Tuesday’s primary elections brought in a wave of Democratic gubernatorial candidates who’ve endorsed marijuana legalization—from Maryland to Colorado.
Here’s a breakdown of where the gubernatorial primary winners stand on cannabis.
Democratic winner: Ben Jealous, former NAACP president
Jealous campaigned as a progressive, pro-legalization candidate for governor, earning him the endorsements of Sen. Bernie Sanders (I-VT) and Kamala Harris (D-CA), among others. He spoke to Marijuana Moment earlier this month about how comedian Dave Chappelle first put the idea of legalization in his head—and how his stance on cannabis reform further evolved after studying racial disparities in marijuana enforcement as well as the economic potential of full legalization. Jealous told Marijuana Moment that, if elected governor, he would use tax revenue from a legal cannabis retail system to fund universal pre-k education throughout Maryland.
To end the era of mass incarceration, we need to finally legalize marijuana for adult use.
It’s time that we confront the racial and economic injustices that result from disproportionate enforcement and make our communities safer at the same time.https://t.co/wH52pNcmj9
— Ben Jealous for Governor (MD) (@BenJealous) June 12, 2018
“We know that we have to end mass incarceration—and yet go further,” he said. “We have to really get back to opening up the gates of opportunity for all of our children. And by legalizing cannabis, we get to make progress on both fronts.”
Every single Democratic gubernatorial candidate in Maryland backed legalization during the primary, The Baltimore Sun reported, but Jealous seemed to focus on it more than most other major contenders.
Republican winner: Larry Hogan, incumbent governor
Hogan hasn’t taken an official stance on full marijuana legalization and, notably, declined to respond to a question about whether he felt voters should be entrusted to make that decision as part of a state referendum last year.
Just ahead of the primary election this week, however, Hogan said that “[a]t this point, I think it’s worth taking a look at” in reference to full legalization.
“I was for medical cannabis. I want to make sure we’re off to the right start and we look at every aspect of the issue.”
The governor signed a bill last month that expanded Maryland’s medical marijuana program. The legislation called for increased licenses for cannabis processors and growers; it was also designed to resolve the lack of diversity among individuals and businesses that receive these licenses.
Democratic winner: Jared Polis, U.S. representative
The sitting congressman has made a concerted effort to distinguish his support for marijuana reform from his competitors as well as the state’s incumbent Democratic governor, John Hickenlooper. He emphasized the need to protect the state’s recreational cannabis program from federal interference in an interview with Marijuana Moment, saying that, as governor, he “would make sure that we would not cooperate from the state-level and that state law enforcement resources were not used and information was not shared with any federal agent going after a legal, constitutionally protected Colorado activity.”
Polis, who has consistently championed cannabis bills and amendments in Congress, also vowed to approve legislation that would facilitate investments in the state’s marijuana program and expand the list of conditions that qualify patients for medical cannabis to include those on the autism spectrum—measures that Hickenlooper recently vetoed, much to the chagrin of legalization advocates.
The nominee has argued that the state’s regulated marijuana program provides valuable economic resources and that cannabis may serve as a viable alternative to dangerous and addictive opioids for pain patients.
Alternative pain management such as medical marijuana can be a bigger part of combating the opioid epidemic. A recent study found that states with medical marijuana have a 23% lower opioid dependency and abuse rate.https://t.co/C23BCJRFBO
— Polis for Colorado (@PolisForCO) April 29, 2018
Pro-legalization advocacy group, NORML endorsed Polis in May.
“The results from the Democratic Gubernatorial Primary are not just a victory for Jared Polis and supporters of sensible marijuana policy, they are a victory for anyone who believes that our prohibition on marijuana was a failure and that states should be free to set their own policies when it comes to cannabis, free from federal incursion,” NORML PAC executive director Erik Altieri said in a press release on Tuesday.
“Jared Polis has been the preeminent champion for ending our nation’s failed federal prohibition on marijuana while in Congress and an unrelenting force in standing up for Colorado’s legalization and medical marijuana laws. Just as he has always stood and fought by our side against federal prohibition, we will continue to fight for Jared Polis until he takes his rightful place in the governor’s mansion.”
Republican winner: Walker Stapleton, Colorado treasurer
Stapleton hasn’t gone on the record fully embracing the state’s recreational marijuana program, but he stood out among his Republican gubernatorial competition by disagreeing with the notion of advancing an agenda to repeal Colorado’s legal marijuana law, Amendment 64. He’s also acknowledged marijuana’s medical benefits.
“There have been a lot of unintended consequences that have come with legalization of marijuana,” Stapleton told Westword. “I don’t think a repeal is a realistic option, so as governor, I will work with the industry and stakeholder groups to make this work.”
“We need to have better guardrails in place to keep it out of the hands of children and to address some of the unintended consequences we have seen develop,” he said.
Democratic winner: Drew Edmondson, former Oklahoma attorney general
The former state attorney general said that he supported earlier legislation that reduced criminal penalties for marijuana possession and said he would also support State Question 788—an initiative to legalize medical marijuana in Oklahoma that passed on Tuesday.
I’m voting yes on 788. We can see how rec plays out in other states.
— Drew Edmondson (@DrewForOklahoma) May 3, 2018
However, Edmondson stopped short of embracing full legalization. He told Tulsa World that he believes “it is too early for full legalization in Oklahoma, but we do have the benefit of observing the long-term effects in Colorado and other states.”
Republican winner: Mick Cornett, Oklahoma City mayor
Cornett hasn’t said much about his personal views about marijuana reform on the record, but a spokesperson for the mayor told The Associated Press that “[o]ne of the strengths of Oklahomans is their willingness to help people,” in reference to a bill to legalize medical cannabis in the state, which passed on Tuesday.
“If this ballot measure can help Oklahomans, it is likely to pass.”
Cornett’s Republican competitor, Oklahoma Lt. Gov. Todd Lamb, was decidedly opposed to the legalization initiative, arguing that it was “poorly written and will create a host of societal problems.”
Republican winner: Henry McMaster, incumbent governor
Last year, McMaster, who won a runoff election on Tuesday night, said flatly that he believed it was “a bad idea to legalize marijuana” and that he doesn’t “think it’s healthy.”
— ABC Columbia (@abc_columbia) February 17, 2017
It was unclear whether the governor was describing his stance on full, adult-use legalization or if he considered medical cannabis reform an exception, however.
South Carolina Rep. James Smith (D), who became the Democratic gubernatorial primary nominee earlier this month, said he supported medical cannabis and co-sponsored a piece of legislation to legalize a medical program.
I am for medical cannabis and a co-sponsor along with @MPowersNorrell for the Compassionate Care Act.
— James Smith (@JamesSmithSC) June 5, 2018
Photo courtesy of Democracy Chronicles.
Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer
“These aren’t just numbers and there are families attached.”
By Ned Oliver, Virginia Mercury
Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.
The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.
Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.
The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.
Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.
The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.
“As of right now, the process is proceeding,” he said.
The Virginia Joint Commission on Cannabis Oversight is meeting now. You can find the agenda and links to livestream and to provide public comment at https://t.co/f1wsPn7SV7
— Jennifer McClellan (@JennMcClellanVA) October 14, 2021
Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.
Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.
They said it remains unknown how many more are being held because of marijuana related probation violations.
“These aren’t just numbers and there are families attached,” Burger said.
DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone
The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.
In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.
DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.
It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.
LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.
Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.
Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:
For all other THC, psilocybin, psilocyn and MDMA:
And for other psychedelic substances like LSD, mescaline and DMT:
DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.
“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.
“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”
Here are the exact numbers for the proposed 2021 and 2022 quotas:
|All other tetrahydrocannabinol||1,000||2,000|
A 30-day public comment period will be open after the notice is formally published on Monday.
It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.
National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Image element courtesy of Kristie Gianopulos.
Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred
The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.
The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.
Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.
Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.
But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.
Disappointed but not surprised U.S. Supreme Court declined to hear our case. We’re pursuing our claims in federal court. As that litigation proceeds, Biden administration will have to take a position, which it avoided by waiving its right to respond to our Supreme Court petition.
— Safehouse (@SafehousePhilly) October 13, 2021
“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”
That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.
“If they don’t respond, they lose,” Goldfein said.
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.