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“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” Warren said in a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.
California Gov. Jerry Brown Keeps Saying Mean Things About Marijuana Consumers
During his two stints as California governor—between 1975 and 1983, and 2011 and next January, when he is termed out and may finally retire from almost 50 years of public life—Jerry Brown has become known for several character traits.
He is frugal, to the point of parsimony. He is attentive to issues that are way out there. He is concerned about climate change. And he cannot stop making negative, non-germane non sequiturs about marijuana, his state’s biggest cash crop.
In 2014, he suggested that neither California nor the United States could be a great economic power if marijuana was legalized, thanks to the shiftiness of “the potheads.”
“The world’s pretty dangerous, very competitive,” he said during an appearance on NBC’s Meet The Press. “I think we need to stay alert, if not 24 hours a day, more than some of the potheads might be able to put together.”
Giving his reasoning why he opposed marijuana legalization, he mused, “how many people can get stoned and still have a great state or a great nation?”
Now, in a New York Times profile published on Tuesday, while speaking on the subject of climate change, Brown reached deep into his pocket for a very off-topic cannabis-themed barb.
“We either do nothing and smoke marijuana because it’s legalized, or we put our shoulder to the plow and do everything we can,” he told the paper on a recent afternoon (one of 23 interviews he gave that same day, according to the Times). “I don’t know if I’m an optimist. I’m a realist.”
Links between recreational marijuana use and some vague “dumbing-down” of the populace are unfounded, and are reminiscent of the spurious, race-baiting tactics employed by former drug czar Harry Anslinger.
The source of Brown’s opprobrium towards marijuana is not immediately clear.
Before his election in 2010, Brown offered laconic yet incoherent reasoning for his adamant anti-legalization stance.
“You know, the number one drug on the street is marijuana. The cartels are increasingly taking over. This is a serious problem,” he told an interviewer with GQ.
(At the time, California had a thriving medical cannabis industry. Legalized marijuana was later found to compel drug-traffickers to exit trade in the drug and seek other forms of income.)
“I think it’s more prudent for California not to embrace a legalization strategy,” he added. “I don’t think fostering chemicals is a smart move.”
He declined to engage with the interviewer when asked if he’d support a policy of prohibiting alcohol.
Brown’s stance puts the 80-year-old at odds with most of his fellow California Democrats—chief among whom must be Lt. Gov. Gavin Newsom.
After opposing marijuana legalization in 2010, Newsom quickly hopped on board the cannabis bandwagon following Colorado and Washington’s votes to end cannabis prohibition in 2012, and was the most prominent political backer of 2016’s Prop. 64, which legalized recreational marijuana in California.
Newsom briefly mounted a bid for California governor a decade ago before he was boxed out by the better-funded and better-prepared elder statesman.
In recent years, Brown did eventually sign into law a package of bills that set up a regulated and taxed commercial cannabis industry in the state. But his outdated Reefer Madness views about people who consume marijuana seem to persist, if this week’s Times interview is any indication.
Photo courtesy of Bob Tilden.
Legalizing Psilocybin Could Be The Next Frontier In Drug Policy Reform After Marijuana
Drug policy reform isn’t likely to end with marijuana legalization—and if you’re wondering what the next step in the broader movement could be, it’s worth looking into psilocybin, the active ingredient in “magic mushrooms.”
Earlier this month, state- and city-level campaigns to change psilocybin laws made small advancements. Organizers in Denver submitted two initiatives to decriminalize the psychedelic compound, which would appear on a citywide ballot in May 2019 if both or either receive enough signatures.
And in Oregon, a measure that would legalize psilocybin-assisted treatment entered the signature gathering stage. That measure would appear on a state ballot in 2020 if the effort succeeds.
“We’re excited to gather signatures in support of establishing a community-based service framework, in which licensed providers, along with licensed producers of psilocybin mushrooms, can blaze new trails in Oregon in accordance with evolving practice standards,” psychotherapist Tom Eckert, who is a chief petitioner for the measure, said in a press release.
Though there’s still a lot of work to do on the marijuana reform front—and advocates haven’t exactly joined arms with the psilocybin movement yet—the efforts share several parallels. For example, both cannabis and psilocybin are federally banned as Schedule I drugs, meaning the government considers them to have a high potential for abuse and to be medically useless.
Research disputes that position for both substances. While an admittedly larger body of research has demonstrated various therapeutic benefits of marijuana, several studies have found compelling evidence that psilocybin can provide relief for individuals suffering from conditions such as depression and addiction—and research is ongoing.
“To be clear, there’s no scientific basis for psilocybin’s continued inclusion on Schedule I,” Angela Bacca, a strategist for the Psilocybin Service Initiative of Oregon, said. “It is imperative we change the law to match the reality and science because people are suffering who could otherwise benefit from this safe and uniquely effective service.”
Neither the Denver nor Oregon measures would create a legal retail system for psilocybin, as has been seen throughout the U.S. for marijuana. And in Denver, organizers submitted two separate decriminalization initiatives in order to test the waters, seeing if there’d be enough support to include cultivation in the language of their primary decriminalization measure.
If that initiative fails, the group Denver for Psilocybin will put their energy toward a similar initiative that simply decriminalizes low-level possession and personal use.
“It’s a natural right. It’s a human right,” Kevin Matthews, campaign director for Denver for Psilocybin, told Westword. “This one is our Hail Mary victory shot.”
Organizers in California recently attempted to get a psilocybin decriminalization initiative on the 2018 ballot, but that effort failed.
Photo courtesy of Wikimedia/Mädi.
Beto O’Rourke Slams Drug War And Police Killing Of Botham Jean At Dallas Event
Rep. Beto O’Rourke (D-TX), who is running for U.S. Senate this year, spoke before an animated crowd at a Baptist church in Dallas on Friday, decrying the war on drugs and calling for the end of marijuana prohibition.
The candidate, who’s made a strong showing in his race against incumbent Sen. Ted Cruz (R-TX), also commented on the recent killing of an unarmed black man, Botham Jean, at the hands of a Texas police officer.
“How can it be in this day and age—in this very year, in this community—that a young man, African American, in his own apartment, is shot and killed by a police officer?” O’Rourke asked. “And when we all want justice and the facts and the information to make an informed decision, what is released to the public? That he had a small amount of marijuana in his kitchen? How can that be just in this country?”
“How can we continue to lose the lives of unarmed black men in the United States of America at the hands of white police officers? That is not justice. That is not us. That can and must change. Are you with me on this?”
The audience responded with a resounding standing ovation.
See O’Rourke’s marijuana and criminal justice comments roughly 31 minutes into his Facebook video below:
O’Rourke spent several minutes outlining how the drug war disproportionately impacts communities of color despite the fact that white people use and sell drugs at roughly the same rate.
“It has kept people out of civic life in this country, it has kept them from their freedoms, it has kept them from democratic life in this country.”
Resolving racially discriminatory drug enforcement efforts starts with ending cannabis prohibition, O’Rourke said, noting that he co-sponsored congressional legislation that would do just that. But importantly, the second step is to expunge “the arrest records for anyone arrested for possession of marijuana so they can get on with their lives, live to their full potential, contribute to their maximum capacity.”
One of the congressman’s most salient points contrasted marijuana policies in Texas and fully legal states like California.
“Let me ask you this: in a country where the majority of the states in the union have already decided to make marijuana legal in one form or another—where people in California and Colorado and the Northwest are getting filthy rich legally selling marijuana today—who is going to be the last African American boy or man to rot behind bars in Texas for something that’s legal in almost every other single part of the country?”
“Let’s lead the way on reforming our drug laws,” O’Rourke said. “Let’s end that war on drugs right now because it’s a war on people.”
Cruz has attempted to frame his opponent’s drug reform stance as dangerous, promoting misleading statements attributed to O’Rourke in campaign ads and arguing that he’d exacerbate the opioid epidemic if elected in November.
With opioids ravaging so many American communities, Congressman Beto O’Rourke's radical resolution to legalize all narcotics—including heroin and other deadly opioids—is looking worse and worse all the time: https://t.co/VdwaYMccMn #TXSen
— Ted Cruz (@tedcruz) May 1, 2018
Which message will ultimately more resonant with Texas voters is yet to be determined—but the race is looking close.
Photo courtesy of Facebook/Beto O’Rourke.