U.S. Sens. Elizabeth Warren (D-MA) and Cory Gardner (R-CO) held a press conference on Thursday to discuss a far-reaching bill they are filing to end the federal war on marijuana.
The move comes after Gardner cut a deal with President Trump to support such legislation in exchange for the senator ending a blockade on Justice Department nominees he began in protest of U.S. Attorney General Jeff Sessions’s decision earlier this year to rescind Obama-era guidance generally protecting state cannabis laws.
Watch Warren and Gardner discuss their marijuana bill below:
The draft bill, details of which Marijuana Moment first reported last month, would amend the federal Controlled Substances Act to exempt state-legal marijuana activity from its provisions.
The Strengthening the Tenth Amendment Entrusting States (STATES) Act would also protect banks that work with legal cannabis businesses and legalize industrial hemp. It has seven initial cosponsors.
Gardner said at the press conference that he spoke to President Trump about marijuana on Thursday morning and that he remains supportive of an approach that respects state laws.
“We can’t go backwards. We can only go forwards,” the president said, according to Gardner.
Warren told the Boston Globe that Senate Majority Leader Mitch McConnell (R-KY) “has pledged to allow a vote on the bill.”
She added that that it was Sessions’s move to rescind the Obama-era guidance that spurred lawmakers to work across the aisle to find a solution to enact statutory protections for local cannabis policies.
“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” Warren said in a press release. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations – and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”
“In 2012, Coloradans legalized marijuana at the ballot box and the state created an apparatus to regulate the legal marijuana industry. But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government,” Gardner added. “The federal government is closing its eyes and plugging its ears while 46 states have acted. The bipartisan STATES Act fixes this problem once and for all by taking a states’ rights approach to the legal marijuana question. The bipartisan, commonsense bill ensures the federal government will respect the will of the voters – whether that is legalization or prohibition – and not interfere in any states’ legal marijuana industry.”
Our bill does not legalize marijuana. Instead, it allows the principle of federalism to prevail as the founding fathers intended and leaves the marijuana question up to the states. Learn more here: https://t.co/gRckNUKSic
— Cory Gardner (@SenCoryGardner) June 7, 2018
Companion legislation is also being filed in the House by Congressman David Joyce (R-OH) and Congressman Earl Blumenauer (D-OR), along with 14 other cosponsors.
“We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations and requirements for the use, production, and sale of cannabis,” Joyce said in a press release. “If the people of these states have decided to provide help for those veterans and others suffering from pain and other health issues, we should allow them access without government interference.”
We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations & requirements for the use, production, & sale of cannabis. Proud to introduce the STATES Act with Rep. Blumenauer @CoryGardner @SenWarren https://t.co/t5eKgVuQzq
— Dave Joyce (@RepDaveJoyce) June 7, 2018
“For too long the senseless prohibition of marijuana has devastated communities, disproportionately impacting poor Americans and communities of color. Not to mention, it’s also wasted resources and stifled critical medical research,” Blumenauer argued. “It’s past time to put the power back in the hands of the people. Congress must right this wrong.”
For far too long, lives & resources have been wasted because of the failed War on Drugs. Congress must right this wrong & end marijuana prohibition. Proud to have been part of this effort. https://t.co/UDKI0piZp9
— Earl Blumenauer (@repblumenauer) June 7, 2018
In a news advisory, Warren’s office said the legislation will “ensure that each state has the right to determine for itself the best approach to marijuana within its borders.” It also “extends these protections to Washington D.C., U.S. territories, and federally recognized tribes, and contains common-sense guardrails to ensure that states, territories, and tribes regulating marijuana do so safely.”
Earlier on Thursday, Warren and Gardner discussed their cannabis bill in an appearances on MSNBC and Fox News.
— Fox News (@FoxNews) June 7, 2018
— Fox News (@FoxNews) June 7, 2018
By outlawing marijuana, the federal government puts communities of color, small businesses, & public health & safety at risk. My new bill with @SenCoryGardner will let states, territories, & tribes decide for themselves how to regulate marijuana – without federal interference.
— Elizabeth Warren (@SenWarren) June 7, 2018
No veteran with chronic pain, child with a rare disease, or person struggling with a terminal illness should be denied the treatment they need. Millions of Americans currently access medical marijuana under state law. My new bill with @SenCoryGardner will help protect them.
— Elizabeth Warren (@SenWarren) June 7, 2018
No qualified scientist should have to struggle to conduct basic research on marijuana. Their findings could spur medical advances or counter the opioid epidemic. I'm introducing a new bill with @SenCoryGardner that could make it easier to study marijuana’s medical uses.
— Elizabeth Warren (@SenWarren) June 7, 2018
A majority of Americans support legalizing marijuana. It’s time for Congress to listen, and pass this new bipartisan legislation. https://t.co/sljqUoMlCN
— Elizabeth Warren (@SenWarren) June 7, 2018
“Thanks to the leadership of Senators Gardner and Warren, the movement to end the federal government’s failed policy of cannabis criminalization has truly become a bipartisan effort,” Justin Strekal, political director for NORML, said in an interview. “Given that a majority of states now regulate marijuana use and six out of ten voters endorse legalizing the plant’s use by adults, it is time that members of Congress take action to comport federal law with majority public opinion and the plant’s rapidly changing legal and cultural status. U.S. Attorney General Jeff Sessions must be restrained from having the ability to infringe on the rights of states that have successfully implemented marijuana legalization, be it for medical or responsible adult use.”
It is unclear if or when the new legislation will be voted on, but the development adds to significant momentum for cannabis reform on Capitol Hill and in states in recent weeks.
U.S. Senate Majority Leader Mitch McConnell (R-KY) filed a bill to legalize industrial hemp and fast-tracked it on the calendar, skipping the committee process, and said he intends to attach the language to the larger Farm Bill.
Minority Leader Chuck Schumer (D-NY) said he would soon introduce legislation to remove marijuana from the Controlled Substances Act and has pledged to support McConnell’s hemp bill.
Activists collected enough signatures to place marijuana measures on November ballots in Michigan and Utah, and advocates in Missouri filed signatures to qualify cannabis questions as well. Oklahoma voters will consider a medical marijuana initiative this month.
See the full text of the new bill below:
And here’s a one-pager explaining the bill’s provisions:
Photo courtesy of Edward Kimmel.
Colorado Governor Touts Marijuana Legalization’s Benefits
After the 2012 election, which saw Colorado become the first state to legalize marijuana, Gov. John Hickenlooper (D) said he probably would have reversed the vote if he had a magic wand.
But with the perspective of a few years post-legalization, today he says he’d put that wand “back in the drawer.”
“I’m not quite there to say this is a great success, but the old system was awful,” Hickenlooper said at a forum hosted by the Economic Club of Chicago on Wednesday.
What’s more, “the things that we most feared—a spike in teenage consumption, a spike in overall consumption, people driving while high—we haven’t seen them,” he said.
“We had a little increase in teenage consumption, but then it went down. We do think that some of the teenage consumers are using it a little more frequently than they were five years ago before legalization. We have in many ways seen no demographic where there’s an increase in consumption, with one exception: senior citizens. I leave you to draw your own conclusions.”
Hickenlooper, who’s been floated as a potential 2020 presidential candidate, described the challenges his administration faced when Colorado voters approved an adult-use legalization measure. Elected officials and advisors were opposed to it, he said, and plus, “it’s no fun to be in conflict with federal law.”
But he pushed forward with implementation, recruiting the “smartest people” he could find to figure out the best approach to regulation and taxation. And Illinois, which recently elected pro-legalization J.B. Pritzker for governor, will likely be better off if they pursue reform because they can learn from the successes and failures of Colorado’s system, Hickenlooper said.
“Ultimately, I haven’t come to a final conclusion yet, but I think it’s looking like this is going to be—for all of the flaws and challenges we have—a better system than what we had. You guys are going to benefit, I think, having let us make a bunch of the mistakes and deal with it, I think you’re going to be able to have a much better system if indeed that is the direction that the state wants to go.”
Asked what advice he’d give to Pritzker if Illinois does elect to fully legalize cannabis, Hickenlooper offered three tips: 1) don’t overtax marijuana, or else the illicit marketplace will persist, 2) get data from law enforcement on the presence of cannabis metabolites in the blood after highway fatalities to establish “good baselines” for comparison and 3) set limits on THC concentrations in edibles.
“What they’re selling now, they tell me it’s 10-to-12 times more intense than what allegedly I smoked in high school,” Hickenlooper said, pausing before conceding, “I smoked pot in high school and I inhaled, but it was a fraction of the intensity of what these kids are getting now.”
Photo courtesy of YouTube/Economic Club of Chicago.
The DEA Just Got Scolded Over Its Marijuana Eradication Program
The Drug Enforcement Administration (DEA) got a slap on the wrist from a federal watchdog agency over its management of a multi-million dollar marijuana eradication program.
In a report released on Wednesday, the non-partisan Government Accountability Office (GAO) said the DEA had failed to adequately collect documentation from state and local law enforcement partners that received funds through the federal program. And that lapse could prevent the agency from being able to accurately assess “program performance.”
What’s more, the DEA “has not clearly documented all of its program goals or developed performance measures to assess progress toward those goals,” according to the report.
In other words, the agency expends about $17 million in funds to partners across the U.S. each year to help them get rid of illegal cannabis grows. That includes fully legal states like California, where enforcement efforts are generally limited to public lands—namely national forests. But due to inadequate record keeping, the DEA doesn’t really know if that money is serving its purpose.
To fix the problems, the GAO issued four recommendations:
1. The DEA Administrator should develop and implement a plan with specific actions and time frames to ensure that regional contractors are implementing DEA’s requirement for collecting documentation supporting participating agencies’ Domestic Cannabis Eradication And Suppression Program (DCE/SP) program expenditures in the intended manner.
2. The DEA Administrator should clarify DCE/SP guidance on the eradication and suppression activities that participating agencies are required to report, and communicate it to participating agencies and DEA officials responsible for implementing DCE/SP.
3. The DEA Administrator should clearly document all DCE/SP program goals.
4. The DEA Administrator should develop DCE/SP performance measures with baselines, targets, and linkage to program goals.
The DEA was able to review a draft of the GAO report ahead of its release and, in an October 17 letter, a Justice Department official said the agency concurred with all four of the recommendations and would take steps to address them.
You can listen to a podcast about the GAO report here:
Just because it’s the DEA’s program doesn’t mean it’s the only agency dropping the ball on marijuana eradication efforts. In April, a report from the inspector general for the U.S. Department of Agriculture found that agents weren’t adequately cleaning up public lands after cannabis busts, which can pose threats to humans, animals and the environment.
Photo courtesy of Chris Wallis // Side Pocket Images.
Here’s How Much Legal Marijuana Supporters And Opponents Spent Per Vote In Last Week’s Election
Political committees concerned with marijuana law reform in four states have waged an information war over the past year, first to qualify cannabis initiatives for the ballot, and then to support or oppose those measures in the lead-up to last week’s midterm elections. In total, over $12.9 million in cash and in-kind services was spent attempting to convince voters about these marijuana ballot measures.
Now that voters have had their say, Marijuana Moment decided to calculate how much each “yes” and “no” vote cost the committees on either side of the debate. Our calculations are based on dollars raised and disclosed before the election, since final totals of actual expenditures won’t be available until December or January reports required in the states that voted on cannabis.
In Michigan, where voters approved marijuana legalization, our calculations show that the two anti-legalization committees spent about $1.28 per “no” vote, as they raised $2.37 million for the 1.85 million votes against the measure. The proponents spent 19 percent more per vote, or $1.52 for each of 2.35 million “yes” votes.
In Missouri, three separate medical cannabis initiatives competed in the run-up to Election Day, resulting in the highest funding levels of the four states we looked at. There, committees raised a total of $5.4 million dollars to influence voters. Across all the committees, the average cost per “yes” vote was $1.82.
Amendment 3, which was supported by Find the Cures PAC, spent $2.91 for each of its 747,977 votes. Proposition C, supported by Missourians for Patient Care, spent $1.44 for each of its 1.03 million votes. New Approach Missouri, which supported winning Amendment 2, which garnered the support of 1.57 million voters, spent the least, at $1.10 per vote. Only Amendment 2 received a majority and was approved.
Given that there were three competing measures on the ballot, vote costs cannot be parsed in the same binary “yes” or “no” on marijuana reform that is possible for initiatives in the other states. A “no” vote for one measure in Missouri was often paired with a “yes” vote for another.
In North Dakota, there were many fewer votes cast on the state’s marijuana legalization initiative as compared to cannabis measure elsewhere, a total of 324,550. The two committees that opposed Measure 3 heavily outspent the pro-reform committees, to the tune of $629,648 to $94,308. With 131,585 people voting for the initiative, the cost per “yes” vote was 72 cents. On the opposing side, winning came at a high price: Each “no” vote cost four and a half times as much, or $3.26, the most costly per-vote expense on a marijuana ballot measure in the nation this year.
In Utah, a relatively state where proponents of medical cannabis measure Proposition 2 were narrowly outspent by opponents, the cost per vote was higher. Votes are still being counted more than a week after Election Day, but preliminary vote totals show opponents spent $908,464, or $1.99 for each of the 455,879 votes against the initiative. The prevailing “yes” committees spent $831,471 for 493,060 votes, or $1.69 each. About 8 percent of precincts are yet to be counted, so both of these figures will decrease as more votes are added to both the support and opposition tallies.
Overall in the three states that had a straight up-or-down vote (Michigan, Utah and North Dakota), the average cost per “no” vote was slightly more than each “yes” vote, with prohibitionist committees spending an average of $1.56 for each “no” vote, versus $1.51 spent on average for each “yes” votes. It should be noted that those costs include millions of dollars in in-kind services. In Michigan, for example, The Coalition to Regulate Cannabis like Alcohol reported $706,900 in in-kind services, or 23 percent of their total fundraising.
Looked at another way, the average per state cost (rather than total votes average) for “yes” votes was $1.31 while “no” votes cost 67 percent more: $2.18. And with the total number of “yes” votes in those states outnumbering “no” votes by 19 percent, it would seem that in the state-by-state marijuana legalization battle, you don’t always get what you pay for.