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Pennsylvania Poll On Marijuana Legalization Reveals An Opportunity For Republicans

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Nearly two-thirds of Pennsylvanians support legalizing marijuana for adults and establishing a statewide system to regulate and tax sales—including majorities of the state’s conservative, moderate and liberal voters.

That’s according to a new statewide survey, commissioned by the Pennsylvania Cannabis Coalition (PCC) industry group and conducted by Harrisburg-based Harper Polling, that found 62 percent of likely voters in favor of legal, regulated sales to adults 21 and over.

Published on Wednesday, the poll indicates indicates an opportunity for Republican candidates looking to win over voters, according to a memo published Wednesday alongside the poll results.

“While many have reported on Democratic support of legalization,” said PCC President Bob Pease, “a key finding of the poll was the electoral support of adult-use among Republicans. The numbers are clear: supporting legalization is a flat-out good vote.”

Results from the survey suggest that Republican lawmakers would likely see a net gain in political support if they chose to support legalization. A third of Republicans (34 percent) said they would enthusiastically support a Republican legislator who voted for legalization. That proportion is even higher (45 percent) among Republicans age 18 to 39.

“Male Democrats would be especially willing to consider voting for a Republican legislator who supports adult-use cannabis.”

The political risk to Republican officials, the survey found, would be minimal: “A mere 9% of Republicans would vote their legislator out of office due to a vote in support of adult-use cannabis,” the memo says.

Overall, 54 percent of self-identified conservatives said they supported legalization, compared to 63 percent of moderates and 76 percent of liberals.

Supporting legalization may even be a way for conservative candidates to poach liberal voters, the survey suggested.

“Nearly a third of Democrats would be more likely to vote for a Republican legislator who they knew ‘supported controlling, regulating, and taxing the sale of adult-use cannabis in Pennsylvania’ (31%),” the polling memo by Harper Polling, which has traditionally worked for Republican candidates and conservative causes, says. “Male Democrats would be especially willing to consider voting for a Republican legislator who supports adult-use cannabis (45% yes), as would younger Democrats (46% yes).”

The poll suggests that one reason for the broad support for legalization is financial: “Voters across all key demographics,” the survey found, “would rather see the state regulate and tax adult-use cannabis as opposed to raising income, sales and business taxes.” Pennsylvania is projected to face a budget gap of up to $5 billion later this year, making it more difficult for the state to support workers and rebuild its economy following the coronavirus outbreak.

Pennsylvania Gov. Tom Wolf (D) has already indicated support for legalization, calling on the state legislature last September to “seriously debate” the issue. Earlier in 2019, Lt. Gov. John Fetterman (D) visited every county in the state to hear from constituents about legalization. According to a state report on the listening tour, 68 percent of people who attended the sessions were in favor of legalization. Of those who submitted comments by mail, fax or phone, 82 percent said they were in support.

“We now know the majority of Pennsylvanians are in favor of legalization,” Wolf said at the time, “and that includes me.”

Fetterman told Marijuana Moment that he encountered hardly any voters on the listening tour who were in favor of outright prohibition. “Very few people—in fact, no one that we could find—thinks that it’s appropriate to be on Schedule I or this idea that it’s in any way, shape or form comparable to hard drugs or dangerous drugs,” he said.

Pennsylvania has seen several cannabis legalization bills introduced during the past year or so, most recently this past February. The latest bill, HB 2050, would legalize, tax and regulate cannabis sales in the state and set up programs designed to promote social equity and restorative justice. It’s currently before the House Health Committee.

While one piece of legislation that has been introduced would put sales in the hands of state-run stores, the new poll found that only 24 percent of voters support that option, whereas 59% want cannabis to be sold through licensed dispensaries.

A legislative committee in 2018 passed a bill that would have decriminalized some cannabis offenses in the state, but the measure failed to advance further in the legislature.

Pease, president of PCC, said that legalization could help fill budget holes made worse by the COVID-19 pandemic, noting a report by the state Auditor General’s office indicating legalization could bring in more than $581 million in annual tax revenue.

“A well-formed adult-use program that is regulated, taxed and controlled,” Pease said, “will provide opportunities for those harmed by inequity created by the War on Drugs while supporting the Commonwealth’s budget in these challenging fiscal times.”

The poll of 644 likely voters was conducted April 21 – 26 and has a margin of error of +/-3.86%.

Top Minnesota Lawmaker Unveils Long-Delayed ‘Best’ Marijuana Legalization Bill In The Country

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Trump Reelection Campaign Attacks Biden As ‘Architect’ Of The War On Drugs

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President Trump’s reelection campaign is seizing on presumptive Democratic presidential nominee Joe Biden’s record as a chief sponsor and champion of punitive anti-drug laws that have contributed to mass incarceration.

In a blog post on Tuesday, the campaign attacked Biden as a “typical Washington career politician who spent decades building up America’s mass incarceration system and poisoning the public discourse with race-baiting, divisive and inflammatory remarks.”

Biden’s role in authoring bills ramping up the war on drugs during his time in the Senate is also being featured in a Trump 2020 video ad—signaling that the president is angling to present himself as the drug policy reform candidate as the November election approaches.

“Biden hasn’t just stoked America’s racial divisions over the course of his decades in Washington,” the blog post on donaldjtrump.com, which was later shared on Twitter by the technically unaffiliated super PAC America First, states. “Biden was the chief architect of mass incarceration and the War on Drugs, which targeted Black Americans.”

“Biden voted to extend minimum penalties for people under 21 charged with selling marijuana, and introduced the civil forfeiture legislation which allows the government to seize assets of citizens accused of drug crimes,” the campaign blog post continues. “Biden helped write the Anti-Drug Abuse Act, which created the 100:1 crack cocaine sentencing disparity and disproportionately targeted minority communities.”

“Biden’s self-imagined reinvention as a racial healer is laughable and requires memory-holing decades of racially inflammatory rhetoric.”

In the video ad released last month, the Trump campaign said that mass incarceration “has put hundreds of thousands behind bars for minor offenses. Joe Biden wrote those laws.”

“Joe Biden’s policies destroyed millions of black lives” due to his role in advancing anti-drug laws and other criminal justice policies, it states. “Joe Biden may not remember. But we do.”

The campaign first indicated it would be highlighting criminal justice reform when it aired an ad during the Super Bowl in February touting the president’s commutation of a person convicted of a nonviolent drug offense.

Drug reform advocates have made similar criticisms of the former vice president, arguing that his record does not bode well for the prospects of comprehensive policy changes in the U.S. criminal justice system. His ongoing opposition to adult-use marijuana legalization has also been a source of frustration, despite his recent support for more modest proposals such as decriminalizing possession, allowing medical cannabis, federal rescheduling, expunging past convictions and letting states set their own laws.

That said, while the Trump administration has taken certain modest bipartisan steps—such as signing sentencing reform legislation, granting clemency to certain individuals with prior federal drug convictions and voicing support for states’ rights when it comes to cannabis legalization—the image of a uniformly pro-reform president that the campaign is attempting to present isn’t the full picture.

“Joe Biden’s record on drug policy is quite abysmal given his role in the 1994 Crime Bill and as one of the lead advocates for increased mandatory minimum sentences and other policies that inflamed our crisis of mass incarceration in this country,” Erik Altieri, executive director of NORML, told Marijuana Moment. “Unfortunately, despite not having a long legislative record like Biden for direct comparison, Donald Trump’s history as it relates to racial justice and drug policy is also quite horrendous.”

Trump’s first attorney general, Jeff Sessions, rescinded Obama-era guidance known as the Cole memo. Under that directive, federal prosecutors were advised not to pursue action against individuals for state-legal cannabis-related activity, except under a select set of circumstances.

Also, while Trump has voiced support for medical cannabis legalization, he’s on several occasions released signing statements on spending legislation stipulating that he reserves the right to ignore a long-standing rider that prohibits the Justice Department from using its funds to interfere with state-legal medical marijuana programs.

Trump also asked Congress to end the medical cannabis protections as part of his fiscal year 2021 budget plan—something the Obama administration also previously did to no avail.

Despite his pledged support for medical cannabis and states’ rights, Trump evidently holds some negative views toward marijuana consumption, as evidenced in a recording from 2018 that was leaked two years later. In that recording, the president said that using cannabis makes people “lose IQ points.”

Another controversial administrative action concerns immigrants and marijuana. In April 2019, the U.S. Citizenship and Immigration Services issued a memo stating that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—is an immoral offense that makes immigrants ineligible for citizenship.

In December 2019, the Justice Department issued a notice that it was seeking to make certain marijuana offenses, including misdemeanor possession, grounds to deny asylum to migrants.

In February 2020, the president applauded countries that impose the death penalty for drug traffickers—a point he’s repeatedly been known to make, according to a report from Axios.

Meanwhile, though the president’s reelection campaign is presenting him as a criminal justice reformer, Trump himself in recent days has embraced the slogan of “law and order” as he has seemed to endorse violent law enforcement responses to people protesting police killings of black Americans.

Altieri of NORML said that despite these conflicting statements and administrative actions, the Trump campaign “does seem to understand by putting forth this outreach is that marijuana law reform and ending our failed War on Drugs are popular positions with the majority of all Americans, regardless of political affiliation.”

“All candidates should be putting forth comprehensive plans on how they will address cannabis and criminal justice reform if they are in the White House in 2021, but as of yet we’ve seen mostly lip service and finger pointing in lieu of real solutions,” he said.

The White House Is Reviewing CBD And Marijuana Research Guidance From FDA

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The White House Is Reviewing CBD And Marijuana Research Guidance From FDA

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The White House is currently reviewing a federal plan for marijuana and CBD research.

The Food and Drug Administration (FDA) submitted draft guidance on the issue last week to the White House Office of Management and Budget (OMB).

Details about the document—titled “Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research”—are sparse. But an FDA spokesperson indicated to Marijuana Moment that it’s related to the agency’s ongoing work to develop broader CBD regulations that could eventually allow for the marketing of cannabis products as dietary supplements or food items.

“We recognize that there is substantial public interest in marketing and accessing CBD for a variety of products. We are working toward a goal of providing additional guidance, and have made substantial progress,” FDA said in a statement. “There are many questions to explore regarding the science, safety, effectiveness and quality of products containing CBD, and we need to do our due diligence.”

“As part of our work, the FDA continues to explore potential pathways for various types of CBD products to be lawfully marketed,” the statement continues. “An important component of this work is obtaining and evaluating information to address outstanding questions related to the safety of CBD products that will inform our consideration of potential regulatory frameworks for CBD while maintaining the FDA’s rigorous public health standards.”

What remains to be seen is whether FDA plans to wait for this specific guidance to be finalized and for the resulting research to be completed before it gets around to issuing final rules for CBD products in general. Stakeholders have been eagerly awaiting those regulations so they can fully take advantage of the legalization of hemp and its derivatives.

“We will continue to update the public about our path forward as our work progresses, and provide information that is based on sound science and data,” FDA said.

While sending the guidance to OMB could be interpreted as a positive development signaling that FDA is making progress on the development of regulations, former FDA Commissioner Scott Gottlieb said on Saturday that White House policies requiring OMB to review scientific documents in the first place represent an onerous step that’s delayed the issuance of guidance.

The FDA spokesperson declined to comment on the former commissioner’s statement.

The agency first announced in January that it planned to publish guidance on cannabis research this year. It’s not clear how long the OMB review will take or when the document will be finalized for public release.

In addition to sending the guidance to the White House for review, FDA is also soliciting public input about the safety and efficacy of CBD in comment period it has decided to keep open indefinitely. The agency said in an update to Congress in March that it has several specific questions it wants answered before deciding whether the cannabidiol can be lawfully marketed. That includes questions about the impact of different methods of consumption and drug interactions.

In the meantime, FDA is maintaining enforcement discretion when it comes to action against companies that sell CBD products regardless of the lack of regulations and has said it is currently targeting sellers that make especially outlandish or unsanctioned claims about the therapeutic value of their products.

It sent a warning letter to a CBD company owned by a former NFL player after advertisements it displayed suggested its products could treat and prevent a coronavirus infection, for example.

FDA sent a letter warning to a company about its marketing of injectable CBD products that led to a voluntary recall last month.

The agency also publicized a voluntary recall of another CBD product from a different company, notifying consumers about potentially high levels of lead in a batch of tinctures.

FDA has previously issued warnings to other CBD companies that have made unsubstantiated claims about the therapeutic potential of their products.

Scientists And Veterans File Lawsuit Challenging DEA’s Marijuana Rescheduling Denials

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Marijuana Legalization And The Fight For Racial Justice (Op-Ed)

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“Black and brown lives matter and we owe it to our country and to ourselves to take tangible steps toward dismantling many of the power structures that perpetuate injustice. Marijuana prohibition is simply one of them.”

By Erik Altieri, NORML

On May 25th, George Floyd was killed on camera by officers affiliated with the Minneapolis Police Department. As were many Americans, we were shocked and disheartened by this tragic and needless loss of life.

As the events of the past few days have unfolded, it is clear that America is in the midst of a long overdue reckoning with itself. Since 1619, when the first ships arrived on the coast of Virginia with enslaved Africans in chains, our country has long had to struggle to address the inequality and structural racism embedded within our public institutions—particularly within the criminal justice system.

From slavery and the Civil War, to the battles to end Jim Crow laws, to the marches for civil rights, to the protests against mass incarceration, to the Black Lives Matter movement, each generation of Americans has stepped up to take action to fight to end racial injustice.

As protests continue to take place across our nation, more Americans are beginning to publicly demand action from their local, state and federal leaders to end the policies and practices that promote, enable and drive systemic racial injustice. In these conversations about policy solutions, many will include in their demands an ending to the war on drugs—or, at a minimum, an ending to marijuana criminalization. But while ending cannabis prohibition is both important and necessary, we must also recognize that doing so is but a single piece of a much larger puzzle.

Will legalizing marijuana reform alone solve the problem of racial injustice? No.

Is ending cannabis prohibition going to fix all of America’s social ills? No.

After we legalize adult-cannabis use, will we see an end to discriminatory policing against communities of color and other marginalized groups? No.

Will end marijuana prohibition be a small step toward the greater goal of promoting justice? Without a doubt, yes.

And the majority of Americans agree.

Our decades-long prohibition of marijuana was founded upon racism and bigotry. Look no further than the sentiments of its architect, Harry J. Anslinger, Commissioner of the Federal Bureau of Narcotics, who declared: “[M]ost [marijuana consumers in the US] are Negroes, Hispanics, Filipinos and entertainers. … [M]arijuana causes white women to seek sexual relations with Negroes. … Reefer makes darkies think they’re as good as white men.”

These racial biases were later exploited by the Nixon administration when it ramped up the drug war in 1970 and declared cannabis to be “public enemy #1.” As former Nixon adviser John Ehrlichman later acknowledged: “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”

Today, the modern era of marijuana prohibition continues to be disproportionately applied. Annually, over 650,000 Americans are arrested for violating marijuana laws. Yet, according to an analysis of these arrests released earlier this year by the ACLU, “In every single state, Black people were more likely to be arrested for marijuana possession, and in some states, Black people were up to six, eight, or almost ten times more likely to be arrested. In 31 states, racial disparities were actually larger in 2018 than they were in 2010.”

Of course, marijuana prohibition isn’t the sole cause of America’s racial inequities, nor is it the sole reason why certain members of the police continue to engage in racially-aggressive policing and misconduct. But its criminalization is one of the tools commonly used to justify and perpetuate these injustices.

For example, marijuana enforcement was the pretext in the fatal law enforcement shooting of another Minnesotan just a few years before George Floyd’s murder: Philando Castile. The officer in this case alleged that he feared for his life simply because he believed that Mr. Castille had been smoking marijuana, stating: “I thought I was gonna die. And I thought if he’s, if he has the guts and the audacity to smoke marijuana in front of the 5-year-old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me. And, I let off the rounds and then after the rounds were off, the little girl was screaming.”

Even in those jurisdictions where adult-use cannabis is legal, we know that there still remains much work to be done to address continuing racial inequities. For instance, African Americans and Latinos continue to disproportionately be targeted for traffic stops in Colorado and Washington even after legalization.

Then there is the question of the cannabis industry itself. We advocates need to continue to push for inclusion and equity within this space. We must not ignore the reality that while a handful of venture capitalists are now engaging in licensed cannabis sales in systems that largely exclude minority ownership while millions of others—most of them young, poor and people of color—continue to face arrest and incarceration for engaging in much of the same behavior.

There is no doubt that our national discussion over matters of race and policing will continue long after these public protests have ceased. NORML believes that calls for cannabis legalization need to be an important part of this emerging discussion—but only a part. Black and brown lives matter and we owe it to our country and to ourselves to take tangible steps toward dismantling many of the power structures that perpetuate injustice. Marijuana prohibition is simply one of them.

We are at a crossroads in this country and it is time for all of us to march as allies in the fight for racial justice and equality. It is important during this process for those of us not from these marginalized communities to truly listen to those who are facing this oppression and support them in this struggle. Let us take this moment in time to pledge to put in the work necessary in order to make America the better and more just nation that we know it can be.

Erik Altieri is executive director of NORML.

Cory Booker Cites Marijuana Enforcement As Example Of Racial Injustice That Is Motivating Protests

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