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.
Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording
President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.
“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of YouTube/White House.
Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote
Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.
The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.
“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.
Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”
The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.
“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.
The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.
Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.
The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.
The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.
Manley said in the news conference that he would continue to review the resolution, as well as police policies.
But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans
Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).
During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.
“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”
“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”
Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.
He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.
That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.
At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”
“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.
Photo element courtesy of Gage Skidmore.