He was a self-admitted outlier among his Democratic colleagues in the House. But this week, Rep. Joe Kennedy III (D-MA), a formerly avowed opponent of marijuana reform, announced that he now supports legalizing cannabis.
But what’s the inside story on how the young Democrat prepared to publicly announce his evolution on cannabis?
“Congressman Kennedy had thoughtful discussions with experts across the fields of health care, mental health, criminal justice and public safety,” Dan Black, Kennedy’s press secretary, told Marijuana Moment in an email. In addition to constituents, the congressman “engaged with advocacy groups on both sides of the issue, who offered him critical perspective.”
In announcing his newfound support for legalization in an op-ed published by the health news site STAT on Tuesday, the 38-year-old congressman acknowledged that he’s “remained skeptical” about ending prohibition and attributed that skepticism to his “ongoing work with the mental health and addiction communities.” But in addition to witnessing the harms of drug addiction, he has also come to realize the harms of criminalization when it comes to patients, veterans and communities of color.
“Over the past year, I’ve worked to rectify these perspectives,” Kennedy wrote in his op-ed. And to that end, national advocacy groups like the Drug Policy Alliance (DPA) helped him along the way, holding talks with the congressman and his staff and providing fact-based research demonstrating the benefits of legalization as well as the costs of the drug war.
Two DPA officials—Michael Collins, director of the group’s office of national affairs, and Jolene Forman, a staff attorney—gave Marijuana Moment an inside look at the calculated evolution of Kennedy’s policy position. It started, they said, with an email from one of the congressman’s staffers about six months ago.
“We were one of the groups that he reached out to,” Forman said in a phone interview on Tuesday. “His staffers were trying to understand the impacts of legalization, and when we write these laws as an advocacy organization, what kind of public health and criminal justice consequences we were taking into consideration because he has a very clear public health focus and he has a background as a prosecutor, so he’s focused on inequities in the criminal justice system.”
“We sent them a ton of information. We probably inundated them with information.”
After several conversations with staffers, DPA held direct talks with Kennedy—answered his questions, explained the inadequacies of simple decriminalization as opposed to broad legalization and discussed specific legislation like the Marijuana Justice Act that the congressman could have the chance to vote for in the next Congress.
Initially, Kennedy was hesitant, for several reasons, according to Forman: his family’s well-publicized history with substance use disorders, the “public health-related harms that he wanted to make sure weren’t exacerbated by legalization” and also racial disparities in arrests. The congressman “wanted to know why decriminalization wasn’t sufficient to addressing those disparities, so we really needed to demonstrate how decriminalization still leaves great disparities in marijuana enforcement and really doesn’t repair any of the past harms of unequal marijuana enforcement,” she said.
Black, from Kennedy’s office, said that “in the end what swayed him most was the fact that—despite stark differences of opinion on the benefits and harms of marijuana itself—nearly every person he spoke with agreed emphatically with the premise that federal marijuana policy is broken.”
“They also universally agreed that those failures are disproportionally impacting certain Americans over others—communities of color devastated by criminal justice inequities, those struggling with mental health left unprotected from addiction, or veterans left disadvantaged by our country’s bottleneck in medical research.”
Kennedy’s policy pivot could prove politically advantageous in the long-run. Though he hasn’t explicitly signaled any intention to run for higher office, he’s a young and ambitious lawmaker who some consider a viable future presidential candidate. Being out of step on cannabis—not just with his colleagues but also with 66 percent of the general public—could turn off reform-minded voters. To some, it’s no coincidence that Kennedy’s pro-legalization editorial ran on the same day that his home state of Massachusetts launched its legal adult-use marijuana market.
From health care to criminal justice, the failures of our nation's prohibition on marijuana can be seen in every corner of our society. Status quo isn’t working & states aren’t turning back. It’s time to legalize & regulate marijuana at the federal level. Read my @STATnews op/ed: https://t.co/q5ZHzYpRwz
— Rep. Joe Kennedy III (@RepJoeKennedy) November 20, 2018
“He wants to, I assume, have a lengthy political career—have more of a national profile,” said Collins, who was formally named as DPA’s top staffer in Washington, D.C. this week after serving in the role in an interim capacity following the retirement of longtime director Bill Piper. “Has the policy on marijuana changed in the past two years? No. But the politics has, and it’s become unacceptable for Democrats to oppose legalization.”
“I think part of this is, as I said, Kennedy sees the writing on the wall on this issue and doesn’t want to continue to be on the wrong side of history, which is I think why he came out in such a prominent way,” he said.
Kennedy said as much in an interview with CBS Boston affiliate WBZ4 on Wednesday, noting that “states are moving forward on this and they’re not rolling it back.”
“You’re seeing this in progressive states, you’re seeing this in conservative states, you’re seeing it from conservative legislators as well,” he said.
The news of Kennedy’s pro-legalization transformation took many advocates off guard. After all, he’s consistently voted against marijuana legislation—even bipartisan amendments like one to allow veterans to access medical cannabis or shield children and families who use non-intoxicating cannabidiol (CBD) extracts from federal enforcement. The announcement also sent waves through the prohibitionist community.
Kevin Sabet, president of the nation’s leading anti-legalization organization Smart Approaches to Marijuana—which was co-founded by former Rep. Patrick Kennedy (D-RI), a relative of the current congressman—didn’t respond to Marijuana Moment’s request for comment. But in a statement released Tuesday, he said he “spoke with Rep. Kennedy about this matter recently” and that the congressman isn’t a fan of “the profit-hungry marijuana industry.” In a tweet, Sabet said he talked to Kennedy “at length” Monday night ahead of the announcement and reiterated that the congressman “no fan” of commercial legalization.
I didn't say it wasn't. I said he's not a fan of the pot industry, or legalization. I have spoken to him lots (incl last night at length). Have you?
— Kevin Sabet (@KevinSabet) November 20, 2018
But Sabet’s last-minute chat wasn’t enough to ward off the legalization endorsement. While the congressman said he remains concerned about “the public health impact of marijuana,” he also said that legalization “would restore the federal government’s ability to regulate a powerful new industry thoroughly and thoughtfully.”
“Legalization is not a cure-all. Risks remain and regulatory vigilance is required. Criminal justice inequities will persist until adequate state-level reforms are sought nationwide. But legalization would guide states choosing to move forward with strong and clear national standards meant to ensure that all Americans are protected fully and equally.”
While Black said his boss “is not endorsing any specific piece of legislation” at this time, he’s “waiting to see what proposals emerge in the new Democratic House.” With major committee chairs already talking about holding votes on cannabis-related legislation, Kennedy will likely soon have the opportunity to make good on his call for reform—and actually vote for it.
Photo courtesy of Ted Eytan.
Kentucky GOP Congressman Touts ‘High Hemp IQ’ Of His Constituents
Rep. James Comer (R-KY) says that he proved his political advisors wrong when he decided to champion hemp legalization.
When he served as Kentucky’s Agriculture Commissioner before joining Congress and first contemplated “making hemp a reality,” he was told that people would conflate the crop with marijuana and he’d face a backlash, Comer said during an interview that aired this week.
“They said the people of Kentucky will never know the difference. They’ll think you’re talking about marijuana and you’re done,” he said during the Kentucky Educational Television appearance. “You can’t be a Republican and do this.”
“But people in Kentucky are smarter than some people give us credit for, and the people in Kentucky knew the history of hemp,” he said, noting that his own grandparents cultivated the crop.
“We have a high hemp IQ in Kentucky, and people across America are now learning the difference between hemp and marijuana.”
One of the areas that Comer said he hopes to see expanded is the use of hemp fibers to create products such as furniture and car parts. He mentioned one example of a Kentucky company that’s creating hardwood flooring out of hemp, and House Agriculture Committee Chair Collin Peterson (D-MN) is going to tour that facility with him soon.
Shortly before becoming the panel’s chair, Peterson said he was considering growing hemp on his own farm.
Most of the existing hemp facilities in Kentucky are producing CBD oil, which Comer said he also takes to treat minor pain.
While hemp and its derivatives were federally legalized under the 2018 Farm Bill, businesses are still awaiting guidelines from the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). And that regulatory uncertainty has led some financial institutions to deny credit lines to hemp companies.
To that end, Comer said he and Senate Majority Leader Mitch McConnell (R-KY) are working closely to resolve the problem. That includes pushing for the Secure And Fair Enforcement (SAFE) Banking Act, which would protect banks that service state-legal cannabis businesses from being penalized by federal financial regulators.
“We teamed up with the marijuana people in the states,” Comer said.
Watch Comer’s hemp comments, starting around 5:30 into the video below:
“They’ve legalized marijuana. They’re selling marijuana. They’re not allowed to deposit the cash. They’re not allowed to take credit card transactions at those marijuana stores,” he said. “We have worked with them to try to create a system where you can have financial transparency, and that bill is making its way through Congress now.”
The SAFE Banking Act was approved by the House Financial Services Committee in March. And on Tuesday, the Senate Banking Committee took advocates by surprise after it announced that it would hold a hearing on marijuana banking issues next week, with just days left before the August recess.
Separately, the Senate Agriculture Committee will meet to discuss hemp production two days later.
McConnell has been an especially vocal advocate for hemp and CBD. For example, he led the head of USDA on a tour of a Kentucky hemp facility that produces CBD oil earlier this month.
Comer also claimed in the new interview that large pharmaceutical companies feel threatened by hemp-derived CBD as more consumers gravitate toward it as a “natural supplement” that could be a substitute for prescription painkillers.
“Now what you are having up here in Washington as we speak, the big drug companies are like, ‘Wow, people are buying this CBD oil and not buying our drug,'” the congressman said. “So they’re demanding that the FDA regulate it.”
He and McConnell are working to “keep the FDA off the backs of people,” Comer said.
While former FDA Commissioner Scott Gottlieb stressed that creating a regulatory pathway that allows for the lawful marketing of CBD as a food item or dietary supplement would take years without congressional action, the agency recently said that it is speeding up the rulemaking process and will issue a progress report by early fall.
USDA similarly recognized the intense interest from lawmakers and stakeholders in developing regulations for the crop, and it plans to issue an interim final rule for the crop in August.
Photo courtesy of KET.
Psychedelics Decriminalization Moves Forward In Cities Around The U.S.
Activists in Berkeley, California and Port Townsend, Washington took steps this week to get psilocybin mushrooms and other psychedelics decriminalized, following in the footsteps of successful similar efforts in Denver and Oakland.
In Berkeley, a decriminalization resolution advanced in a City Council committee on Wednesday, and organizers in Port Townsend spoke about their proposal at a county public health board meeting on Thursday, with plans to formally present it to the City and County Council.
The Berkeley measure would prohibit city departments and law enforcement from using any funds to enforce laws against possession, propagation and consumption of psychedelics by individuals 21 or older. Members of the City Council Public Safety committee unanimously voted to send the resolution to the body’s Public Health Committee for further consideration.
If that panel approves the measure, the full Council will schedule a hearing and vote on final passage. Decriminalize Nature, the group behind this resolution as well as the successful passage of neighboring Oakland’s psychedelics decriminalization effort last month, said they hope the Council will act on the measure by early November.
Separately, activists in Port Townsend announced that they delivered a speech about their psychedelics decriminalization proposal during a meeting of the Jefferson County Board of Health.
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Today we gave our speech to the Port Townsend County Board of Public Health! We are overwhelmed by the support of our community. Our group of supporters filled up half the audience. We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council. Much gratitude 🙏 free the plants 🌱✨💖 #freetheplants #plantmedicine #mushrooms #ayahuasca #peyote #heal #pnw #porttownsend #endwarondrugs
Beyond prohibiting the use of government funds to criminalize adults for using and possessing the substances, the local Washington resolution also calls on the city administrator to “instruct the City’s state and federal lobbyists to work in support of decriminalizing all Entheogenic Plants and plant-based compounds that are listed on the Federal Controlled Substances Schedule 1.”
“We are overwhelmed by the support of our community. Our group of supporters filled up half the audience,” the Port Townsend Psychedelic Society said in an Instagram post. “We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council.”
Alex Williams, who is leading the decriminalization effort in Berkeley, told Marijuana Moment that Wednesday’s Council committee meeting there “went better than I had anticipated” and that he feels “there is an excellent chance of the resolution passing.”
Watch the Berkeley Public Safety Committee discuss psychedelics, starting at about 42:00:
While Williams said two members of the committee seemed to be under the impression that the resolution is singularly geared toward recreational use and meant to “capitalize on a new market,” Decriminalize Nature plans to address those misconceptions, emphasizing that the measure would not provide for commercial manufacturing or sales and that “this process is very important to allowing safe, equitable access to marginalized communities.”
“It is essential that entheogenic substances be treats as sacred spiritual practices and healers,” he added.
The resolution defines entheogenic substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Two Councilmembers, Rigel Robinson and Cheryl Davila, are sponsoring the measure.
“You can imagine a day where, years from now, doctors working with patients with serious depression or veterans dealing with PTSD could actually offer them a more realistic and comprehensive suite of potential treatments, which may include some of these plants as the research over the last several decades has indicated,” Robinson said at the meeting.
While Berkeley might seem like an obvious target for psychedelics reform given the city’s decades-long close association with counterculture, the movement to remove criminal penalties is gaining steam nationally. Decriminalize Nature is maintaining a map of jurisdictions throughout the country where activists have expressed interest in pursuing a similar model.
Time to update the outreach board! Close to 100 locations have reached out now, some already speaking with their City Councilmembers. Great job everyone! #DecriminalizeNature #yourcity #DNUSA pic.twitter.com/D7lbCpdi3c
— Decriminalize Nature (@DecrimNature) July 16, 2019
Also this week, a resident spoke at a Columbia, Missouri City Council meeting, asking the body to consider a resolution to decriminalize psychedelics. At least one councilmember expressed interest in following through, and he called the therapeutic potential of the natural substances “very promising.”
Individuals from nearly 100 cities have reached out to the organization for assistance advancing their own decriminalization efforts.
Voters in Denver kicked things off by approving the nation’s first-ever ballot measure to decriminalize psilocybin mushrooms in May.
Activists are currently pursuing efforts to place psilocybin-focused measures on statewide ballots in California and Oregon for next year.
Photo courtesy of Wikimedia/Mushroom Observer.
Top Democratic Party Leader Flops With Attempted Joke About Trump Smoking Hemp
The chairman of the Democratic National Committee (DNC) apparently thinks that hemp gets you high—and that getting high makes you dumb.
In an attempted dig at President Donald Trump, who said last week that farmers struggling amid a trade war were “over the hump,” DNC Chair Tom Perez said he thought the president “was smoking some hemp when he said they were over the hump.”
“If you smoke some hemp, I guess that would stimulate certain farm economies here,” he added during his remarks at a press conference in Wisconsin.
Watch Perez’s hemp comment at about 6:45 into the video below:
Because hemp contains only trace amounts of THC, the main psychoactive ingredient in marijuana, it wouldn’t get you high, as Perez implied. But legalization advocates say it’s especially problematic that a party leader is treating marijuana as a laughing matter in the first place.
“I would need to be smoking something a hell of a lot stronger than hemp to find Tom Perez’s weak attempt at a marijuana joke funny,” Erik Altieri, executive director of NORML, told Marijuana Moment.
“At a time when over 600,000 overwhelmingly black and brown Americans are still being arrested every year for simple possession, our failed and racist prohibition is no laughing matter,” he said. “While we have made great progress in winning elected officials nationwide to our cause, Perez illustrated that we have a lot of work left to do when it comes educating them about the issue and still a bit of a road to go down before we can stop dealing with dad jokes and bad weed puns.”
Don Murphy, director of federal policies for the Marijuana Policy Project, echoed that point.
“We need more leadership and action at the federal level, not more stupid jokes, puns and inaccurate comments about hemp’s ability to get you high,” he told Marijuana Moment. “Luckily that is something that many of his party’s presidential candidates understand,” he said. “Sadly, Mr. Perez does not.”
Perez’s position on cannabis policy isn’t quite clear, as he’s remained largely silent on the issue. In contrast, many 2020 Democratic presidential candidates are campaigning on broad marijuana reform proposals.
The DNC chair made his attempted hemp quip during a press availability in Milwaukee, where he is meeting donors and coordinating preparation for next year’s Democratic National Convention.
Photo courtesy of Flickr/Gage Skidmore.