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.
Congressman Files New Marijuana Banking Reform Amendment To Large-Scale House Bill
The House sponsor of a bill to protect banks that work with state-legal marijuana businesses announced on Friday that he is seeking to attach an amendment containing the reform to a broader bill dealing with research and innovation in the tech and manufacturing sectors.
Rep. Ed Perlmutter (D-CO), sponsor of the Secure and Fair Enforcement (SAFE) Banking Act, has expressed interest in finding another vehicle to pursue his proposal after it was stripped from a separate defense bill late last year. The congressman’s legislation has cleared the House in five forms at this point, only to stall in the Senate.
His latest attempt to get the reform enacted is by filing an amendment with the SAFE Banking language to the America COMPETES Act, which does not deal specifically with cannabis issues as drafted but was introduced in the House this week.
“Cannabis-related businesses—big and small—and their employees are in desperate need of access to the banking system and access to capital in order to operate in an efficient, safe manner and compete in the growing global cannabis marketplace,” Perlmutter, who is retiring from Congress after this session and committed to passing his bill first, said in a press release.
I have filed #SAFEBanking as an amendment to #AmericaCOMPETES b/c cannabis-related businesses – big and small – are in desperate need of access to capital & the banking system in order to operate in an efficient, safe manner & compete in the growing global cannabis marketplace.
— Rep. Ed Perlmutter (@RepPerlmutter) January 28, 2022
“The SAFE Banking Act is the best opportunity to enact some type of federal cannabis reform this year and will serve as the first of many steps to help ensure cannabis businesses are treated the same as any other legal, legitimate business,” he said. “I will continue to pursue every possible avenue to get SAFE Banking over the finish line and signed into law.”
It remains to be seen whether the America COMPETES Act will serve as a more effective vehicle for the cannabis banking bill than the National Defense Authorization Act (NDAA), where the language was successfully attached on the House side but later removed amid bicameral negotiations. Perlmutter said at the time that Senate leadership, which is working on comprehensive legalization legislation, was to blame for the decision to remove his amendment from the proposal.
The new SAFE Banking Act amendment will still need to be made in order by the House Rules Committee in order to be formally be considered on the House floor when the body takes up the research and innovation package. The deadline to file amendments was Friday, and the panel is set to take them up starting on Tuesday.
Even some Republicans are scratching their heads about how Democrats have so far failed to pass the modest banking reform with majorities in both chambers and control of the White House. For example, Rep. Rand Paul (R-KY) criticized his Democratic colleagues over the issue last month.
In the interim, federal financial regulator Rodney Hood—a board member and former chairman of the federal National Credit Union Administration (NCUA)—recently said that marijuana legalization is not a question of “if” but “when,” and he’s again offering advice on how to navigate the federal-state conflict that has left many banks reluctant to work with cannabis businesses.
Ohio Lawmakers Will Be Forced To Consider Marijuana Legalization As State Validates Activist Signatures
Ohio activists have collected enough signatures to force the legislature to take up the issue of marijuana legalization, the secretary of state’s office confirmed on Friday.
This comes about two weeks after the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) submitted a final round of signatures for the measure. The petitions’ formal validation triggers the legislative review of legalization, but it does not require lawmakers to enact the reform.
The legislature now has four months to consider the campaign’s cannabis reform proposal. Lawmakers can adopt the measure, reject it or pass an amended version. If they do not pass the measure, organizers can then collect an additional 132,887 valid signatures from registered voters to place the issue on the ballot in November.
CTRMLA previously submitted petitions for the initiative but the state said they were short some 13,000 signatures, requiring activists to go back and make up the difference.
“We are ready and eager to work with Ohio legislators over the next four months to legalize the adult use of marijuana in Ohio,” CTRMLA spokesman Tom Haren said in a press release. “We are also fully prepared to collect additional signatures and take this issue directly to voters on November 8, 2022, if legislators fail to act.”
The measure that lawmakers will be required to consider would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).
A Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”
The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of enactment.
The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.
Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.
Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”
With respect to social equity, some advocate are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, it does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.
Ohio voters rejected a 2015 legalization initiative that faced criticism from many reform advocates because of an oligopolistic model that would’ve granted exclusive control over cannabis production to the very funders who paid to put the measure on the ballot.
Activists suspended a campaign to place another measure on the 2020 ballot due to the coronavirus pandemic.
Aside from the new voter initiative, state lawmakers from both parties are separately working to advance marijuana reform.
A legalization bill that was the first of its kind to be introduced in the Ohio legislature last year would legalize the possession, sale and cultivation of cannabis by adults. It’s being championed by Reps. Casey Weinstein (D) and Terrence Upchurch (D).
A pair of Ohio Republican lawmakers similarly filed a bill to legalize marijuana in the state in December. Reps. Jamie Callender (R) and Ron Ferguson (R) first announced their plan to push the legislative reform proposal in October and circulated a co-sponsorship memo to build support for the measure.
There are also additional local reform efforts underway in Ohio for 2022.
After voters in seven cities approved ballot measures to decriminalize marijuana possession during last November’s election—which builds on a slew of previous local reforms in the state—campaigns are now looking to enact decriminalization in Marietta, Rushville, Rutland, Shawnee, McArthur and Laurelville.
Ohio marijuana activists already successfully proved that they turned in enough valid signatures to put a local decriminalization initiative before Kent voters after having missed the 2021 ballot due to a verification error on the part of county officials. That measure is now expected to go before voters this November.
Top Federal Drug Official Says Marijuana Use ‘Stable’ Among Youth At Prohibitionist-Hosted Panel Sponsored By D.A.R.E.
A top federal drug official participated in a panel hosted by a prohibitionist group and sponsored by D.A.R.E.—and she again reiterated that data shows youth marijuana use has remained stable “despite the legalization in many states.”
While National Institute on Drug Abuse (NIDA) Director Nora Volkow expressed concerns about certain cannabis trends related to potency, commercialization and use by pregnant women, she affirmed that surveys funded by her own federal agency have demonstrated that adolescent marijuana use is “stable,” despite repeated arguments from prohibitionists that legalization would lead more young people to experiment with cannabis.
The event was hosted by Smart Approaches to Marijuana (SAM), an anti-legalization group. SAM President Kevin Sabet and the organization’s co-founder former Rep. Patrick Kennedy (D-RI) led the discussion.
“The higher the content of THC, the greater the likelihood that you will become addicted to the drug… The content of THC has gone up at least 4-fold.”
– Dr. Nora Volkow, M.D., Director of the National Institute on Drug Abuse (NIDA)
— SAM (@learnaboutsam) January 28, 2022
Sabet said that data on youth use has showed varying results in states that have legalized cannabis and asked Volkow to weigh in on the issue. She replied that federal data “have not been able to see large differences in terms of prevalence” of cannabis consumption among young people in legal and non-legal states.
The official made similar comments in an interview with Marijuana Moment late last year.
That said, Volkow said that they have seen some differences when it comes to consumption rates among adolescents for edible cannabis products.
“But the effects are not large, and one of the things that also certainly surprised me [is] the rate overall, the prevalence rates of marijuana use among teenagers, have been stable despite the legalization in many states,” she said, adding that there are some concerns about increased frequency of use and limitations in data collection with respect to dosages being taken.
Volkow also commented on a recent federally funded survey that found illicit drug use by young people has taken a significant plunge in the last year, though she largely attributed that to the reduced social interaction resulting from COVID-19 policies across the country.
“Interestingly what we’ve observed during the COVID pandemic is, across schools in the United States, the prevalence of drug use has gone down,” she said, “which likely very much reflects the fact that kids don’t have the opportunity to interact with others, and drug taking at that stage is a peer pressure behavior.”
The official also briefly addressed the fact that she feels criminalizing people over drugs in the first place is the wrong policy approach—a point she’s made repeatedly in interviews and blog posts.
She said that “criminalization has created a system for that allows a structural racism to be implemented, you can control people, and that’s a horrible policy. This criminalization actually opens up our eyes that well, yes, we need to change that.”
However, she said that “liberalizing and making the drugs widely available, with no counter messaging,” is not the alternative she would recommend.
“We need to provide them [addicts] with treatment, so just to say ok we are going to liberalize everything… and not support treatment for those people under those conditions, I actually think it is quite irresponsible.”
– Dr. Nora Volkow, M.D., Director of NIDA
— SAM (@learnaboutsam) January 28, 2022
While the SAM-hosted event did not touch specifically on psychedelics policy, Volkow has also recently discussed that issues, especially as data has shown an increase in use of the substances among adults.
She said people are going to keep using substances such as psilocybin—especially as the reform movement expands and there’s increased attention being drawn to the potential therapeutic benefits—and so researchers and regulators will need to keep up.
Volkow also mentioned that NIDA is “pleased” the Drug Enforcement Administration recently announced plans to significantly increase the quota of certain psychedelic drugs to be produced for use in research.
Photo courtesy of Philip Steffan.