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Top House Democrat Peddles Gateway Theory To Justify Marijuana Legalization Opposition

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The second highest ranking Democrat in the U.S. House of Representatives wrote on Monday that he remains wary of supporting the legalization of marijuana because he believes it is a gateway to “harder, very harmful drugs.”

In the letter from Majority Leader Steny Hoyer (D-MD), which was shared with Marijuana Moment by a constituent of the congressman, the top Democrat cited his record of embracing more modest cannabis reform proposals but stopped short of pledging to back adult-use legalization.

“I support the legalization of medical marijuana, as I am aware that it does have an ameliorating effect on pain and other circumstances that may be useful for patients,” he said, adding that he voted in favor of an amendment to protect medical cannabis states from federal interference. Hoyer more recently cast a vote for a measure that extends that protection to all legal marijuana states, though his letter does not mention it.

He also said he was in favor of Maryland’s decision to decriminalize marijuana possession in 2014, “as I do believe that there are too many non-violent offenders suffering in prison from a criminal conviction over possession.”

When Baltimore Mayor Kurt Schmoke (D) first floated the idea of legalizing drugs as a means to curb drug-related violence and other issues related to prohibition in the late 1980s, Hoyer wrote that he was was “initially amenable” to cannabis legalization.

But in the decades since, he’s backpedalled—apparently so much so that he’s offering an argument against legalization in 2019 that even staunch prohibitionists have begun to distance themselves from.

“I still have concerns on this after speaking to people who deal with drug abuse and rehabilitation issues and particularly after learning of the drug’s harmful consequences as a threshold drug that leads to the use of harder, very harmful drugs,” Hoyer wrote, using alternative language to describe the widely criticized gateway drug theory.

Evidence doesn’t bear out the gateway theory, as it ignores the fact that marijuana is the most widely used illicit substance and would therefore logically be one of the first drugs that a person uses in many cases. It also conflates causation with correlation, as the same principle could be used to argue that any commonly used drug like nicotine or alcohol leads people to use substances like heroin or cocaine.

What’s more, a growing body of research has demonstrated that for some people, cannabis serves as an offramp, used as an alternative to addictive prescription medications and illicit drugs.

“Rep. Hoyer is showing himself to be a relic of a bygone era who is far out of touch with the majority of Americans on marijuana policy,” Erik Altieri, executive director of NORML, told Marijuana Moment. “Marijuana legalization and regulation has been proven, in the real world not in Hoyer’s imaginary one, to lead to a decrease in youth use and to help people struggling with opioid addiction.”

“By sticking to the long debunked myth of marijuana as a gateway drug, Hoyer is denying actual science and failing his constituents by advancing talking points straight from the Reefer Madness era,” Altieri said. “It is time he joined the rest of us on the right side of history or for his district to find new representation.”

After Marijuana Moment originally published this story, Mckayla Wilkes, who is running against Hoyer in a primary challenge for his congressional seat, criticized the incumbent in a tweet in which she stated her support for legalizing cannabis and expunging past convictions.

 

Hoyer made similar remarks last year, acknowledging that voters are largely in favor of legalization and that it “probably makes sense” but stating that he’s “not so sure that it’s not a gateway drug to using other drugs.”

Robert Capecchi, the constituent who wrote to Hoyer about legalization, told Marijuana Moment that he while he doesn’t dislike the congressman and voted for him, “it’s incredibly disappointing to see opposition to cannabis policy reform—beyond accommodating medical cannabis laws—based on the debunked ‘gate-way theory,’ especially from one of the most senior members of Democratic Leadership.”

“I sincerely hope that Rep. Hoyer and other members of the House Democratic Leadership team take a page from their Judiciary Chair and start taking the need to reform our failed federal marijuana laws with the seriousness it deserves,” Capecchi wrote, referencing legislation Rep. Jerrold Nadler (D-NY) introduced last month to federally deschedule cannabis.

Other Democratic leaders in Congress such as Senate Minority Leader Chuck Schumer (D-NY) and House Democratic Caucus Chairman Hakeem Jeffries (D-NY) are also on board with reform plans, with the pair having introduced companion bills to remove cannabis from the Controlled Substances Act in May.

“This is not about use; people use and will continue to use cannabis regardless of federal law,” Capecchi said. “It’s about safety, it’s about equity, it’s about compassion, and it’s about responsible regulation and accurate education.”

At a time when numerous cannabis legalization bills are being filed and a majority of Democratic presidential candidates are vocally supporting broad reform, it’s unusual to see a party leader openly peddle what most consider an outdated and inaccurate theory, even if that position is couched in less familiar language (i.e. “threshold” versus “gateway”).

But it’s not entirely unheard of, as Rep. Elijah Cummings (D-MD), chairman of the House Oversight and Reform Committee, similarly subscribes to the gateway drug theory and didn’t shy away from saying so during an appearance on C-SPAN last year.

Read Hoyer’s letter below: 

August 26, 2019

Dear Mr. Capecchi,

Thank you for your letter regarding the legalization of marijuana. I appreciate your taking the time to make me aware of your concerns on this important matter.

I support the legalization of medical marijuana, as I am aware that it does have an ameliorating effect on pain and other circumstances that may be useful for patients. In the past, I have voted for an amendment in the Commerce Justice and Science appropriations bill that would prevent the Federal Government from impeding on Maryland’s ability to implement its medical marijuana laws. I also supported the decision made by Governor O’Malley and the Maryland General Assembly in 2014 to decriminalize the possession of small amounts of marijuana in Maryland as I do believe that there are too many non-violent offenders suffering in prison from a criminal conviction over possession.

As you may know, I was initially amenable to the idea of the legalization of marijuana when Kurt Schmoke was Mayor of Baltimore and advocating for drug decriminalization. However, in the 30 years since, I still have concerns on this after speaking to people who deal with drug abuse and rehabilitation issues and particularly after learning of the drug’s harmful consequences as a threshold drug that leads to the use of harder, very harmful drugs.

Should legislation regarding the legalization of marijuana come before the full House of Representatives, please be assured that I will keep your thoughts in mind.

Thank you again for sharing your thoughts with me. I encourage you to visit my website at www.hoyer.house.gov. While there, you can sign up for the Hoyer Herald, access my voting record, and get information about important public issues. If I can be of further assistance, please do not hesitate to contact me.

With kindest regards, I am

Sincerely yours,

Steny H. Hoyer

DEA Announces It Will Finally Take Action On Marijuana Grower Applications

This story was updated to include comment from Wilkes.

Image element courtesy of Tim Evanson.

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.

Politics

Santa Cruz City Council Approves Psychedelics Decriminalization Measure

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The Santa Cruz, California City Council unanimously voted in favor of a resolution on Tuesday that would effectively decriminalize a wide range of psychedelics by making them among the city’s lowest law enforcement priorities.

The measure—which was originally sponsored by then-Vice Mayor Justin Cummings (D), who’s since become mayor—says the city shouldn’t expend “resources in the investigation and arrest of persons twenty-one (21) years of age and older solely for the personal use and personal possession of Entheogenic Plants and Fungi” such as psilocybin, ayahuasca and ibogaine.

It further stipulates that possession and use of psychedelics by adults “should be considered among the lowest law enforcement priorities for the City of Santa Cruz.”

This is the latest in a series of local policy victories for the psychedelics reform movement, which kicked off with a successful ballot measure vote in Denver to decriminalize psilocybin mushrooms last May. Oakland’s City Council then unanimously approved a measure to make a broad range of plant- and fungi-derived psychedelics among the city’s lowest law enforcement priorities.

Now activists across the country are hoping to replicate that resolution, with organizers in roughly 100 cities aiming to decriminalize certain psychedelic substances through ballot initiatives and legislative action at the local level.

In November, Santa Cruz’s City Council heard testimony from the group behind the resolution, Decriminalize Santa Cruz. It was then referred to the Public Safety Committee and was amended prior to returning to the full body for a final vote.

Councilmembers revised the original measure in order to “to recognize the need for harm reduction and education for youth and families about drug prevention.” A provision was also inserted to clarify that “the sale, use and cultivation of Entheogenic Plants and Fungi to and by minors should be considered an exception that should require appropriate investigation by the Santa Cruz City Police Department.”

The word “cultivation” was also removed from provisions specifying the measure’s scope. But before the full Council vote on Tuesday, several advocates used the public comment portion of the meeting to urge that it be added back in, and members adopted that request before approving the final resolution.

“With possession and use being inserted without cultivation, that actually encourages the black market because there’s nowhere else to go,” Cummings, the mayor, said. “If people are are cultivating at themselves they know exactly what they’re producing.”

Activists celebrated their city becoming the third in the U.S. in less than a year to decriminalize certain psychedelic substances.

“These eight months we’ve been working on the resolution, I’ve met so many people whose lives were saved by entheogenic plants and fungi,” Julian Hodge, a founder of Decriminalize Santa Cruz and a member of Students for Sensible Drug Policy, told Marijuana Moment. “The Santa Cruz City Council took a great step to help those people today. I am incredibly proud to be part of this movement, and can’t wait to see the change we continue to make in the future.”

Another provision of the measure instructs the city’s state and federal lobbyists to “work in support of decriminalizing all entheogenic psychoactive plants, and plant and fungi-based compounds listed in the Federal Controlled Substances Act.”

Beyond Decriminalize Santa Cruz, a newly formed group called Project New Day also advocated for the reform move. The organization, which is focused on promoting research into psychedelics for the treatment of addiction and other mental health conditions, sent a press release on Tuesday highlighting comments from a military veteran who overcame addiction with the help of medically supervised psychedelics treatment.

“Psychedelic-assisted therapy saved my life,” Dylan Jouras said. “It’s important that people know there is an effective way to get better from addiction and deep mental health issues.”

While the local Santa Cruz resolution wouldn’t allow legal sales of psychedelics, another group of advocates is currently collecting signatures toward placing a broad statewide psilocybin legalization initiative before California voters on the November ballot.

In Oregon, organizers are hoping to put a proposal before voters that would legalize psilocybin for therapeutic use. Separately, a campaign in that state is pushing a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment.

Democratic presidential candidate Andrew Yang said at an Iowa campaign stop last week that he wants to legalize psilocybin for military veterans.

Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans

Photo elements courtesy of carlosemmaskype and Apollo.

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.
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New Mexico Lawmakers Approve Marijuana Legalization Bill

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A New Mexico Senate committee approved a bill on Tuesday that would legalize marijuana for adult use.

With a little more than three weeks left in the state’s short 2020 legislative session, lawmakers are making clear their intent to advance the legalization proposal in a timely fashion.

The bill, which is supported by Gov. Michelle Lujan Grisham (D), cleared the Senate Public Affairs Committee in a 4-3 vote.

Sen. Jacob Candelaria (D) led the introduction of the bill before the committee, testifying that he believes “2020 is the year New Mexico becomes the third state to enact legalization of cannabis through legislative action,” following Vermont and Illinois.

“We know that New Mexicans across the state, from rural to urban centers, are with us on this issue.”

“Bringing an underground market aboveground takes a lot of deliberation, statewide input from community members and stakeholders, ingenuity and learning from other states’ experiences,” the senator, who is himself a medical cannabis patient, said. “The criminalization of cannabis disproportionately harms and criminalizes young people and people of color, sponsors violence and corruption by those who currently exclusively trade in cannabis in the black market. The current situation, our status quo that relies on a black market outside of the medical program, does nothing to curb youth access to cannabis.”

The governor included legalization in her formal 2020 legislative agenda and discussed the importance of establishing a well-regulated and equitable cannabis market in her State of the State address this month.

The day after Lujan Grisham’s agenda was released, lawmakers filed the legalization bill, which would allow adults 21 and older to possess and purchase marijuana from licensed retailers. The legislation also contains social justice provisions such as automatic expungements for prior cannabis possession convictions.

The proposal would not allow home cultivation; however, it does decriminalize the cultivation of up to three plants and six seedlings, making the offense punishable by a $50 fine without the treat of jail time.

Additionally, the bill would eliminate the gross receipts tax for medical cannabis sales, mandate that recreational dispensaries service registered patients and create a subsidy program for low-income patients to access marijuana.

Recreational cannabis sales would be taxed at nine percent, with revenue going toward that subsidy program in addition to a “cannabis industry equitable opportunity investment fund” to support entrepreneurs from communities most impacted by the drug war, a “community grants reinvestment fund” and a workplace training program, among other programs.

According to a fiscal analysis, the state stands to bring in nearly $6.2 million in recreational cannabis revenue in Fiscal Year 2021. By FY20204, that amounts would rise to nearly $34 million. Municipalities and counties would rake in additional revenues.

“Legalizing and regulating will bring one of the nation’s largest cash crops under the rule of law, generating an estimated between 11,000 and 13,000 jobs for New Mexicans in every corner of the state,” Candelaria said.

The legislation must still pass in two other panels—Judiciary and Finance—before it gets a full vote on the Senate floor.

This latest development at the committee-level is the product of months of work from legislators and the governor’s administration. Last summer, Lujan Grisham formed a working group tasked with reaching out to community members and stakeholders, studying various components of cannabis regulation and submitting recommendations ahead of the current session.

The final report, which was released in October, laid out a number of proposed rules and restrictions for a legal marijuana market.

Earlier last year, the New Mexico House of Representatives approved a bill to legalize marijuana but it later died in the Senate. Lawmakers did send Lujan Grisham a more limited bill to simply decriminalize cannabis possession, which she signed.

While it’s possible that the current committee-passed legislation will be amended as it makes its way to a full Senate vote, or that companion legislation could be changed in the House, recent polling shows that New Mexico residents are widely in favor of the general policy change. Three-out-of-four residents who participated in a state-funded survey that was released last month said they back legalization.

If all goes according to the governor’s plan, a final legalization bill will be delivered to her desk by the end of the session—and upon her signature, New Mexico would likely become the 12th state to legalize recreational marijuana.

That said, lawmakers in states across the U.S. are eyeing cannabis reform this year, and a marijuana legalization bill advanced in a New Hampshire House committee earlier on Tuesday.

New Hampshire Lawmakers Approve Marijuana Legalization Bill

Photo courtesy of Philip Steffan.

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.
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New Hampshire Lawmakers Approve Marijuana Legalization Bill

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A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.

While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.

The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.

“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”

Watch New Hampshire lawmakers discuss the marijuana legalization bill below:

This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.

“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”

“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”

A floor vote by the full House of Representatives is expected on February 6.

Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.

Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.

In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.

New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident  that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.

Vermont Governor ‘At The Table’ On Marijuana Legalization Talks, Top Lawmaker Says

Photo courtesy of Philip Steffan.

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.
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