Members of a key congressional committee convened for a first-ever hearing on ending marijuana prohibition on Wednesday, engaging in informed conversations about the issue that largely embraced evidence and avoided resorting to fear mongering, demonstrating a broad consensus that major cannabis reforms are needed.
But there was some disagreement and debate over what reform legislation should look like and the best strategy to advance it.
The meeting of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee marks a significant development in the marijuana reform movement. As advocates suspected in advance, lawmakers seemed to regard the question of whether to reform federal marijuana laws as a given and used the hearing to discuss how to regulate cannabis.
Those issues included social equity in the legal industry, repairing the harms of prohibition and investing in communities that have been disproportionately impacted by the drug war.
“Applying criminal penalties with their attendant collateral consequences for marijuana offenses is unjust and harmful to our society,” Judiciary Committee Chairman Jerrold Nadler (D-NY) said. “The use of marijuna should be viewed instead as an issue of personal choice and public health.”
Watch the hearing, titled “Marijuana Laws in America: Racial Justice and the Need for Reform” below:
While the meeting didn’t largely focus on specific cannabis bills, multiple relevant proposals have been introduced this session—ranging from bipartisan legislation that would simply allow states to set their own marijuana policies to bills that would fully deschedule cannabis and include social equity provisions—and there was some discussion and disagreement raised about certain legislation.
“The war on drugs was racially biased from its inception and has been carried out in a discriminatory fashion with disastrous consequences for hundreds of thousands of people of color and their communities,” Chairwoman Karen Bass (D-CA) said in her opening statement.
Rep. Tom McClintock (R-CA), the acting ranking member of the subcommittee, said that marijuana decriminalization “may be one of the very few issues upon which bipartisan agreement can still be reached in this session” and that it “doesn’t require endorsing cannabis.”
The congressman also argued that Democratic leadership “has decided to play the race card in this hearing” by framing the issue in terms of racial justice and that the “left does enormous harm every time it tries to divide Amerians along racial lines.”
Nadler pushed back against McClintock’s characterization, emphasizing that “marijuana laws had been done in racially disparate manner.”
“To point that out and to seek to cure that is not to inflame racial divisions,” he said. “It’s simply to point out a fact of life and try to cure it.”
“Personally I believe cannabis use in most cases is ill advised,” he said. “But many things are ill advised that should not be illegal but should rather be left to the informed judgement of free men and women.”
— Rep. Barbara Lee (@RepBarbaraLee) July 10, 2019
Malik Burnett, a Johns Hopkins Bloomberg School of Public Health physician and former Washington, D.C. policy manager at the Drug Policy Alliance’s Office of National Affairs, testified at the hearing.
“It is an unmitigated fact that the state of cannabis policy today in best described as a tale of two Americas,” Burnett, who serves as the Chief Operating Officer of the minority owned multi-state cannabis business Tribe Companies, said in his written testimony. “In one America there are men and women, most of them wealthy, white and well connected, who are starting cannabis companies, creating jobs and amassing significant personal wealth, and generating billions in tax dollars for the states which sanction cannabis programs.”
“In the other America, there are men and women, most of them poor, people of color, who are arrested and suffer the collateral consequences associated with criminal conviction,” he said. “Drug policy in America is, and has always been, a policy that is based on racial and social control.”
Baltimore State’s Attorney Marilyn Mosby also appeared before the panel. Her office announced in January that her office would no longer prosecute cannabis possession cases.
“The test of time has provided us with ample data that there is little public safety value related to the current enforcement of marijuana laws,” Mosby said in written testimony. “The data indicates that the disparate enforcement of marijuana laws and overall drug laws not only intensifies already existing racial disparities in the criminal justice system, but exacerbates distrust among communities and law enforcement without increasing overall public safety.”
Today, during a congressional hearing on marijuana reform, @MARILYNMOSBYesq provided testimony on the need for federal decriminalization of marijuana, the need for reform specific to marijuana enforcement, and for the necessity for 2nd chances for individuals with drug offenses. pic.twitter.com/QYLOXCvMDw
— Baltimore SAO (@BaltimoreSAO) July 10, 2019
To “right the past wrongs” of failed “war on drugs” policies, SA Mosby suggested congress remove Marijuana as a scheduled controlled substance, regulate it similar to alcohol and tobacco and create economic incentives for reinvestment in communities most adversely impacted. pic.twitter.com/5KCU4zewFI
— Baltimore SAO (@BaltimoreSAO) July 10, 2019
“We have to go beyond decriminalization,” she later said during the hearing. “We have to actually legalize this drug.”
David Nathan, a physician and board president of the pro-legalization group Doctors for Cannabis Regulation, also shared his perspective with the committee.
“As physicians, we believe that cannabis should never have been made illegal for consenting adults. It is less harmful to adults than alcohol and tobacco, and the prohibition has done far more damage to our society than the adult use of cannabis itself,” Nathan said in his testimony.
We legalized #MedicalMarijuana in FL, an industry that has been largely dominated by white, wealthy Americans. But holding marijuana is still considered a crime, disproportionately hurting minority communities in South FL. We need to break this cycle. @HouseJudiciary pic.twitter.com/Tp3kOWjJmJ
— Rep. Debbie Mucarsel-Powell (@RepDMP) July 10, 2019
Finally, Neal Levine, CEO of Cannabis Trade Federation, the minority party’s witness, offered testimony. Advocates view his inclusion as the Republican’s sole witness at the meeting to be a positive sign, as Levine supports broad marijuana reform.
“The most immediate path to resolving the state-federal cannabis conflict is passage of the STATES Act,” Levine said, referring to bipartisan legislation that would allow states to set their own mariijuana policies without fear of federal interference but would not broadly deschedule cannabis. “Immediate passage of the STATES Act could also help spur economic activity in disadvantaged areas in our country.”
“With strong bipartisan support for legislation like the STATES Act, it is possible during the current session of Congress to take major steps toward respecting state cannabis laws, protecting workers, and advancing a more secure, vibrant, and equitable cannabis industry,” he said. “We hope that Congress will take advantage of the opportunity.”
Debate over the best approach to take when it comes to advancing federal marijuana policy legislation has been a subject of strong interest among advocates, some of whom feel pursuing modest reform proposals such as the STATES Act that stand a better chance of passing in the Republican-controlled Senate for now would be more prudent, while others argue that the House should use the opportunity presented by broad support for legalization among its Democratic majority to take up more comprehensive bills.
That conversation reared during the hearing. Rep. Matt Gaetz (R-FL) pressed witnesses on whether they would vote in favor of the STATES Act, which would not deschedule cannabis and does not include social equity provisions.
Burnett stressed the need to pursue legislative fixes that are more comprehensive and emphasize restorative justice. But he did ultimately say he’d vote for the STATES Act “to make progress.”
“My deep concern is that concerns over how far to go on some of the restorative elements of our policy could divide our movement,” Gaetz said. “If we further divide out the movement then I fear that we’ll continue to fall victim to that which has plagued other Congresses where we don’t get anything done.”
Levine argued that passing the STATES Act “would actually clarify it and focus the conversation” as lawmakers work on more wide-ranging cannabis legislation.
But Mosby emphasized “the need to reinvest into those individuals and those communities that have been disproportionately impacted” and said the STATES Act “does not do that, and that is one of the reasons I’m opposed to it.”
Members and witnesses also discussed access to banking services, deterring youth consumption and impaired driving, mitigating opioid abuse and addressing interstate commerce.
Yesterday @HouseJudiciary held a historic hearing on #Marijuana. I’ve been working on this issue for nearly 40 years. I understand why people want an incremental approach, but it’s been long enough. We need to de-schedule #Cannabis & expunge non-violent convictions. #LegalizeIt pic.twitter.com/FpRocZSp9k
— Steve Cohen (@RepCohen) July 11, 2019
Judiciary Committee Ranking Member Doug Collins (R-GA) said that the “legal status of marijuana in the United States is in complete disarray,” noting conflicts between federal and state law as well as international treaty obligations that encourage prohibiting cannabis. He said that the STATES Act is “an excellent foundation for legislative reforms.”
There were also some lighter moments during the meeting, with some lawmakers reflecting on the progress that the hearing represented.
“Everything in politics seems impossible until it happens,” Rep. Ted Lieu (D-CA), said. “If 15 years ago I were to tell you, in 15 years we would have gay marriage in 50 states and, in some of those states, we’d be smoking weed, you’d think I was crazy—but that is in fact what is happening now.”
It's a huge waste of federal resources to criminalize #marijuana. It's time we remove it from the Controlled Substances Act! Today in @HouseJudiciary Committee, we discussed this and more. Watch here ⬇️ pic.twitter.com/HNZQe5f9Kf
— Rep. Ted Lieu (@RepTedLieu) July 11, 2019
At @HouseJudiciary Subcommittee hearing on Marijuana. I believe it's a waste of federal resources to criminalize cannabis. Time to remove marijuana from the Controlled Substances Act.#WednesdayWisdom pic.twitter.com/lCEeeu0Ro5
— Ted Lieu (@tedlieu) July 10, 2019
“This has been a historic hearing. I don’t think the Judiciary Committee has had a hearing on marijuana,” Rep. Steve Cohen (D-TN), said “I’ve been working on this issue for 40 years, and it’s just crazy that we don’t just get it all done.”
“I appreciate Mr. Gaetz’s work on the issue—and I understand incremental— but after 40 years, it’s time to just zap straight up, get it all done, Schedule I done,” Cohen said.
On Tuesday, 10 leading civil rights and criminal justice reform groups including the ACLU added to that conversation by announcing that they’d formed a coalition designed to promote cannabis reform legislation that places an emphasis on social justice.
“Not since the days of Harry Anslinger has cannabis been such a serious topic on Capitol Hill,” Don Murphy, director of federal policies for the Marijuana Policy Project, said in a press release, referring to the former federal anti-drug official who stirred up anti-cannabis hysteria in the 1930s. “With bipartisan support in both chambers, there is no good reason why Congress cannot address this issue before the 2020 election.”
The foundation of marijuana policy in America is inherently racist.
Time. To. Decriminalize. pic.twitter.com/9FUmpZgBue
— Hakeem Jeffries (@RepJeffries) July 11, 2019
Aaron Smith, executive director of the National Cannabis Industry Association, said that state cannabis programs are “successfully replacing criminal markets with well regulated businesses across the country and public support for ending prohibition continues to rise.”
“It’s long past time for Congress to align federal policies with modern state marijuana laws and public opinion by removing cannabis from the Controlled Substances Act so that we can begin the process of developing federal policies that will not only respect state laws, but will defend public health and safety, protect small businesses, and help repair the damage prohibition policies have inflicted on communities of color,” Smith said.
The hearing represents a first step that’s expected to lead to a markup of one or more bills in the coming months. Nadler is rumored to be working on his own legalization legislation, and his position as the full committee’s chairman gives his sizable influence in getting such reform measures to the House floor.
“Today’s hearing is monumental in our fight to end cannabis prohibition,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment.
“As outlined in our blueprint, every major committee has a role to play in this effort in Congress,” he said, referring to a document he circulated to Democratic leadership last year making the case for how the body can advance marijuana reform in the 116th Congress. “We have outlined a pathway forward, and with a Democratic majority, we are making the progress needed.”
“We must show the resolve to address the harsh racial injustice that the War on Drugs has inflicted on communities of color,” he added. “The federal government needs to get out of the way of the states, get in touch with the American people, and make right its wrongs. We need comprehensive reform to include everyone—cannabis businesses, veterans, and communities of color. Today, is an important step.”
Image element courtesy of Tim Evanson.
Andrew Yang Peddles Marijuana-Themed Presidential Campaign Merchandise
2020 candidate Andrew Yang announced on Saturday that his campaign for the Democratic Party’s presidential nomination is rolling out a line of marijuana-themed merch.
The limited edition products blend Yang’s love of mathematics with his support for cannabis reform. A t-shirt being offered for $30 simply says, “Math. Money. Marijuana.” And a now-sold-out baseball cap says “Math” on the front and displays a cannabis leaf on back. There’s also a bumper sticker that says, “Legalize Marijuana.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Buttigieg Pledges To Decriminalize Possession Of All Drugs In First Term As President
South Bend, Indiana Mayor Pete Buttigieg released a comprehensive plan on Friday that calls for “decriminalizing all drug possession” in his first presidential term as a means to combat the opioid epidemic and treat addiction as a public health, rather than criminal justice, issue.
Decriminalization is just one action the 2020 Democratic presidential candidate said he’d pursue in order to reform the country’s mental health care system and bolster substance abuse treatment. His plan also includes proposals to reduce sentences for drug offenses other than possession, increase access to the opioid overdose reversal drug naloxone and make it easier to implement syringe exchange programs.
America’s addiction and mental health care crisis has been building for decades—due to decades of neglect by political leaders in Washington. Today, I’m proposing a new approach that tackles this crisis with the urgency and care it deserves. pic.twitter.com/U8F9DXJPC2
— Pete Buttigieg (@PeteButtigieg) August 23, 2019
Buttigieg’s “Healing and Belonging in America” plan emphasizes the need to divert people suffering from addiction away from prisons and into treatment. He said he’d accomplish that by expanding diversionary programs and evidence-based training “for drug courts, mental health courts, and other alternatives to incarceration for justice-involved persons.”
The goal of decriminalization and diversion is to reduce “the number of people incarcerated due to mental illness or substance use by 75 percent in the first term.”
Our country is in the midst of a mental health and addiction crisis, worsened by decades of stigma and political neglect. I’ll bring a new approach, rooted in commitment and community, to tackle this crisis with the urgency it deserves. https://t.co/spBoh5KH4X
— Pete Buttigieg (@PeteButtigieg) August 23, 2019
Under his plan, sentencing reform for drug offenses other than possession would be applied retroactively and coupled with expungements for past convictions. Buttigieg pointed to research demonstrating that “incarceration for drug offenses has no effect on drug misuse, drug arrests, or overdose deaths” and instead “actually increases the rate of overdose deaths.”
“We cannot incarcerate ourselves out of this public health problem.”
“To ensure that people with a mental illness or substance use disorder can heal, we will decriminalize these conditions,” the proposal states. “When someone is undergoing a crisis or is caught using a drug, they should be treated by a health professional rather than punished in a jail cell.”
“All presidential candidates should join Pete Buttigieg in recognizing that the criminalization of people for their drug use is wrong and simply bad policy,” Maria McFarland Sánchez-Moreno, executive director of the Drug Policy Action, said in a press release. “Possession of drugs for personal use is the single most arrested offense in the United States, eclipsing arrest rates for any other offense. With overdose numbers skyrocketing and entire communities, disproportionately black or brown, suffering from criminalization, it’s time for policymakers to shift gears. Taking an evidence-based, health-centered approach to address this crisis is not only true leadership – it’s common sense.”
The mayor also made harm reduction policies a key component of his strategy. He said take-home naloxone programs would be expanded to all 50 states by 2024 and that harm reduction services would be expanded “to reduce overdose deaths and the spread of infectious diseases related to needle sharing.”
The plan would make naloxone “broadly available in order to reverse overdoses” and remove “legislative and regulatory restrictions on the use of federal funds for syringe service programs.”
Buttigieg said the federal government should provide funding for state and local health departments to purchase the medication, make sure that it’s “available in public spaces and workplaces” similar to first aid kids and encourage “co-prescribing of naloxone with opioids, either by individual physicians or direct dispensing by pharmacists.”
Existing federal law makes it difficult to establish syringe exchange programs, in part because federal funds can’t be used to buy needles. The restrictions “hamper state and local responses, both because they limit resources and because they convey a negative message about the value of these programs, despite overwhelming scientific evidence that they can prevent transmission of HIV and hepatitis.”
In addition to lifting those barriers, the candidate said the Centers for Disease Control and Prevention “would also work with states to remove any criminal liability for those participating in” syringe exchange programs.
“Harm reduction programs are a critical part of any effective response to the opioid and injection drug use crisis. They minimize the negative impact of drug use without encouraging it, while reducing other side effects of drug use. In particular, this means access to syringe service programs for people who inject drugs, that link them to treatment, and provides access to sterile syringes. These programs help prevent transmission of HIV, viral hepatitis, and other infectious diseases associated with needle sharing, and reduce overdoses by deploying medication such as naloxone that help reverse the effects of opioids.”
One harm reduction policy that didn’t make the cut in Buttigieg’s plan is safe injection sites, where people could use illicit drugs under the supervision of medical professionals who could reverse overdoses and recommend treatment options. Sens. Bernie Sanders (I-VT) and Elizabeth Warren (D-MA), who are also running for the Democratic nomination, both proposed legalizing such facilities as part of criminal justice reform plans they released this month.
“Decades of failed mental health and addiction policy, coupled with mass incarceration that criminalized mental illness and drug use, have left us with a mental health and addiction care system so broken that today there are more people with serious mental illness in prisons than in treatment facilities,” Buttigieg said.
The candidate also made ending incarceration for drug possession—as well as legalizing marijuana—central principles of his previously released criminal justice reform plan, which he released last month.
But while the prior plan did not explicitly describe the move as “decriminalizing” drugs, even though advocates commonly use that word to refer to policies that remove the threat of being imprisoned for possession, the new document does use that terminology—signaling a shift in clarity as Buttigieg continues to develop his campaign messaging.
In other instances, he borrowed language from his criminal justice reform plan, specifically as it concerns how criminalizing drug use can increase rates of overdose, for his mental health proposal.
“Despite equal rates of use, Black Americans are nearly four times as likely to be arrested for using marijuana,” the criminal justice plan states. “Research shows that incarceration for drug offenses has no effect on drug misuse, drug arrests, or overdose deaths. In fact, some studies show that incarceration actually increases the rate of overdose deaths.”
Buttigieg mentioned that, as with drug offenses, black people are also more likely to die from overdoses. And that’s due to “the current broken system that criminalizes mental illness and addiction” that was “built during the crack epidemic of the 1980s.”
This story was updated to include comment from the Drug Policy Action.
Photo courtesy of Flickr/Gage Skidmore.
White House Drug Officials Say Legal Marijuana Is Up To States
Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.
The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.
Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.
Got the answer: He believes it should be left up to the state. However, he does want to educate people on the effect marijuana has on young brain development, pregnant women and wants to come up with better guidance & testing for marijuana while driving. https://t.co/eifryNJB1j
— Kayla Sullivan (@KaylaReporting) August 14, 2019
It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.
Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.
Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”
“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”
Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.
During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”
“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”
He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”
Photo courtesy of Philip Steffan.