With the 2020 presidential election underway, people interested in legalizing marijuana and ending the war on drugs may find themselves wondering which candidate will do more to advance their causes: Democratic presidential nominee Joe Biden or incumbent President Donald Trump.
While Trump has not pursued a full-scale crackdown of state-legal cannabis programs and has voiced tentative support for modest reform legislation, his administration has made a number of hostile anti-marijuana actions—from rescinding Obama-era guidance on cannabis prosecutions to implementing policies making immigrants ineligible for citizenship if they consume marijuana or work in the cannabis industry.
Put simply, the president is a drug policy enigma. His past comments on drug policy, attitude toward state-level legalization efforts and administrative actions as president offer a dizzying portrait of a person who once said all drugs should be legal but who also appointed a vociferous anti-cannabis attorney general as one of his first acts in the White House.
Over the course of his first term in office, reform advocates have struggled to peg the president. On the one hand, he has not launched an all-out offensive on state-legal cannabis businesses and, in fact, said it was his administration’s policy that they could continue to operate unencumbered by the federal government despite prohibition remaining on the books. Trump also signed a bill federally legalizing hemp following decades of its prohibition. On the other hand, he’s declined to use his power to enact changes to legitimize the industry and has appointed several officials who hold hostile views toward reform.
In any case, the Trump reelection campaign has made clear it wants to depict the president as the criminal justice reform candidate, repeatedly attacking Biden over his record as an “architect” of punitive drug laws during his decades in the Senate, for example.
To help sort out where Trump stands on marijuana and drug policy in general, here’s an overview of policy actions his administration has taken and remarks he’s made both before and during his presidency.
This piece was last updated on November 2, 2020 to include the president’s most recent statements and policy actions on marijuana.
Policy Actions And Comments As President
Support for states’ rights.
In 2018, the president gave advocates reason to celebrate. Asked whether he supports a bipartisan bill filed by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA), which would allow states to set their own marijuana policies, Trump said “I really do.”
“I know exactly what he’s doing. We’re looking at it,” he said, referring to Gardner. “But I probably will end up supporting that, yes.”
He reiterated his support for a states’ rights approach to marijuana in August 2019, saying it’s “a very big subject and right now we are allowing states to make that decision. A lot of states are making that decision, but we’re allowing states to make that decision.”
Gardner, who held up Justice Department nominations in protest of then-Attorney General Jeff Sessions’s move in order to generate a cannabis commitment from the president, told Marijuana Moment in an interview that Trump typically makes “very supportive” comments about cannabis reform when they’ve talked.
“It’s all been positive. And I think we’re seeing that,” he said. “Had they wanted to do something, they’d do what Jeff Sessions did and mess around with that and they haven’t.”
Current Attorney General William Barr has said that he’s not interested in upsetting “settled expectations” as it concerns policies in place while the Cole memo was still effective.
“However, I think the current situation is untenable and really has to be addressed. It’s almost like a backdoor nullification of federal law,” he said during a hearing last year, later adding that he would prefer that Congress pass legislation codifying protections for states that have legalized cannabis rather than maintain the status quo of conflicting state and federal policies.
To date, no large-scale marijuana raids against licensed businesses in legal states have taken place under the Trump administration.
Trump’s personal opinion on cannabis consumption and drug policy reform is a mixed bag.
Despite his pledged support for states’ rights to legalize, Trump evidently holds some negative views toward cannabis consumption, as evidenced in a recording from 2018 that was leaked two years later. In that recording, the president said that using marijuana makes people “lose IQ points.”
During a presidential debate, Biden defended one of his son’s experience with substance misuse after Trump criticized his character and military record.
In August 2020, Trump weighed in on Sen. Kamala Harris’s (D-CA) prior comments on marijuana shortly after she was announced as Joe Biden’s vice presidential running mate. While the president declined to explicitly discuss the senator’s cannabis policy positions, he said “she lied” and “said things that were untrue” when presented with details about an interview she gave last year in which she discussed smoking marijuana in college.
He also urged Republicans not to place marijuana legalization initiatives on state ballots out of concern that it could increase Democratic turnout in elections. A Republican strategist told The Daily Beast that, as far as Trump is concerned, the “pot issue is one of many that he thinks could be a danger.”
“He once told me it would be very ‘smart’ for the Democrat[ic] Party to get as many of these on the ballot as they could,” the source said.
In February 2020, the president applauded countries that impose the death penalty for people who sell drugs—a point he has repeatedly made. “I don’t know that our country is ready for that,” Trump said in the more recent comment, “but if you look throughout the world, the countries with a powerful death penalty—death penalty—with a fair but quick trial, they have very little if any drug problem.”
That said, the president in 2019 seemed to acknowledge the failure of policies prohibiting drugs during a meeting on vaping, stating that banned products are “going to come here illegally” even if they’re prohibited.
Curiously, Trump proposed mandating that he and Biden take drug tests prior to participating in general election debates.
I will be strongly demanding a Drug Test of Sleepy Joe Biden prior to, or after, the Debate on Tuesday night. Naturally, I will agree to take one also. His Debate performances have been record setting UNEVEN, to put it mildly. Only drugs could have caused this discrepancy???
— Donald J. Trump (@realDonaldTrump) September 27, 2020
Joe Biden just announced that he will not agree to a Drug Test. Gee, I wonder why?
— Donald J. Trump (@realDonaldTrump) September 28, 2020
The president signed “right to try” legislation in 2018 that allows terminal patients to access drugs that haven’t been approved by the Food and Drug Administration (FDA) but have cleared a phase one trial—a move that some advocates say could let a limited number of people use marijuana, psilocybin and MDMA for therapeutic reasons.
Administrative marijuana and drug policy actions.
One of the administration’s most widely publicized actions—and one that caused acute panic among marijuana advocates and stakeholders—happened in January 2018, when Sessions rescinded the Obama-era Cole memo. Under that policy, federal prosecutors were advised to generally not pursue action against individuals for state-legal cannabis-related activity, except under a limited set of circumstances.
Its revocation worried many that a federal crackdown was looming, especially with longtime prohibitionist Sessions at the helm of the Justice Department. However, that fear was not realized—and according to Gardner, Trump personally opposed the move and said “we need undo this.”
“This sounds like something my grandpa said in the 1950s,” Trump reportedly said, referencing Sessions’s rhetoric when rescinding the policy.
The Justice Department recently asked a federal court to force California marijuana regulators to disclose documents about certain licensed cannabis businesses, and a federal court ruled that they must comply.
The U.S. government backed a World Health Organization recommendation to remove marijuana from the most restrictive global drug scheduling category—though it opposed separate international cannabis reform proposals, including one to clarify that CBD is not under international control.
A federal prosecutor appointed by Trump issued a statement in October 2020 that urged Montana voters to “consider the risks” of approving marijuana legalization measures that appear on their November ballots.
A federal prosecutor appointed by Trump issued a statement in October 2020 that urged Montana voters to “consider the risks” of approving marijuana legalization measures that appear on their November ballots.
Another controversial administrative action concerns immigrants and marijuana. In April 2019, U.S. Citizenship and Immigration Services issued a memo stating that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—makes immigrants ineligible for citizenship because it means they don’t have “good moral character.”
In December 2019, the Justice Department issued a notice that it was seeking to make certain marijuana offenses, including misdemeanor possession, grounds to deny asylum to migrants.
That month, officials with Trump’s U.S. Department of Veterans Affairs also testified against several pieces of legislation that would increase access to medical cannabis for service members and also require the department to conduct clinical research into the therapeutic benefits of marijuana for conditions that commonly afflict veterans.
Using funds provided by a salary donation from Trump, the Surgeon General issued and publicized a warning in August 2019, cautioning against marijuana use by adolescents and pregnant women. The notice also suggested that the state-level cannabis legalization movement was enticing young people to consume marijuana by normalizing the plant.
BuzzFeed News reported in 2018 that the Trump administration created a secret committee that requested agencies across the federal government submit memos on how to combat public support for cannabis reform.
Trump’s Justice Department in 2019 sided with a Mississippi student who filed a lawsuit against his school after he was allegedly prevented from talking about the issue earlier this year, arguing that the First Amendment protects students who discuss legalization and that restrictive policies prohibiting such free expression at public schools are unconstitutional.
The Internal Revenue Service in September 2020 released updated guidance on tax policy for the marijuana industry, including instructions on how cannabis businesses that don’t have access to bank accounts can pay their tax bills using large amounts of cash.
Administration’s hemp regulatory actions following Trump signing legalization into law.
One of the most significant cannabis developments to occur under the Trump administration was the federal legalization of hemp that was accomplished when he signed the 2018 Farm Bill—unleashing a massive market for a crop that had been prohibited for more than 80 years as a federally controlled substance. The move elicited bipartisan praise, and Trump’s U.S. Department of Agriculture has put significant resources into implementing the reform.
That said, advocates, lawmakers and industry stakeholders have raised several concerns about proposed rules for hemp such as requiring that the crop be tested for THC contents by only Drug Enforcement Administration (DEA)-certified labs.
DEA also released proposed rules for hemp and CBD in August 2020 to put the federal agency officially in compliance with the 2018 Farm Bill. However, some industry players suspect that the agency is really setting the stage to crack down on the newly legal market.
In September 2020, USDA announced that hemp farmers could qualify for coronavirus relief loans, reversing an earlier decision to exclude the crop based on price decline data amid the pandemic.
Also in 2020, the department made hemp farmers eligible for relief programs if they’ve experienced damage or losses due to a natural disaster.
White House officials met with several hemp industry groups in the summer of 2020 to discuss pending FDA guidance on enforcement policies for CBD products.
Speaking of FDA, the agency has similarly been in the process of developing regulations for CBD to be marketed as a food item or dietary supplement. In the meantime, it has used enforcement discretion to keep the market in check.
The agency has continued to issue warnings to cannabis businesses in certain cases—such as instances in which companies claimed CBD could treat or cure coronavirus—and provide public notices about recalls.
FDA also recently closed a comment period on separate draft guidance on developing cannabis-derived medications.
Cannabis and the Trump budget.
While Trump has spoken out in favor of medical cannabis legalization, on several occasions he has released signing statements on spending legislation stipulating that he reserves the right to ignore a long-standing rider that prohibits the Justice Department from using its funds to interfere with state-legal medical marijuana programs.
He also proposed deleting the rider altogether in multiple annual budget proposals to Congress, though Obama did the same thing when he was in office.
In 2019, the White House released a budget request that proposed slightly scaling back restrictive language that has prevented Washington, D.C. from spending its own tax dollars to legalize and regulate the sale of recreational marijuana.
Under several budget proposals, the administration has called for significant cuts to the White House Office of National Drug Control Policy, a central agency when it comes to setting federal drug policy and upholding prohibition.
Trump administration personnel and cannabis.
A top spokesperson for Trump’s reelection campaign raised eyebrows in February 2020 when he said that the administration’s policy is that currently illicit drugs, including cannabis, “need to be kept illegal.”
The campaign also criticized a coronavirus relief bill House Democrats unveiled in September, sharing an article headlined “Democrats’ New $2.2 Trillion COVID Stimulus Includes The Word ‘Cannabis’ 68 Times — Mentioned More Than Jobs.” That’s because it contained the full text of a bipartisan bill to protect banks that service state-legal marijuana businesses from being penalized by federal regulators.
Democrats’ New $2.2 Trillion COVID Stimulus Includes The Word ‘Cannabis’ 68 Times — Mentioned More Than Jobshttps://t.co/m6Gf2EwS6k
— Trump War Room – Text TRUMP to 88022 (@TrumpWarRoom) September 29, 2020
Trump reelection officials also issued a cease and desist letter demanding that Mississippi medical cannabis activists stop using the president’s name to campaign for their ballot initiative—despite the fact that the advocates accurately quoted his repeated comments in support for medical marijuana.
During a press briefing in July 2018, then-Press Secretary Sarah Huckabee Sanders was asked about the newly elected Mexican president’s suggestion that legalizing and regulating drugs could curtail cartels. She said the administration didn’t have any policy announcements to that end; however, “I can say that we would not support the legalization of all drugs anywhere and certainly wouldn’t want to do anything that would allow more drugs to come into this country.”
The president also named then-Rep. Mark Meadows (R-NC), as his chief of staff in March 2020. As a member of Congress, Meadows consistently voted against marijuana reform amendments and was one of only a handful of lawmakers who cheered Sessions’s move to rescind the Obama-era cannabis guidance.
Trump’s stance on cannabis legalization became the jumping off point for a spat between a top White House aide, Republican operatives and a reporter in June after Meadows laughed off a question about the prospects of broad marijuana reform advancing before the election in November.
In April 2020, Trump hired a new press secretary, Kayleigh McEnany, who has a long record of speaking out against legalization.
Barr, the current attorney general, allegedly directed the Justice Department’s Antitrust Division to carry out investigations into 10 marijuana mergers out of personal animus for the industry. A whistleblower who testified before a key House committee claimed the investigations were unnecessary and wasted departmental resources. But the assistant attorney general for the Antitrust Division later argued that the investigations were actually “consistent with protecting consumers’ access to cannabis products, not with animosity toward the industry.”
During a speech at the 2020 Republican National Convention at which Trump was renominated for a second term, the granddaughter of Evangelical preacher Billy Graham took issue with Democratic governors who designated cannabis dispensaries as essential services amid the coronavirus pandemic while imposing restrictions on churches. In a separate convention speech, an advisory board member for Trump’s reelection campaign claimed that Democrats’ push for universal health care is really about ensuring a right to cannabis access.
Meanwhile, the head of the Republican National Committee (RNC), who was recommended for the position by Trump, dodged a question about where the party stands on medical marijuana and stressed that the issue should be addressed at the state level.
After House leadership announced in August 2020 that the chamber would be voting on a bill to federally legalize marijuana, the director of press communications for the president’s reelection campaign tweeted, “House Dems—more worried about pot dealers than providing relief for the American people.” (That vote was ultimately postponed.)
House Dems — more worried about pot dealers than providing relief for the American people. https://t.co/wJAGDJuaCs
— Erin Perrine (@ErinMPerrine) August 31, 2020
It might come as a surprise, but 30 years ago, Trump argued in favor of legalizing all drugs.
“We’re losing badly the war on drugs. You have to legalize drugs to win that war. You have to take the profit away from these drug czars,” he said. “What I’d like to do maybe by bringing it up is cause enough controversy that you get into a dialogue on the issue of drugs so people will start to realize that this is the only answer; there is no other answer.”
Then, 25 years later, he was at the Conservative Political Action Conference stating that he thinks marijuana legalization is “bad” and that he feels “strongly about that.”
“They’ve got a lot of problems going on right now in Colorado, some big problems,” he said.
But the candidate clarified that he supports states’ rights to set their own marijuana laws, saying, “If they vote for it, they vote for it.”
“Medical marijuana is another thing,” he added. “I think medical marijuana, 100 percent.”
“Medical I agree with. Medical I like,” he said similarly in 2016. “Medical is OK.”
Trump on medical marijuana: "Medical I agree with. Medical I like."
— Jeremy Diamond (@JDiamond1) January 6, 2016
Asked about Medical Marijuana, Trump says "Medical is ok."
— Katy Tur (@KatyTurNBC) January 6, 2016
“I think medical should happen, right? Don’t we agree? I mean I think so,” he said at a 2015 rally in Nevada. “I know people that are very, very sick and for whatever reason, the marijuana really helps them.”
He went on to say that “I really believe you should leave it up to the states” when it comes to recreational legalization. “It should be a state situation… In terms of marijuana and legalization, I think that should be a state issue, state by state.”
Trump reiterated in a radio interview in 2016 that adult-use legalization has “got to be a state decision.”
“Colorado did it as you know and I guess it’s very mixed right now, they haven’t really made a final determination,” he said. “There seems to be certain health problems with it and that would be certainly bothersome.”
“I do like it, you know, from a medical standpoint — it does do pretty good things,” he added “But from the other standpoint, I think that should be up to the states. Certainly, from a medical standpoint, a lot of people are liking it.”
Legalization of drugs is “something that should be studied and maybe should continue to be studied,” Trump told ABC’s This Week in 2015.
“But it’s not something I’d be willing to do right now,” he added. “I think it’s something that I’ve always said maybe it has to be looked at because we do such a poor job of policing. We don’t want to build walls. We don’t want to do anything. And if you’re not going to want to do the policing, you’re going to have to start thinking about other alternatives. But it’s not something that I would want to do. But it’s something that certainly has been looked at and I looked at it. If we police properly, we shouldn’t do that.”
In a 2016 radio interview with Hugh Hewitt, Trump seemed more skeptical about cannabis legalization, saying that “there are a lot of bad things happening in Colorado with people’s health. And if you look at the results, you know, they’re getting some pretty bad results.”
“Plus, it’s being taken all over the place. I mean, I would have to look at it very seriously,” he said. “Now I think if you talk about medical, you’re talking about a different ball of wax. But there are a lot of bad results happening in Colorado, and people are talking about it. I’m reading about it. So I would be looking at a couple of different things, but I really would want to study it further, because they’re doing a lot of studies. But you know, some bad medical reports and some bad, bad things are happening with what’s going on in Colorado.”
Discussing legalization during a Fox News interview, Trump said that “in Colorado, the book isn’t written on it yet.”
“There’s a lot of difficulty in terms of illness and what’s going on with the brain and the mind and what it’s doing,” he said. “In some ways I think it’s good and in other ways it’s bad.”
But he reiterated that he supports medical cannabis, saying that “I know people that have serious problems and they did that and it really does help them.”
“By the way, medical marijuana—medical—I am in favor of it 100 percent,” he said.
At a Wisconsin campaign rally in 2016, Trump said he is “watching Colorado very carefully, see what’s happening out there. I’m getting some very negative reports, I’m getting some OK reports, but I’m getting some very negative reports coming out of Colorado as to what’s happening, so we’ll see what happens.”
“There’s a lasting negative impact [from marijuana use]. You do too much of it… There’s a loss of something, so that book has not been written yet but it’s gonna be written pretty soon and I’m not hearing very positive things,” he said, adding that on medical cannabis, “I think I am basically for that. I’ve heard some wonderful things in terms of medical.”
Trump told MSNBC in 2015 that “I don’t really think” people should go to jail for marijuana. However, he added that “I think that maybe the dealers have to be looked at very strongly.”
“You have states all of a sudden legalizing it. So it’s sort of hard to say that you’re in one side of the border and you go to jail and you’re on the other side and can you go into a store and buy it,” he said. “So there is going to be changes made there, Joe, and there has to be… That is a very tough subject nowadays, especially since it’s been legalized and will continue to be legalized.”
In another interview with Fox News, he drew a contrast between recreational and medical marijuana consumption.
The former is “a big problem” that has “tremendously damaging effects to the mind, to the brain, to everything,” he said. But he also said he’s “all for medical marijuana and its help.”
In July 2016, Trump was asked whether he would allow former New Jersey Gov. Chris Christie (R) crack down on legal marijuana states if he were to become attorney general.
“I wouldn’t do that, no,” Trump said. “I think it’s up to the states. I’m a states person. I think it should be up to the states, absolutely.”
— Brandon Rittiman (@BrandonRittiman) July 29, 2016
Personal Experience With Marijuana
Trump said in a radio interview in 2016 that “I never have smoked it.”
He also wrote in one of his books, “The America We Deserve,” that’s he’s never used cannabis or any other drug. “I’ve never taken drugs of any kind, never had a glass of alcohol. Never had a cigarette, never had a cup of coffee,” he said.
In an interview with Fox News in 2016, Trump said, “No I have not [smoked marijuana]. I would tell you 100 percent because everyone else seems to admit it nowadays… I’ve never smoked a cigarette either.”
Part of his aversion to drug use seems to be linked to his brother’s death from alcoholism. “He had a profound impact on my life, because you never know where you’re going to end up,” Trump said.
That said, the president said on several occasions during his first election bid that he personally knows people who have benefitted from using medical cannabis.
Marijuana Under A Second Trump Term
It’s hard to say how Trump will approach marijuana policy if elected to a second term. The past four years have given good reason to assume that a federal crackdown is unlikely, but at the same time, the president hasn’t signaled at any point that he’d be proactive at pursuing reform. From an administrative standpoint, it seems possible that the status quo would be maintained.
What the second term’s impact on cannabis may largely come down to is the makeup of Congress. If Democrats hold the House and retake control of the Senate, there’s broad expectations that they will advance some form of marijuana reform legislation to the president’s desk—whether it be occupied by Trump or Biden. It’s not clear whether Trump would sign or veto a far-reaching bill that House Democrats have signaled they want to advance which would deschedule cannabis and fund social equity efforts to repair some of the harms of the war on drugs. If Republicans maintain their Senate majority, a more limited bipartisan bill to simply exempt state-legal marijuana activity could get a shot—and the incumbent president has already indicated he would support it.
Then again, this president has been inconsistent in his views on marijuana and drug policy over the years, so it’s hard to predict where he might come down on the issue if given another four years in the White House.
Maryland Lawmakers Must Override Governor’s Drug Paraphernalia Decriminalization Veto (Op-Ed)
“Criminalization, marginalization, isolation, injury and death are all part of a largely preventable cycle of harm.”
By Scott Cecil, Maryland Matters
The writer is a regional ambassador of the Baltimore Harm Reduction Coalition.
At the urging of public health professionals and harm reduction advocates during the 2021 session, the Maryland legislature approved Senate Bill 420 decriminalizing the possession of drug paraphernalia. Gov. Larry Hogan’s (R) decision to veto that bill flies in the face of the expertise of those same public health professionals and harm reduction advocates.
His action constitutes a failure to meaningfully respond to the calls to abolish hyper-criminalization in policing, reimagine public safety in our society and address the crisis of accidental fatal drug overdoses in Maryland.
Because of the veto, in Maryland, the tools which may be used to consume drugs will continue to be illegal to possess and use. This makes them scarcer and encourages people to share them with others, putting them at an elevated risk of contracting bloodborne illnesses and disease such as hepatitis and HIV.
Criminalization of paraphernalia is dangerous for all Marylanders, including those who do not use illicit substances, because it increases the likelihood that the public at large and law enforcement personnel can be directly harmed. Under continued paraphernalia criminalization, people who use drugs will continue to be reluctant to hold onto their supplies due to the fear that the police will use possession of these items as a means to search and arrest them.
With the threat of having to interact with law enforcement personnel, drug users are more likely to dispose of paraphernalia in public spaces. Paraphernalia criminalization laws also put law enforcement personnel at greater risk because they are more likely to be endangered by hidden supplies when interacting with or conducting a search of someone’s body or belongings.
Prohibitive drug paraphernalia laws are ostensibly intended to discourage both drug use and the availability of paraphernalia. Decades of the so-called War on Drugs has shown us that aggressive enforcement and criminalization of drug use have not reduced the rate of drug use in our society nor the availability of drug paraphernalia.
Meanwhile, the rates of infectious diseases and accidental fatal overdose deaths among drug users have surged. Last year, more than 93,000 Americans (including approximately 2,800 people in Maryland) died of accidental fatal drug overdoses.
Decriminalization or paraphernalia is rooted in the harm reduction principle of equipping people to use drugs more safely.
This is positive for everyone in the community—including law enforcement agents, by stemming the spread of infectious disease and lifting the stigma which so dangerously isolates people who use drugs.
By contrast, criminalization, and perceived suspicion of criminal activity—like illicit drug use—is far too often used as a means for law enforcement personnel to target historically marginalized groups, such as people living with mental illnesses and people who are surviving without access to housing. These folks are more likely to be suffering from substance use disorders, thereby placing them at extremely elevated risk of injury or death from drug use.
Criminalization, marginalization, isolation, injury and death are all part of a largely preventable cycle of harm. And criminalization is perhaps the only part of that cycle which can be meaningfully and quickly addressed by public policy and law.
The Maryland legislature understood this when they passed SB420 into law earlier this year. It is unfortunate that Gov. Hogan has failed to acknowledge this reality.
His statement on the veto demonstrates that he either lacks a sufficient understanding of the expertise of public health professionals and harm reduction advocates, or that his decision making on this issue has been clouded by outdated, misleading or simply false drug-warrior misinformation.
It is now up to the Maryland legislature to override his veto.
Maryland must be led down a path which has the greatest chances of success for reducing the risks associated with drug use for all Marylanders (including those who do not use illicit drugs) and stemming the tide of accidental fatal overdoses in Maryland which have reached catastrophic proportions.
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Pennsylvania’s Lieutenant Governor Wants To Process As Many Marijuana Pardons As Possible Before Leaving Office
The lieutenant governor of Pennsylvania is stepping up his push to get marijuana records cleared, promoting an expedited petition program that he hopes will provide relief to thousands of people negatively impacted by prohibition.
In an interview with KDKA that aired last week, Lt. Gov. John Fetterman (D) said one of his key goals in his final year in office is to ensure that as many eligible people as possible submit applications to have the courts remove their cannabis records and restore opportunities to things like housing, student financial aid and employment.
When the Pennsylvania BOP convenes next week, we’ll approve many more.
Serving up a 2nd Chance in PA- for FREE.
— John Fetterman (@JohnFetterman) November 26, 2021
“I’m a fervent believer in second chances. And one of the things I quickly discovered was that people’s lives were just being ruined by these silly charges, and you have all this unnecessary review [to seal records],” Fetterman, who chairs the state Board of Pardons, said.
“This is a plant that’s legal in many jurisdictions across America, and it’s not a big deal, but you go through your life in many cases a convicted felon, and that excludes you from a lot of opportunities,” he said. “So I developed an expedited review process that I encourage everybody to partake in.”
There are about 20,000 marijuana-related cases in Pennsylvania each year, he said. And some eligible cases go back decades, including one case that recently went through the petition process where a man had a felony conviction on his record for possession of eight ounces of cannabis that dates back to 1975.
“If you’ve got some stupid charge like that on your record, it doesn’t cost anything to apply, and we can get that off your your permanent record,” the lieutenant governor said. “I don’t care how conservative or how liberal you are politically. I don’t think we as a society should be really damaging people’s future for consuming a plant that is now legal in many jurisdictions—and soon will be in Pennsylvania.”
As the chair of Pennsylvania’s Board of Pardons, I’ve been pushing + delivering expedited pardons for weed convictions.
— John Fetterman (@JohnFetterman) November 22, 2021
While both Fetterman and Gov. Tom Wolf (D) support mass expungements of cannabis convictions, he said that, right now, this is “the only way to free records.”
But the official is optimistic about the prospect of future reform to both legalize marijuana in the state and provide an even more effective process to get past convictions sealed. He pointed to a legalization bill that was recently filed by a Republican lawmaker as an example of the “evolution towards this” and described the legislation’s introduction as “a quantum leap in acknowledging it.”
For now, however, he’s doing what he can to raise awareness about the expedited petition program under the Pennsylvania Board of Pardons. People with non-violent marijuana convictions can apply for free on the board’s website.
“I’m lieutenant governor for a little over a year, and we want to get as many people free of these silly convictions and charges that are holding the record back,” Fetterman said. “The application doesn’t cost anything. You don’t need an attorney. And our turnaround time is, right now, down to three to four months.”
Thank you for having me on.
Get that stupid weed charge off your record for FREE.
⏱ Process only takes months
🔜 Get your application in ASAP https://t.co/m2pYjZtANm
— John Fetterman (@JohnFetterman) November 17, 2021
In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marked his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses.
Meanwhile in Pennsylvania, a lawmaker introduced a bill last month to expand the number of medical marijuana cultivators in the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations that’s created supply problems.
Separately, bipartisan Pennsylvania senators said this month that they are introducing a bill to allow medical marijuana patients to cultivate their own plants for personal use.
A much-anticipated bipartisan Senate bill to legalize marijuana in Pennsylvania that has been months in the making was formally introduced last month.
Sens. Dan Laughlin (R) and Sharif Street (D) unveiled the nearly 240-page legislation months after first outlining some key details back in February. It would allow adults 21 and older to purchase and possess up to 30 grams of cannabis, five grams of marijuana concentrate products and 500 milligrams of THC contained in cannabis-infused products.
Meanwhile, Rep. Amen Brown (D) recently announced his intent to file a reform bill that he’ll be working on with Sen. Mike Regan (R), who expressed his support for the policy change a day earlier.
Additionally, a separate pair of state lawmakers—Reps. Jake Wheatley (D) and Dan Frankel (D)—formally unveiled a legalization bill they’re proposing.
While each measure generally seeks and end to marijuana criminalization by creating a regulated, commercial model for cannabis, there are some provisions that make each piece of legislation unique. For example, the proposals vary in how they would approach taxes, revenue and social equity.
While these recent moves to enact reform in the GOP-controlled legislature are encouraging to advocates, a spokesperson for House Majority Leader Kerry Benninghoff (R) recently tempered expectations, saying that there’s “no significant support for the legalization of recreational marijuana in the House Republican caucus.”
Fetterman, who is running for U.S. Senate, told Marijuana Moment in a recent phone interview that he’s optimistic about the prospects of reform with these latest proposals, though he acknowledged that there may be disputes between legislators over how tax revenue should be distributed.
Wolf, for his part, has said that a bipartisan approach to legalization “would be a great thing. I think the time is right.”
Philadelphia voters also approved a referendum on marijuana legalization this month that adds a section to the city charter saying that “the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.”
Wolf said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.
The governor, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.
A survey from Franklin & Marshall College released this month found that 60 percent of Pennsylvania voters back adult-use legalization. That’s the highest level of support for the issue since the firm started polling people about it in 2006.
An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature last week, apparently due to pushback by the state police association.
Mexican Senators Circulate Draft Marijuana Legalization Bill, With Vote Expected Within Weeks
A draft bill to legalize and regulate marijuana sales in Mexico is being circulated among senators, and a top lawmaker says the plan is to vote on the proposal before December 15.
While the legislation hasn’t been formally introduced yet, the draft measure largely reflects an earlier version the Senate passed late last year, with some revisions.
Senate Majority Leader Ricardo Monreal Avila of the ruling MORENA party has been pushing for the reform and recently said that there’s agreement among leading lawmakers to prioritize legislation to regulate cannabis.
▶️ La elección de ministra o ministro de la @SCJN y de magistrados del Tribunal Electoral en 17 estados, así como la regulación del cannabis; son algunos de los temas que el presidente de la Junta de Coordinación Política, @RicardoMonrealA, espera se aprueben pronto en el Senado. pic.twitter.com/YIzgA5wcLn
— Senado de México (@senadomexicano) November 22, 2021
The Mexican Supreme Court declared nearly three years ago that the country’s prohibition on the personal possession and cultivation of cannabis was unconstitutional. Lawmakers were then obligated to enact the policy change but have since been unable to reach a consensus on legislation to put in place regulations for a marijuana program.
At the request of legislators, the court agreed to extend its deadline for Congress to formally end prohibition on multiple occasions. But because of the repeated failed attempts to meet those deadlines, justices ultimately voted to end criminalization on their own in June.
Monreal previously said that the stage is set for lawmakers to actually pass a marijuana legalization bill during the new session after multiple attempts in recent years fell short of getting over the finish line.
Under the draft bill that’s currently being circulated, adults 18 and older would be allowed to purchase and possess up to 28 grams of marijuana and cultivate up to six plants for personal use.
Members of the Senate Health and Justice Committees were tapped to formulate the draft of a cannabis bill.
Es importante recordar que el anteproyecto de regulación de #cannabis que fue circulado no ha sido presentado oficialmente. Aún falta unos pasos. Diría que es una ley digna de aprobarse con algunos ajustes menores (eliminar posesión simple y restricciones a clubes). #UrgeRegular
— Zara Snapp (@zarasnapp) November 24, 2021
The text of the measure states that the purpose of the reform is to promote “public health, human rights and sustainable development” and to “improve the living conditions of the people who live in the United Mexican States.”
It would further “prevent and combat the consequences of problematic consumption of psychoactive cannabis and contribute to the reduction of the crime incidence linked to drug trafficking, promoting peace, security and individual and community well-being.”
Regulators would be tasked with developing separate rules to regulate cannabis for adult-use, research and industrial production.
The bill would establish a Mexican Institute for the Regulation and Control of Cannabis, which would be a decentralized body under the Ministry of Health. It would also be responsible for issuing licenses, overseeing the program and promoting public education campaigns around marijuana.
Retail licenses would need to be issued within 18 months of the enactment of the law.
In order to “compensate the damages generated by the prohibition,” the bill states that at least 40 percent of marijuana cultivation licenses would need to go to communities most impacted by cannabis criminalization for at least the first five years of implementation. After that point, at least 20 percent of licenses would need to be reserved for equity applicants.
After the Supreme Court independently invalidated prohibition earlier this year, advocates stressed that the decision underscores the need for legislators to expeditiously pass a measure to implement a comprehensive system of legal and regulated sales. They want to ensure that a market is established that’s equitable, addresses the harms of criminalization on certain communities and promotes personal freedom.
Advocates are pleased to see Senate leadership take seriously the need to establish regulations and provide access to cannabis for adults, but they have identified some provisions as problematic.
For example, possessing more than 200 grams of marijuana could still result in prison time.
❌ Se sigue penalizando la posesión simple, es decir, la posesión para fines de consumo personal (no suministro ni comercio). Esto quiere decir que, si posees más de 200 gramos, puedes ser condenado de 10 meses a 3 años de prisión.
— México Unido (@MUCD) November 23, 2021
Senate President Olga Sánchez Cordero, who previously served at a cabinet-level position in President Andrés Manuel López Obrador’s administration, recently said that “there is no longer room for the prohibitionist policy.” And she also says the influence of the U.S. is to blame for failed marijuana criminalization laws in her country.
The Senate approved a legalization bill late last year, and then the Chamber of Deputies made revisions and passed it in March, sending it back to the originating chamber. A couple of Senate committees then took up and cleared the amended measure, but leaders quickly started signaling that certain revisions made the proposal unworkable.
After the Chamber of Deputies previously approved the Senate-passed legalization bill, senators said that the revised proposal was critically internally conflicted—on provisions concerning legal possession limits, the definition of hemp and other issues—and lawmakers themselves could be subject to criminal liability if it went into effect as drafted.
But Monreal said in April that if the court were to make a declaration of unconstitutionality before a measure to regulate cannabis was approved, it would result in “chaos.”
The top senator also talked about the importance of lawmakers taking their time to craft good policy and not rush amidst lobbying from tobacco and pharmaceutical industry interests.
“We must not allow ourselves to be pressured by interests,” he said at the time. “The Senate must act with great prudence in this matter.”
Sen. Eduardo Ramírez Aguilar of the MORENA party said in April that “at this time, it is important to legislate in the terms that are presented to us” and then consider additional revisions to cannabis laws through subsequent bills.
That’s the position many legalization advocates took as well, urging lawmakers to pass an imperfect bill immediately and then work on fixing it later.
Mexico’s president said in December that a vote on legalization legislation was delayed due to minor “mistakes” in the proposal.
The legalization bill cleared a joint group of Senate committees prior to the full floor vote in that chamber last year, with some amendments being made after members informally considered and debated the proposal during a virtual hearing.
Members of the Senate’s Justice, Health, and Legislative Studies Committees had approved a prior version of legal cannabis legislation last year as well, but the pandemic delayed consideration of the issue. Sen. Julio Ramón Menchaca Salazar of the MORENA party said in April that legalizing cannabis could fill treasury coffers at a time when the economy is recovering from the health crisis.
As lawmakers work to advance the reform legislation, there’s been a more lighthearted push to focus attention on the issue by certain members and activists. That push has mostly involved planting and gifting marijuana.
Late last year, Sánchez Cordero, then a top administration official, was gifted a cannabis plant by senator on the Senate floor, and she said she’d be making it a part of her personal garden.
A different lawmaker gave Sánchez Cordero, a marijuana joint on the floor of the Chamber of Deputies in 2019. That joint is now framed and hangs in her office.
Cannabis made another appearance in the legislature last year, when Sen. Jesusa Rodríguez of the MORENA party decorated her desk with a marijuana plant.
Drug policy reform advocates have also been cultivating hundreds of marijuana plants in front of the Senate, putting pressure on legislators to make good on their pledge to advance legalization.
Read the draft marijuana legalization bill that’s being circulated in Mexico’s Senate below: