President Donald Trump again praised the death penalty as an effective method of drug control on Monday, continuing a string of statements he’s made in support of swift, violent punishment for people who sell illegal substances.
“It’s interesting,” Trump told a group of state governors at a White House meeting Monday, “we have Singapore, they have very little drug problem. We have China, they have very little drug problem. States with a very powerful death penalty on drug dealers don’t have a drug problem.”
“I don’t know that our country is ready for that,” the president continued, “but if you look throughout the world, the countries with a powerful death penalty—death penalty—with a fair but quick trial, they have very little if any drug problem.”
Trump suggests he’d like to model American criminal law on drug dealing on authoritarian systems like China, where dealers are executed: “Countries with a powerful death penalty, with a fair but quick trial, they have very little if any drug problem. That includes China.” pic.twitter.com/9WprysjJAX
— Aaron Rupar (@atrupar) February 10, 2020
Monday’s comments are far from the first time Trump, who says he has never even consumed alcohol, has flirted with the idea of executing people who sell drugs. For years he’s praised foreign leaders’ use of harsh punishments for drug offenses, and many believe he would like the U.S. to adopt the same approach.
“It’s not the first time Trump has hinted this country may not be ready for the ‘tough policies’ he has in mind,” Sanho Tree, a drug policy researcher and fellow at the Institute for Policy Studies, told Marijuana Moment. “It is clearly the most chilling part of his remarks. He truly believes he can kill people to force others into compliance with his dictates. It’s entirely consistent with his expressed admiration for authoritarian rulers in the Philippines, North Korea, Saudi Arabia, Brazil and other autocracies.”
In 2018, an Axios article citing five sources reported, that the president often “leaps into a passionate speech about how drug dealers are as bad as serial killers and should all get the death penalty.” Inspired by Singapore and other countries that use capital punishment for drug crimes, it said, Trump “would love to have a law to execute all drug dealers.”
A year earlier, a leaked phone transcript showed Trump complimenting Philippines President Rodrigo Duterte, who at the time was openly calling for extrajudicial killings of people believed to be linked to the drug trade.
“Keep up the good work,” Trump told Duterte on the April 2017 call. “You’re doing an amazing job.”
The International Criminal Court has since opened an inquiry into Duterte’s ongoing campaign of violence, which so far has killed thousands, but Duterte has refused to cooperate. “I will never, never, never answer any question coming from you,” he told the court this past December. “It’s bullshit to me.”
By most accounts, Duterte’s bloody efforts have failed his people miserably. This week Col. Romeo Caramat, the head of drug enforcement for the Philippine National Police, told Reuters that violence has done little to impact the availability of drugs.
“Shock and awe definitely did not work,” he said. “Drug supply is still rampant,” with illegal drugs available “any time, anywhere” in the Philippines.
A recent report from the nonprofit Drug Policy Alliance also undermines the tough-on-crime approach. The report, published in December, found that harsh penalties for drug offenses contribute to the availability of cheaper, deadlier drugs.
“When law enforcement cracks down on drug markets, suppliers have an incentive to trade in highly concentrated products, which can be more easily hidden than less potent, bulkier goods,” the report said. “This dynamic may have encouraged the introduction of fentanyl into the illegal opioid market, initiated by high-level actors at the top of the supply chain.”
Trump hasn’t yet clearly called in public for the U.S. to adopt the death penalty for drug offenses, though he’s hinted at a harsher approach, saying at a 2018 White House event that “we’re going to have to be very strong on penalties.”
“We have pushers and we have drug dealers that kill hundreds and hundreds of people and most of them don’t even go to jail,” he said at the time. “If you shoot one person, they give you life, they give you the death penalty. These people [who sell drugs] can kill 2,000, 3,000 people and nothing happens to them.”
Countries that impose the death penalty on drug offenders, he argued, “have much less of a drug problem than we do. So we’re going to have to be very strong on penalties.”
Within the U.S., federal prosecutions of drug crimes have been rising amid a wave of overdose deaths during the past decade that has put pressure on public officials to respond. In 2019, overall drug-crime prosecutions increased by about 6 percent, according to a report in December by Supreme Court Chief Justice John Roberts. Drug crimes made up 28 percent of all federal prosecutions that fiscal year, which ended in September.
Federal prosecutions for marijuana, meanwhile, have fallen as more and more states legalize the plant. The number of defendants in district court on cannabis charges fell by 28 percent in 2019, the report said.
But while the focus of most prosecutors and public health officials is on more dangerous drugs, such as opioids and amphetamines, Trump has routinely attacked marijuana while at the same time pledging to support it.
The president has vowed repeatedly to support legislation that would respect state laws legalizing cannabis, for example, but a newly proposed budget released on Monday would end federal protections for state-legal medical marijuana programs and continue to block Washington, D.C., from legalizing cannabis sales.
The proposal would, however, fund FDA “regulation of cannabis and cannabis derivatives”—an approach that could benefit pharmaceutical companies developing cannabis-based medicines.
Separately, in a recently leaked recording of a 2018 conversation, the president can be heard saying that cannabis use causes people to “lose IQ points,” only to add that banking for the cannabis industry is “all working out. That whole thing is working out.”
In 1990, before running for elected office, Trump famously argued that legalizing drugs worked better than prohibition.
“We’re losing badly the war on drugs,” he said at a Miami Herald luncheon. “You have to legalize drugs to win that war.”
Photo courtesy of Gage Skidmore.
The White House Is Reviewing CBD And Marijuana Research Guidance From FDA
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.
It’s also worth noting FDA’s effort to modernize definition of “healthy” on food labels to help consumers make more informed choices about diets has been under OMB review since August 2019. Will technical and scientific guidance critical to advancing patient care move faster? 2/2
— Scott Gottlieb, MD (@ScottGottliebMD) May 30, 2020
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.
Photo by Kimzy Nanney.
Marijuana Legalization And The Fight For Racial Justice (Op-Ed)
“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.
Will marijuana reform end racism? No. Can it be a part of reforming a broken & racist system? Yes.
It is important for those of us not from marginalized communities to truly listen to those who are facing this oppression & support them in this struggle.https://t.co/9fesgBY7Pc
— NORML (@NORML) June 2, 2020
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.
Two-Thirds Of Arizona Voters Support Marijuana Legalization Ballot Measure, Poll Shows
If Arizona marijuana activists succeed in placing a legalization initiative before voters this November, it will likely pass by a wide margin, according to a new poll.
In a survey of likely voters, about two-thirds (65.5 percent) of respondents said they would support the proposed measure, the Smart and Safe Arizona Act. That’s a notable shift since residents were surveyed late last year in a poll that showed 54 percent in favor of the policy change.
The survey described the legalization initiative, which would make it legal for adults 21 and older to purchase and possess cannabis and also impose taxes on legal sales, and asked 400 respondents if they would vote yes or no on the proposal
NEW POLL shows 65% of #Arizona voters are likely to vote Yes to legalize the sale, possession, and consumption of one ounce of #marijuana for adults at least 21 years old. READ MORE 👉🏼https://t.co/hTO0L60CRT pic.twitter.com/TygihYdxso
— HighGround, Inc. (@azhighground) June 1, 2020
Forty-seven percent said they would “definitely” back it and 18.5 percent said they “probably” would. Nineteen percent said they “definitely” would not vote for it, while six percent said they “probably” wouldn’t.
The campaign behind the initiative, Smart and Safe Arizona, said in April that it had collected enough raw signatures to qualify for the ballot. However, those haven’t been verified by the state yet and the group said it plans to continue petitioning to ensure success. Stacy Pearson, campaign manager for the organization, told Marijuana Moment on Tuesday that they’re “on track to turn in more than 400,000 signatures by the July 2 deadline.”
“The HighGround poll is encouraging and tracks with what our internal polling shows—Arizonans are ready to legalize marijuana,” she said. “Particularly in this economic environment, new jobs and tax revenue are important to voters.”
Activists asked the state Supreme Court to allow electronic signature gathering given challenges presented by the coronavirus pandemic, but that request was rejected.
In the poll, which was conducted from May 18-22, the only group that appears divided on the issue are those who identify as “very conservative.” They were evenly split—47.6-47.6 percent—on whether or not they’d vote in favor of legalization. All other demographics were solidly in favor of the proposal.
“As long as Smart and Safe Arizona can qualify for the ballot, all signs point to 2020 being the year that recreational marijuana finally becomes legal in Arizona,” Paul Bentz, senior vice president of research and strategy at HighGround, said in a press release. “Of course, there is still strong opposition among some of those who represent the most conservative segments of the electorate. We should expect a legal challenge coming from that audience because at this point, that’s the likely the only way they can defeat this issue.”
Under the measure, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
The initiative also contains several restorative justice provisions such as allowing individuals with prior marijuana convictions to petition the courts for expungements and establishing a social equity ownership program
Cannabis sales would be taxed at 16 percent. Tax revenue would cover implementation costs and then would be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.
The Department of Health Services would be responsible for regulating the program and issuing cannabis business licenses. It would also be tasked with deciding on whether to expand the program to allow for delivery services.
A 2016 legalization proposal was rejected by Arizona voters. But in the four years since, more states have opted to legalize and public opinion has continued to shift in favor of reform.
“Clearly, the initiative backers have learned from the mistakes of the past and have done everything they can to put together a more palatable proposal,” Bentz said. “In particular, they were wise to make this proposition more ‘family friendly’ by banning smoking in public and ensuring products cannot resemble children’s candy. Ultimately, that’s likely what got them over the hump with a majority of Republicans.”
Photo courtesy of Brian Shamblen.