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What Tuesday’s Primary Elections Mean for Marijuana

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The results from Tuesday’s congressional and gubernatorial primary elections are in, and while the candidates campaigned on wide-ranging platforms, some of the results could mean a lot for state and federal marijuana reform.

Marijuana Moment put together a recap, examining where several of the primary winners stand on cannabis. While a number of other House primary elections took place throughout the country, the list below includes races where marijuana issues were relatively prominent.

Indiana U.S. Senate Primary

Republican winner: Mike Braun

During a debate last month, Braun said: “I think if a state wants to go to medical marijuana, it ought to be their prerogative.” But he also said that he was still “out on the issue” when it comes to his personal support for medical cannabis. It’s not clear based on that statement whether the businessman meant that he was undecided or opposed to reform, but he went on to say that “states are a great laboratory,” indicating that if elected to the Senate he would support efforts to scale back federal prohibition, at least when it comes to medical use.

“It’s happening right in front of us,” Braun said during the debate. “We’ll see what happens.”

Marijuana Moment reached out to Braun’s campaign office for clarification. This story will be updated if a response is received.

Of note is that Braun beat out two Republican challengers who have voiced steadfast opposition to marijuana legalization and have consistently voted against reform amendments as U.S. House members.

Democratic incumbent: Sen. Joe Donnelly

The incumbent senator earned a “D” rating from the pro-legalization group NORML due to his consistent failure to support federal legislation to reform marijuana laws. In 2007, during his time in the House, he voted against a measure to prevent federal interference in states where marijuana is legal. According to Civilized, Donnelly has said that it would not be “prudent” to legalize or decriminalize cannabis.

Ohio Gubernatorial Primary

Democratic winner: Richard Cordray

Cordray, the former director of the Consumer Financial Protection Bureau, has been sheepish about his personal stance on marijuana legalization. However, he’s been critical of Ohio’s medical marijuana program, which he feels was poorly implemented.

In a statement sent to Marijuana Moment last week, a spokesperson for Cordray said that he’d “fix the botched implementation” of the program” if elected and would also respect “voters’ right to propose a new [recreational marijuana legalization] referendum” and “follow the will of the voters if it comes to a vote.” The spokesperson declined to comment on Cordray’s personal feelings about recreational legalization.

Republican winner: Mike DeWine

While DeWine, Ohio’s attorney general, has been relatively quiet about his stance on medical marijuana, he did say in 2014 that he thinks legalizing the plant for recreational purposes would be “a mistake.”

At a press conference with law enforcement, he acknowledged that legalization could take the substance off the black market and lead to fewer deaths from gang violence. That said, he still felt legalization would send a bad message to youth, saying that experts informed him that cannabis was a gateway drug to heroin “in some cases” and expressing concern that full legalization would mean “more people killed by someone who is high on marijuana” on highways. He’s also rejected several petitions to change that state constitution with respect to cannabis reform—though he’s attributed those rejection decisions to issues with the language of the petitions, not the underlying policy issue.

Ohio U.S. Senate Primary

Republican winner: U.S. Rep. Jim Renacci

The U.S. congressman hasn’t said much about marijuana, and he also hasn’t supported federal legislation to reform the country’s cannabis laws—including measures to protect legal states from federal interference, provide marijuana businesses with banking access, or allow Department of Veterans Affairs doctors to recommend cannabis to patients.

In a recent interview with the Dayton Daily News, he did provide some insights into his perspective on the issue. Renacci said that he was “closely watching” Ohio’s medical marijuana program and voiced clear opposition to recreational marijuana legalization.

Democratic incumbent: U.S. Sen. Sherrod Brown 

Like many career politicians on Capitol Hill, Brown’s position on cannabis has evolved over the years. But that hasn’t necessarily been reflected in terms of introducing or co-sponsoring reform legislation.

Earlier, this year, when U.S. Attorney General Jeff Sessions rescinded the Cole memo—which offered some protections against federal intervention in states where marijuana had been legalized—he spoke out, arguing that the Sessions should “mind the store on other things” and “put his efforts into this terrible addiction issue about opioids and worry less about medical marijuana.” However, Brown has also peddled the debunked gateway drug theory that marijuana leads users to harder drugs, and he’s said that he felt concerned that legalization would increase youth consumption. Brown is on the record defending the use of cannabis for medicinal purposes, stating that “the evidence is in that [marijuana] works for a number of patients.”

West Virginia U.S. Senate Primary

Republican winner: Patrick Morrisey

The West Virginia attorney general has said that it was important to be “open-minded” about medical marijuana legalization because it “may provide some relief to those who truly may be in need and hurting.” However, Morrisey was clear during a debate hosted by local television station WSAZ last month that he was “opposed to it for recreational use.”

Morrisey said that recreational marijuana was “another gateway into this terrible drug problem.” 

Democratic winner: U.S. Sen. Joe Manchin

Though Manchin has faced criticism over his opposition to the legalization of cannabis—most recently during an April 5 town hall event where the senator was booed for suggesting that the substance was a gateway drug—he did reportedly cast a voice vote in support of a spending amendment that prevents federal intervention in state medical cannabis laws.

According to NORML, Manchin also said that he “would lean more to listen to the doctors, the professionals who are responsible for our health,” with respect to marijuana reform.

West Virginia U.S. House Primary (District 3)

Democratic winner: Richard Ojeda

The state senator and former Army veteran is decidedly pro-legalization. He sponsored a bill to legalize medical marijuana in West Virginia last year, which was signed into law by the governor on April 19, 2017. A statement on Ojeda’s campaign site makes his stance clear:

“Through comprehensive cannabis legislation, encompassing decriminalization, medical, and industrial use, we can utilize one of the most medically beneficial and economically viable plants on Earth to fight the opioid epidemic, generate revenue to fund new education and infrastructure initiatives, and address the problem of overpopulation within our state correctional facilities,” it states. “With a comprehensive approach to cannabis policy, we can put West Virginia on a path to a prosperous future and grow a new economy that will benefit the people of our state for generations to come.”

These States Will Probably Vote On Marijuana In 2018

Photo courtesy of Democracy Chronicles.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Berkeley City Council Considers Decriminalizing Psychedelics This Week

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A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.

Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.

In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”

However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”

The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”

Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.

The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.

“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.

While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.

Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.

On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.

Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

Photo elements courtesy of carlosemmaskype and Apollo.

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Colorado Governor And USDA Official To Discuss CBD At Hemp Event

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Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.

The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”

Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.

This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.

Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”

“With our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.

AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.

But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.

Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.

In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.

FDA Says It Is Speeding Up The CBD Regulation Process

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Marijuana Legalization Could Be On The Horizon For British Virgin Islands

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The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.

Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.

“We certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don’t want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.”

He added that he hoped the legislation would make BVI a global model for legalization.

“We certainly support having a well-regulated industry, and the fact that we’re coming in late into this whole discussion of marijuana means that we don’t have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.

The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.

“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we’re speaking about the medicinal value of it than something like alcohol. It’s proven that alcohol is much more damaging to your health than marijuana.”

BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.

The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.

“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”

“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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