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Where Presidential Candidate Andrew Yang Stands On Marijuana

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Entrepreneur Andrew Yang entered the race to become the 2020 Democratic presidential nominee way back on November 6, 2017 and suspended his campaign on February 11, 2020.

While marijuana hasn’t played a central role in Yang’s campaign, he supports legalization and has proposed several drug policy reforms since announcing his candidacy. That includes plans to decriminalize opioid possession and provide waivers for military veterans to access medical cannabis.

This piece was last updated on February 11, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race. It will continue to be updated on a rolling basis.

Legislation And Policy Actions

Yang has never before held public office, so he doesn’t have a record of policy accomplishments to review. Instead, in addition to being an entrepreneur, he’s worked in the nonprofit sector and as a philanthropist who has earned accolades for his efforts to create job opportunities for disadvantaged communities.

On The Campaign Trail

Since launching his campaign, Yang has advocated for ending marijuana prohibition, stating that “it’s already legal” in a growing number of states and that “criminalizing it does more harm than good.” He’s also pledged to “pardon those in prison for non-violent marijuana-related offenses.”

In January 2020, the candidate proposed legalizing psilocybin mushrooms for medical purposes for military veterans. He previously said that the federal government should loosen its psychedelics laws to make substances like psilocybin “more freely available” for therapeutic use.

Yang said in a podcast interview that legalizing “certain drugs” could be one tool to combat drug cartel violence.

Another part of his campaign includes a bold proposal to decriminalize possession and use of opioids as a means of mitigating the drug crisis.

“While those who brought this plague on our citizens must face serious consequences, we need to make sure that those who are afflicted by the illness of addiction are treated and not criminalized,” the site states. “The individuals behind pharmaceutical companies who promoted these drugs as non-addictive while knowing better are the ones who belong in jail, not those who fell prey to addiction.”

“It is possible that criminalizing opiates decreases access and use. But for a public health crisis of this magnitude, the criminal justice system seems to be a terrible first resort. It pushes a lot of the activity underground and makes addicts more likely to hide their addiction. Addiction is a disease—you shouldn’t criminalize people that you are trying to help. Especially when it may be partially your fault that they got addicted in the first place.”

In December 2019, the candidate said that the government should invest in safe injection facilities where people can use illicit substances in a medically supervised environment to prevent overdoses and encourage them to seek treatment.

Yang was asked at a presidential debate about how he would fund his proposal to send people who overdose on opioids to mandatory, three-day treatment. He said that pharmaceutical companies should foot the bill.

“As president, we will take back those profits [from drug companies that market opioids] and put them to work right here in New Hampshire so that if you are seeking treatment, you have resources to be able to pursue it,” he said. “This is not a money problem fundamentally, this is a human problem. But money cannot be the obstacle.”

Yang drew attention in April when he said he’d pardon all non-violent drug offenders on the unofficial marijuana holiday 4/20.

“I would legalize marijuana and I would pardon everyone who’s in jail for a non-violent, drug-related offense,” he said. “I would pardon them all on April 20, 2021 and I would high five them on their way out of jail.”

But shortly after making that pronouncement, Yang walked back his proposal, saying that only those convicted of nonviolent marijuana offenses would be eligible under his mass clemency plan.

He also moved the date up for his proposed pardons, stating in a fundraising email in August that he would use his executive powers on his “first day as President” to pardon “every person imprisoned for a low-level, non-violent marijuana offense.”

In February 2020, Yang again talked about his pardon plan, this time with his two young sons playing on a stage during a New Hampshire campaign stop. He again seemed to shift the scope of the plan, however, saying he’d pardon everyone jailed “for a non-violent drug-related offense.”

His campaign website does state that the candidate would institute a policy of identifying non-violent drug offenders “for probation and potential early release.”

In December 2019, Yang contrasted rampant opioid prescriptions with the ongoing criminalization of marijuana.

He also tweeted that “[i]nstead of pardoning billionaires I’d pardon non-violent marijuana and opiate offenders.”

The candidate said that the “criminalization of marijuana is stupid and racist, particularly now that it’s legal in some states.”

“We should proceed with full legalization and pardon of those in jail for non-violent marijuana-related offenses,” he said.

“I’m for the legalization of marijuana, remove it from the controlled substance list in part because our administration of the criminal laws are deeply racist. It’s very obvious to everyone,” Yang said during an appearance on The Breakfast Club in March 2019. “On April 20, 2021, I’m going to pardon everyone who’s in prison for a non-violent drug offense because it makes no sense to have people in jail for stuff that’s legal in some parts of the country.”

He also made that point during an interview on the Joe Rogan Experience in February.

After former Vice President Joe Biden said that marijuana may be a gateway drug and that’s partly why he opposes legalization, Yang predicted that his opponent would “ end up evolving on this issue over time if he sees the same evidence that I have.”

Sen. Cory Booker (D-NJ) attacked Biden over the remark during a presidential debate, joking that the candidate must have been high when he made it. Yang said the joke was “a good moment” for the senator but that it’s “not really my style to even make a joke like that towards Joe.”

The candidate shared photos of himself surrounded by dozens of trimmed marijuana plants at an unnamed facility in November.

“Marijuana should be legal nationwide,” he wrote on Twitter. “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.”

In October, Yang said that Canada legalized cannabis and that the U.S. “should follow suit and remove it from the federal controlled substance list and then regulate.”

In an interview with The Hill in September, the candidate reiterated that “in addition to decriminalizing marijuana, I would decriminalize opiates for personal use.”

“We need to decriminalize opioids for personal use. We need to let this country know this is not a personal failing, this was a systemic government failing,” Yang said during a Democratic presidential debate in October. “Then we need to open up safe consumption and safe injection sites around the country because they save lives.”

During a CNN town hall event in April, Yang pointed to countries such as Portugal that have decriminalized personal consumption of drugs, arguing that those engaged in drug trafficking should be held accountable in the criminal justice system but that those caught possessing small amounts of illicit substances should be referred to treatment.

However, he said his proposal would apply to opioids and specifically not cocaine because, he said, “the addiction has very different features.”

Yang also cited Portugal as an example of a country whose drug policy supports his proposal to decriminalize opioids in a Quora post in September.

“When you look around the world when they have decriminalized these drugs for personal use, so if you’re a dealer you go to jail but if you’re an addict and we catch you with the drugs, we don’t send you to jail we send you to counseling and treatment and this brings down both overdose rates and abuse rates over time,” he said in an interview with a Boston CBS affiliate.

In August, Yang started selling campaign merchandise that incorporated his passion for math and marijuana reform. For example, his site offers a $30 t-shirt that read, “Math. Money. Marijuana.”

The candidate also launched an online petition calling for marijuana legalization that month.

Yang released a plan that would provide military veterans with waivers so that they can access medical cannabis, even in states where it’s not legal.

“The scientific evidence that certain controlled substances—particularly marijuana—are particularly effective at treating certain ailments common to veterans (e.g., PTSD) and for pain management,” he said.

Asked if he felt any particular substances beside marijuana hold promise in the treatment of such conditions, Yang told Marijuana Moment through a Twitter direct message that MDMA represents one example of a drug that should be considered.

In August 2018, Yang wrote that while he’s for legalization, “many users do find it addictive and we should have intelligent safeguards in place like limiting advertising and THC levels. We should learn from our past.”

During a campaign stop in Portland, Yang signed a bong.

Andrew Yang signed a bong in Portland from YangForPresidentHQ

Previous Quotes And Social Media Posts

It does not appear that Yang discussed marijuana publicly or on social media prior to filing his presidential campaign with the Federal Election Commission in November 2017.

Personal Experience With Marijuana

Asked whether his plan to grant mass pardons to people with nonviolent marijuana convictions on 4/20 signaled that he used cannabis himself, Yang said it simply meant that he knows people who smoke it but that he hasn’t personally indulged.

“I was a pretty geeky Asian dude and, you know, my parents did a pretty good job of keeping me steering clear of certain things,” he told HOT 97 in April 2019. “I have many friends who partake.”

“I have a lot of friends who are using marijuana for medicinal and pain relief purposes,” he said. interview. “It’s much less lethal than let’s say opiates that are killing eight Americans every hour.”

Jokingly asked whether he had a favorite blunt wrap brand, the candidate said he “cannot speak to what my preference would be.”

In a later interview, Yang admitted that he used cannabis in a “past life.”

Marijuana Under A Yang Presidency

Though Yang is best known for his economic plans—namely providing each American with a universal basic income—he’s laid out several bold drug policy reform proposals throughout his campaign. While he hasn’t endorsed any particular piece of marijuana legislation, his support for legalization, and broader plans to eliminate criminal records for those with non-violent cannabis convictions, indicate he would be an ally in the marijuana reform movement if elected president.

Where Presidential Candidate Joe Sestak Stands On Marijuana

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

White House Completes Review Of CBD Guidance From FDA

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The White House recently completed its review of pending Food and Drug Administration (FDA) guidance on marijuana and CBD research—though it remains to be seen whether the draft document will ultimately be released to the public.

FDA submitted its proposed plan—titled “Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research”—to the Office of Management and Budget (OMB) in May. Few details are known about its contents, but an FDA spokesperson previously told Marijuana Moment that it could inform the agency’s approach to developing regulations for the marketing of CBD.

OMB finished its review last week, as first reported by InsideHealthPolicy. This comes days after a spending bill for FDA was released that includes a provision providing “funding to develop a framework for regulating CBD products.”

Despite the review being finalized, however, an FDA representative told Marijuana Moment on Friday that the agency “cannot provide an update of when (or even if) this guidance will issue.”

“It will be announced via the Federal Register should it move to publication,” they said.

It’s not entirely clear why the guidance wouldn’t be published in the end, but it may take some time for FDA to implement any edits suggested by the White House over the past month, and it’s possible there are additional layers of review beyond OMB that could determine when and whether it will be finalized.

It also remains to be seen whether FDA plans to wait for this specific guidance to be finalized and for the resulting research to be completed before it gets around to issuing final rules for CBD products in general. Stakeholders have been eagerly awaiting those regulations so they can fully take advantage of the legalization of hemp and its derivatives.

Former FDA Commissioner Scott Gottlieb said in May that White House policies requiring OMB to review scientific documents in the first place represent an onerous step that’s delayed the issuance of guidance.

Beyond sending the draft research plan to the White House for review, FDA is also soliciting public input about the safety and efficacy of CBD in comment period it has decided to keep open indefinitely. The agency said in an update to Congress in March that it has several specific questions it wants answered before deciding whether the cannabidiol can be lawfully marketed. That includes questions about the impact of different methods of consumption and drug interactions.

This week, FDA submitted a report to Congress on the state of the CBD marketplace, and the document outlines studies the agency has performed on the contents and quality of cannabis-derived products that it has tested over the past six years.

In the meantime, FDA is maintaining enforcement discretion when it comes to action against companies that sell CBD products regardless of the lack of regulations and has said it is currently targeting sellers that make especially outlandish or unsanctioned claims about the therapeutic value of their products.

It sent a warning letter to a CBD company owned by a former NFL player after advertisements it displayed suggested its products could treat and prevent a coronavirus infection, for example.

FDA sent a letter warning to a company about its marketing of injectable CBD products that led to a voluntary recall in May.

The agency also publicized a voluntary recall of another CBD product from a different company, notifying consumers about potentially high levels of lead in a batch of tinctures.

FDA has previously issued warnings to other CBD companies that have made unsubstantiated claims about the therapeutic potential of their products.

Veterans Working In Marijuana Industry Aren’t Automatically Blocked From Home Loans, VA Says

Photo by Kimzy Nanney.

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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Veterans Working In Marijuana Industry Aren’t Automatically Blocked From Home Loans, VA Says

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The U.S. Department of Veterans Affairs (VA) recently clarified to Congress that it does not have a policy automatically barring veterans from receiving home loans solely because they work in the marijuana industry—and now a key House committee is asking the department to better communicate that to lenders and would-be borrowers.

For the past year, Rep. Katherine Clark (D-MA) and other lawmakers have been pressing VA on difficulties some veterans have faced in securing the benefit, with at least one constituent telling Clark that they were denied a home loan because of their work in the state-legal cannabis market. That prompted the congresswoman to circulate a sign-on letter and introduce an amendment to resolve the problem.

However, in a report submitted to Congress last month that was obtained by Marijuana Moment, VA said there is no policy on the books that calls for home loan denials due to employment at a cannabis business. Instead, the department clarified that conflicting state and federal laws makes it “difficult to prove the stability and reliability of cannabis-derived income,” which are key factors in determining loan eligibility.

“VA is committed to working diligently to serve our Nation’s Veterans by providing eligible Veterans with home loan guaranty benefits,” VA said. “There is nothing in VA statutes or regulations that specifically prohibits a Veteran whose income is derived from state-legalized cannabis activities from obtaining a certificate of eligibility for VA home loan benefits. However, given the disparity between Federal and State laws on cannabis, determining whether such a Veteran is able to obtain a loan has become a complex issue.”

A person’s “reliance on [marijuana-derived] income may hinder a Veteran’s ability to obtain a VA-guaranteed home loan, a result that is consistent with other federal housing programs,” the report states. “VA also notes that many lenders have established their own income thresholds and policies on overlays, which are often more stringent than VA’s requirements, to ensure that the VA-guaranteed loan will be purchased by an investor in the secondary mortgage market.”

In other words, individual lending companies may be denying home loans to veterans because the cannabis industry-derived income they would use to pay back loans isn’t necessarily stable and reliable due to the fact that federal officials could shut down their employers at any time.

If that’s the case, then it doesn’t appear it would be necessary to pass legislation targeting the narrow issue in the way lawmakers did last year. Clark’s amendment to address the problem was approved by the House as part of a defense spending bill—though leaders in the chamber agreed to scrap it after the Senate didn’t include it in its version of the legislation.

The House Appropriations Committee also approved report language last year attached to the bill that funds VA expressing concern that the department “has never publicly stated its position on this matter, hindering Veterans’ ability to fully understand and consider how employment decisions could affect future eligibility for earned benefits.”

The newly released explanation from VA is a result of that provision.

Now, for the next fiscal year, a new report attached to the latest Military Construction, Veterans Affairs, and Related Agencies spending bill acknowledges VA’s recent policy clarification—but lawmakers are asking the department to do more.

“The Committee understands that as directed by House Report 116–63, VA has clarified that nothing in VA statutes or regulations specifically prohibits a Veteran whose income is derived from state-legalized cannabis activities from obtaining a certificate of eligibility for VA home loan benefits,” the report states. “The Committee directs the VA to improve communication with eligible lending institutions to reduce confusion among lenders and borrowers on this matter.”

Clark told Marijuana Moment that “no veteran should be denied benefits simply because they work within the legal cannabis industry.”

“This must be crystal clear in our laws and communicated directly to both borrowers and lenders,” the congresswoman said. “By including this language, we’re eliminating any doubt about the rights of our service members and protecting their ability to access what they’ve rightfully earned.”

In other veterans and cannabis news this year, the Congressional Budget Office released an analysis on a marijuana research bill for veterans and determined that it would have no fiscal impact. And a federal commission issued recommendations to promote research into the therapeutic potential of both cannabis and psychedelics such as psilocybin mushrooms and MDMA.

Read VA’s report on its home loan policy for veterans working in the marijuana industry below:

VA Response On Home Loans F… by Marijuana Moment on Scribd

FDA Updates Congress On CBD Product Labelling Accuracy

Photo courtesy of Mike Latimer.

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Idaho Medical Marijuana Activists Ask State For Electronic Signature Gathering Option Following Court Ruling

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Idaho activists have formally requested that the state allow them to collect signatures electronically for a medical cannabis legalization initiative following a series of federal court rulings on the issue in a case filed by a separate campaign.

While the signature submission deadline passed in May, advocates for an education funding campaign filed a suit against the secretary of state, arguing that social distancing restrictions that were put in place due to the coronavirus pandemic meant the state should give them more time to digitally petition. The judge agreed and ordered the state to allow them to do so for 48 days starting Thursday.

The marijuana reform campaign feels that the same relief should be extended to them as well, and an attorney representing the group sent a letter to the secretary of state this week, asking that the Elections Division also provide cannabis activists with the digital petitioning and deadline extension concessions that the federal judge granted to the education funding group.

In one of the latest developments, the state’s request to the U.S. Court of Appeals for the Ninth Circuit to temporarily force the suspension of electronic signature gathering was denied on Thursday, though the appeal on the broader case is ongoing. That’s given the cannabis activists more hope as they pursue legal routes to have the lower court’s ruling apply to them.

Russ Belville, campaign spokesperson for the Idaho Cannabis Coalition, told Marijuana Moment that the group was “thrilled” to see the appeals court refuse to stay the electronic signature gathering decision.

“Our attorneys are working to convince the state to provide our Idaho Medical Marijuana Act petition the same electronic signature gathering relief, as we have suffered the same infringement of our petitioning rights,” he said. “It’s a shame it takes a pandemic to even consider allowing electronic signatures on petitions. Idaho should make every effort to make exercising our rights as easy as possible, especially for sick, disabled, elderly, infirm and rural folks without easy access to an in-person petitioner.”

In the new letter to Idaho Secretary of State Lawerence Denney, attorney Bradley Dixon said his client “has standing to pursue a remedy given the impact that the COVID-19 restrictions have had upon it.” The campaign “can show (1) they have suffered an injury in fact, which is both concrete and particularized, and actual or imminent; (2) their injury is fairly traceable; and (3) their injury will likely be redressed by a favorable outcome.”

“Moreover, just like Reclaim Idaho, as illustrated above, our client can show that it was diligent in collecting signatures and had adopted a thorough plan to achieve ballot success in advance of the unforeseeable coronavirus outbreak. Considering the merits of a possible case, our client’s First and Fourteenth Amendments rights have been harmed because the State of Idaho and its agents did not provide an alternative means to signature collection during the stay at home order, or during any of the phased reopening stages.”

The state’s stay-at-home order “made it impossible to retrieve all statutorily-required signatures because of both the reduction in time to collect such signatures, and the deadline date to obtain signatures falling on the same day as the end of the stay at home order,” the attorney said.

If the campaign is ultimately allowed to proceed with signature gathering, they will need 55,057 valid signatures to qualify for the November ballot. Activists said they have about 45,000 unverified signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.

The group has indicated it is prepared to seek relief directly from the courts if the secretary of state does not comply with their request to his office.

Under the proposed ballot measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.

Advocates say that passing medical cannabis in one of the remaining states without such policies on the books would be a significant victory for patients in its own right—but it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently pending action in a Senate committee chaired by a senator who represents the state.

Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.

Read the letter to the secretary state on allowing electronic signature gathering for medical marijuana below:

Idaho Secretary of State Re… by Marijuana Moment on Scribd

Oregon Voters Will Decide On Legalizing Psilocybin Therapy In November, State Announces

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