs, the state party chairman, claimed that several “far progressive” measures, including cannabis legalization, lack popularity in certain areas across the state such as Long Island and upstate New York. He cautioned lawmakers against putting the issue to a vote, arguing that voters would “throw us out of office.”

“It could be the straw that breaks the camel’s back,” he told Newsday.

Polling doesn’t support that conclusion, though. According to a March 2019 survey from Quinnipiac, 65 percent of New Yorkers are in favor of allowing adults to legally possess cannabis for personal use. That includes 63 percent of respondents in upstate New York and 65 percent of those living in the suburbs. Sixty-six percent of independents statewide also back ending marijuana prohibition.

Via Quinnipiac.

Additionally, 59 percent of voters said they support letting marijuana businesses sell marijuana in their own communities. Sixty percent of upstate residents and 54 percent of suburbanites said the same.

That puts support for a legal cannabis system higher than the approval ratings in the very same survey for elected Democrats such as Gov. Andrew Cuomo, U.S. Senate Minority Leader Chuck Schumer, U.S. Sen. Kirsten Gillibrand, the speaker of the state Assembly and the state Senate majority leader.

Jacobs’s comments come at a time when advocates are struggling to advance a legalization bill that is just two votes shy of being passable in the Senate, according to an analysis by The Democrat & Chronicle.

Despite Cuomo including legalization in his budget proposal and pressuring lawmakers to get the legislation to his desk this session, the governor said earlier this week that the bill will not pass “because the Senate doesn’t have the votes.”

He doubled down on blaming the chamber for the stalled legislation in an interview with WAMC on Friday, saying that even if he “kept the Senate there for the next ten years, they couldn’t pass marijuana.”

That said, it’s possible that the legislation will be inserted into an omnibus spending bill in the closing hours of the session.

There’s also a chance that Senate Democrats will agree to a plan to bring the bill up for a full floor vote after they meet to discuss legalization during a caucus conference next week.

Cuomo’s statements about the vote deficit that legalization faces in the Senate, and his reluctance to more forcefully press lawmakers from his party on the issue have frustrated its backers in the legislature. Sen. Liz Krueger (D) said on Thursday that if “we don’t get the support of the governor, I will not be able to convince my colleagues—some of whom are on the fence—that this is a good vote for them because this is a controversial issue.”

“If they believe this is something the governor will follow through on and commit to and back us up on, I believe we can bring it across the finish line,” she said.

While the state Democratic chair might not hold the same sway as Cuomo, his statements dismissing legalization legislation are likely to draw similar criticism, especially considering that the party adopted a resolution in support of regulating cannabis last year.

Interestingly, while the Democratic official warned against moving forward on legalization in a state where the issue enjoys majority support, the incoming chair of New York’s Republican Party said last week that he’s open-minded about marijuana reform.

“I don’t have the same hostility toward the legalization of marijuana as maybe my predecessors did,” Nick Langworthy said. However, he added that Republicans “should not be trying to lead the pack in the field of legalization of marijuana.”

With fewer than 10 working days left in the current legislative session, pressure to pass the reform bill is reaching a boiling point.

Frustration over the legislature’s inability to rally support for the legislation has escalated in the days since lawmakers in Illinois sent a legalization bill to the governor’s desk. A Delaware House committee also approved legalization on Wednesday.

Neighboring New Jersey, meanwhile, has thrown in the towel on legalizing cannabis this year. Instead, leading lawmakers said the issue will be decided by voters in the form of a referendum on the 2020 ballot.

Delaware Lawmakers Approve Marijuana Legalization Bill

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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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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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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