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Where Jeff Sessions’s Temporary Replacement Stands On Marijuana

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Anti-marijuana Attorney General Jeff Sessions tendered his resignation on Wednesday, one day after Republicans lost control of the House.

That left cannabis policy observers scrambling to find out where the temporary replacement at the top of the Department of Justice, Sessions’s Chief of Staff Matthew Whitaker, stands on marijuana.

Here’s what Marijuana Moment found in our initial review.

During a 2014 primary debate for the Republican U.S. Senate nomination from Iowa, Whitaker sympathized with patients who benefit from marijuana ingredient cannabidiol (CBD). But, he also voiced concerns about the disconnect between state legalization efforts and the enforcement of federal law under the Obama administration.

During the debate, hosted by Iowa Public Television, he was asked about the state’s recent passage of a CBD-only medical cannabis law.

“First of all, I know a couple of families that are going to be positively impacted by what has happened in the state senate today,” he said. “And I applaud them for helping those families who need that help.”

Whitaker then turned to the Justice Department’s marijuana policy under President Barack Obama’s attorney general, Eric Holder.

“But what we have is we have an attorney general that is telling state attorney generals, ‘if you disagree with a law, you don’t have to enforce it.’ And I am gravely concerned that we are now going to go back and forth between who’s in the White House and what their drug enforcement policy is, and you’ll see under what we have now—where you have Colorado and other states legalizing it really with no federal interference—and then when we come back, we may have a different regulatory scheme.”

Well, then, what should Congress do to resolve those differences?

“I think Congress should regulate things that harm people, and that is the hard drugs and the like that dramatically hurt citizens, cause violent crime in our communities, and those should be regulated,” he said.

“But not marijuana?” the debate moderator asked.

“For me, I saw the impact of marijuana on our border,” he said, presumably referring to his time as a U.S. attorney. “And if you go to any of the counties in Texas where there’s an illegal importation of marijuana, there’s a tremendous amount of violence.”

Marijuana reform advocates have generally applauded the announcement of Sessions’s resignation, as the now former attorney general has a long history of demeaning cannabis consumers, disregarding research about the benefits of medical marijuana and upholding federal prohibition.

“Attorney General Jefferson Sessions was a national disgrace, NORML hopes he finds the time during his retirement to seek treatment for his affliction of 1950’s reefer madness,” NORML executive director Erik Altieri said in a press release.

Rep. Earl Blumenauer (D-OR) called the move a “major step forward for marijuana reform,” also noting that Rep. Pete Sessions (R-TX), who has obstructed votes on marijuana-related legislation as chair of the House Rules Committee, was defeated in Tuesday’s midterm elections. The two are not related despite sharing the same last name and a disdain for cannabis.

However, there’s also an argument to be made that Sessions’s departure from the office could ultimately pose threats to the legal cannabis movement. Sessions and President Donald Trump have had a contentious relationship almost from the start of the administration, and the attorney general’s reluctance to crack down on legal cannabis states could theoretically be attributed, in part, to that dynamic. The next attorney general could enjoy some more flexibility when it comes to enforcing federal marijuana laws.

For his part, Sen. Cory Gardner (R-CO) said on Tuesday that he’s looking forward to “continuing to work with the President to fulfill his campaign position to leave the regulation of marijuana to the states.”

Trump has already said he’s actively pursuing a permanent replacement for Sessions, so it’s unclear what, if anything, Whitaker could achieve during his temporary stint as acting attorney general, or how long his tenure will last.

Marijuana Won The Midterm Elections

Photo courtesy of YouTube/Iowa Public Television.

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

New Jersey Voters Will Decide On Marijuana Legalization Next Year, Senate Leaders Say

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New Jersey lawmakers are giving up on plans to enact marijuana legalization through the legislature and are now seeking to put the question before voters on the 2020 ballot.

Senate President Steve Sweeney (D) and Senate Judiciary Committee Chairman Nicholas Scutari (D) announced on Monday that while they had “made further attempts to generate additional support in the Senate to get this done legislatively,” the “votes just aren’t there.” As a result, they filed a proposal that would allow residents to vote on legalization as a constitutional amendment.

“We are moving forward with a plan to seek voter approval to legalize adult use marijuana in New Jersey,” the leaders said in a press release. “We introduced legislation today to authorize a public referendum for a proposal that will lead to the creation of a system that allows adults to purchase and use marijuana for recreational purposes in a responsible way.”

“This initiative will bring cannabis out of the underground so that it can be controlled to ensure a safe product, strictly regulated to limit use to adults and have sales subjected to the sales tax,” they said.

The plan, which NJ.com first reported, is to have the legislature to approve the referendum proposal and get the ballot measure set for a vote in the general election next November. Sweeney and Scutari said they are “confident it will be approved by the Senate, the Assembly and the voters.”

“We will now move forward with a plan that helps correct social and legal injustices that have had a discriminatory impact on communities of color,” they said. “We can make real progress towards social justice at the same time that cannabis is made safe and legal.”

After months of negotiation, it became apparent that that progress wasn’t going to happen legislatively in the short-term, with Sweeney indicating as early as May that legalization would likely have to be decided through a voter referendum.

Text of the resolution calling for a referendum doesn’t offer many details about what the proposed legal cannabis market would look like; rather it generally describes a system allowing adults 21 and older to use and purchase marijuana from authorized retail facilities. The state’s Cannabis Regulatory Commission would be responsible for regulating the program. And cannabis sales would be subject to the state sales tax, with no additional excise tax added.

As written, the draft ballot question is worded somewhat confusingly. Voters would be asked: “Do you approve amending the Constitution to legalize a controlled form of marijuana called ‘cannabis’?”

“Only adults at least 21 years of age could use cannabis,” it continues. “The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market. Retail sales of cannabis products in this new market would be subject to the State’s sales tax, and no other form of tax.”

Prohibitionist group Smart Approaches to Marijuana celebrated news of the legislature abandoning plans to pursue legalization legislatively this session and said it would invest resources into a campaign to dissuade voters from supporting the proposed ballot initiative.

While adult-use legalization hasn’t panned out as advocates hoped, Gov. Phil Murphy (D) did sign a bill significantly expanding the state’s medical cannabis program in July. Sweeney had pointed to that reform move as one reason legalization negotiations stalled.

It’s not clear how the ballot approach is going to impact discussions about regionally coordinating legalization plans in the Northeast, which has been ongoing since New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D) met to talk about the issue over the summer.

During a joint meeting of governors from around the region last month, Murphy said that “doing things in an intelligent, coordinated, harmonious way is good for the entirety of not just our states but our residents” and emphasized the need for social justice components in a legal cannabis market.

Read the text of the New Jersey marijuana legalization referendum resolution below:

NJ Marijuana Ballot Bill by Marijuana Moment on Scribd

Sanders Pledges Legal Marijuana ‘In Every State’ As Biden Faces ‘Gateway Drug’ Backlash

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Sanders Pledges Legal Marijuana ‘In Every State’ As Biden Faces ‘Gateway Drug’ Backlash

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As former Vice President Joe Biden faces a backlash over his suggestion that marijuana could be a ‘gateway’ drug, rival presidential candidates such as Sens. Bernie Sanders (I-VT) and Kamala Harris (D-CA), as well as entrepreneur Andrew Yang, are touting their own support for cannabis reform proposals

One day after Biden said he doesn’t support national cannabis legalization because there’s “not nearly been enough evidence that has been acquired as to whether or not it is a gateway drug,” Sanders offered a competing vision, emphasizing in a speech that he wants to “make marijuana legal in every state in the country,” rather than allow prohibition to continue in certain states.

The senator also discussed other elements of a cannabis reform plan he released last month, including his pledge to “expunge the records of those arrested for possession of marijuana” and provide funding to promote participation in the legal industry by individuals from communities most impacted by the war on drugs.

“It sounds unfair that when we legalize marijuana, you end up having a handful of corporations controlling that industry,” Sanders said during the Sunday event in Las Vegas. “We have built into our criminal justice program an effort to provide many billions of dollars in help to people in the African-American community, Latino community, other communities, the people who have been hit the hardest by the war on drugs, to help them profit off a legal marijuana system.”

Watch Sanders’s marijuana comments, around 33:00 into the video below: 

Sanders described his three-step plan to prevent large corporations from controlling the cannabis market during an interview on Showtime’s Desus & Mero last month.

Separately, he took to Twitter on Sunday to highlight new polling showing that a majority of Americans support legalizing marijuana.

Meanwhile, Harris also appeared to take a direct hit at Biden over his “gateway drug” comment, stating that the debate on that matter is already settled.

“Let’s be clear: marijuana isn’t a gateway drug and should be legalized,” she tweeted, adding that she’s glad that a bill she and House Judiciary Chairman Jerrold Nadler (D-NY) filed earlier this year to federally deschedule cannabis is scheduled for a vote in the House this week.

Harris herself has faced pushback from reform advocates and challengers who point out that the senator was involved in criminalizing cannabis consumers, and opposed legalization, during her time as a prosecutor.

Yang, for his part, presented a visual contrast to Biden on Monday, sharing photos of him smiling, surrounded by dozens of trimmed marijuana plants in an undisclosed facility.

He also wrote in a tweet that cannabis “should be legal nationwide” and linked to a campaign site page laying out his reform plan.

“It is already legal in several states, it reflects a safer approach to pain relief than opiates, and our administration of drug laws is deeply uneven and racist,” Yang said.

Biden has drawn criticism from lawmakers outside of the presidential race as well, with Rep. Earl Blumenauer (D-OR) calling him out on Monday.

“Get with the program, @JoeBiden,” the congressman, who has spearheaded Capitol Hill efforts to end federal prohibition, said. “Not only do we have legislation that would solve the issue of research, the American people overwhelmingly support legalizing cannabis—period.”

“The war on drugs has ruined countless lives,” he said. “It’s past time we end this senseless prohibition.”

AOC Calls For Decriminalizing The Use Of All Drugs

Photo courtesy of Facebook/Bernie Sanders.

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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AOC Calls For Decriminalizing The Use Of All Drugs

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Rep. Alexandria Ocasio-Cortez (D-NY) voiced support for decriminalizing the use of all drugs on Sunday.

The freshman congresswoman tweeted that drug decriminalization, as well as marijuana legalization, are “matters of public health.”

This marks a development in Ocasio-Cortez’s drug policy platform. Previously, she called for decriminalizing the use and research of psychedelics, emphasizing the therapeutic potential of the substances.

To that end, she introduced an amendment to a spending bill in June that would remove a rider that advocates argue has inhibited research into the potential therapeutic benefits of Schedule I drugs such as psilocybin and LSD. The House rejected that measure in a floor vote, however.

There’s a growing push to decriminalize the personal possession of drugs beyond cannabis. South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI), both Democratic presidential candidates, are in favor of the policy. Entrepreneur Andrew Yang supports decriminalizing opioids as a means to combat the drug overdose crisis.

Ocasio-Cortez recently gave her endorsement to Sen. Bernie Sanders (I-VT). But while the senator was the first major presidential candidate to back marijuana legalization during his 2016 run, he said this year he’s “not there yet” on broader drug decriminalization. It’s not clear if the congresswoman’s role as a surrogate on his campaign will ultimately influence him to adopt the policy.

But as more candidates debate the best way forward on various drug reform proposals, with cannabis legalization being a given for almost all contenders, former Vice President Joe Biden remains several paces behind. He opposes adult-use legalization and said on Saturday that marijuana may be a gateway to other, more dangerous substances.

Biden Says Marijuana Might Be A Gateway Drug

Photo courtesy of C-SPAN.

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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