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Where Presidential Candidate Bernie Sanders Stands On Marijuana

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Sen. Bernie Sanders (I-VT) announced that he’s making another run for the Democratic presidential nomination on February 19, 2019 and he suspended his campaign on April 8, 2020.

From his time as the mayor of Burlington, Vermont, to his years in the U.S. Senate, Sanders has established himself as a champion of drug policy reform, particularly when it comes to marijuana. NORML gave the senator an “A+” grade based on his legislative track record.

This piece was last updated on April 8, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race.

Legislation And Policy Actions

Sanders has been behind some of the earliest and most wide-ranging legislative efforts to fundamentally change federal cannabis laws. He was the first major presidential candidate to endorse marijuana legalization during his last bid and, in 2015, filed the first-ever Senate bill to end federal cannabis prohibition.

He’s also attached his name to a number of reform bills in Congress, going back to his time in the House, as well as during his Senate tenure. That includes recent pieces of legislation such as the Marijuana Justice Act, which would remove marijuana from the Controlled Substances Act (CSA) and punish states with discriminatory enforcement, as well as the Marijuana Freedom and Opportunity Act, which would federally deschedule cannabis.

More than 20 years ago, Sanders cosponsored a House bill to legalize and regulate medical marijuana. He also signed onto legislation that would reschedule cannabis and protect states with legal medical cannabis. He cosponsored versions of that bill in the 107th, 108th and 109th Congresses.

When Sanders arrived in the Senate, he began supporting efforts to reform federal hemp laws. He cosponsored three versions of a bill introduced by Sen. Ron Wyden (D-OR) to remove hemp from the definition of marijuana under the CSA, for example. And last Congress, he put his name on legislation to legalize industrial hemp.

The senator also backed bills to shield banks from federal prosecution if they choose to accept marijuana business accounts in legal states.

In November 2019, Sanders cosponsored a bill that would effectively legalize medical cannabis for military veterans.

On four occasions in the House, Sanders voted in favor of amendments to protect legal medical marijuana states from federal intervention. He voted against a resolution in 1998 that was meant to express “the sense of Congress that marijuana is a dangerous and addictive drug and should not be legalized for medicinal use.”

Also during his time in the House, Sanders was critical of the now-notorious 1994 Crime Bill, arguing that it was “not a crime prevention bill” but “a punishment bill, a retribution bill, a vengeance bill.” However, he ultimately voted for it, and said he did so because it included provisions he did support such as the Violence Against Women Act.

In a 2015 Ask Me Anything session on Reddit, Sanders recalled that during his time as mayor of Burlington, Vermont, the local police “had more important things to do” than arrest people for using cannabis.

On The Campaign Trail

Sanders released a marijuana reform plan in October that outlines steps he would take to end federal cannabis prohibition and ensure that the industry is equitable if he is elected president.

The senator said he would deschedule cannabis through executive order within 100 days of his administration, support efforts in Congress to make that policy permanent and move to expunge the records of those with prior convictions.

But that timeline got pushed up significantly in February 2020 when Sanders said he would use executive action to federally legalize marijuana in all 50 states on the first day of his presidency.

Top campaign aides reportedly included marijuana legalization in a list of proposed executive orders that Sanders could issue in the early days of his presidency, though Marijuana Moment talked to a number of experts who raised serious questions about whether a president can unilaterally legalize cannabis as he’s proposed.

When pressed on the feasibility of unilateral legalization action, a spokesperson for Sanders said that as president he would “pursue every avenue possible” to achieve the reform.

At a Chicago rally, the senator invited a crowd of about 15,000 supporters to witness him signing an executive order to legalize cannabis.

At a Democratic debate in February, Sanders was pressed on his legalization plan.

“We have a criminal justice system today that is not only broken, it is racist. We’ve got more people in jail than in any other country on earth, including China. One of the reasons for that is a horrific war on drugs,” he said. “I do believe that on day one, we will change the federal Controlled Substances Act which, if you can believe it, now equates heroin with marijuana. That’s insane.”

He also said at the debate that minorities should be empowered to participate in the cannabis industry—a point that some pushed back on but was later defended by the Minority Cannabis Business Alliance.

His initial plan also contained several other unique proposals, including a ban on participation in the industry by tobacco companies, encouraging cannabis firms to be incorporated as cooperatives or nonprofits and enacting market and franchise caps.

In an interview on Showtime’s Desus & Mero, Sanders emphasized the need to prevent large corporations from taking over the industry.

“[A]s we move toward the legalization of marijuana, I don’t want large corporations profiting,” he said. “I want the people who’ve been hurt the most to be able to benefit. The folks who should be involved in the legal marijuana business will be people of color.”

The cannabis industry pledges build on an earlier criminal justice plan Sanders released, which also called for marijuana legalization as well as the implementation of safe consumption sites for other currently illegal drugs.

“It is time to admit the criminalization of marijuana was a disaster, especially for communities of color, and allow those most impacted to move forward with their lives,” the plan says. “Our job now is to legalize marijuana and vacate and expunge past marijuana convictions, and ensure that revenue from legal marijuana is reinvested in communities hit hardest by the War on Drugs.”

Prior to the South Carolina primary, his campaign released an ad touting Sanders’s support for cannabis legalization.

During a campaign event in New Hampshire in February 2020, Sanders reiterated his pledge to legalize marijuana nationwide through executive action, and he also admitted he wasn’t as familiar with the consequences of the drug war prior to running for president.

Sanders discussed his promise for immediate legalization at several other events that month.

Watch Sanders talk about the proposal below, around 29:40:

At a Democratic presidential debate just before the New Hampshire primary, Sanders said he wants to “end the war on drugs, which has disproportionately impacted African Americans, Latinos and Native Americans.”

He added that private prisons should be abolished, characterizing them as a part of a “racist system, from top to bottom.”

His campaign site states that Sanders will “legalize marijuana and vacate and expunge past marijuana convictions, and ensure that revenue from legal marijuana is reinvested in communities hit hardest by the War on Drugs.”

It also says he will “[e]nd, once and for all, the destructive “war on drugs,” including legalizing marijuana.”

“We must finally put an end to the disastrous, so-called ‘War on Drugs,’” he said in February 2020. “This includes legalizing marijuana, releasing those imprisoned because of it, expunging their records, and investing in the communities devastated by this decades-long assault.”

Following the release of Sanders’s cannabis reform plan, one of his top advisors said that the senator isn’t ruling out covering medical marijuana through his Medicare for All proposal.

Sanders released a plan for military veterans on Veterans Day that called for doctors at the U.S. Department of Veterans Affairs to be able to recommend medical cannabis to their patients and also help those discharged for marijuana offenses apply for a review of their case.

Sanders was among several lawmakers who said in September that comprehensive marijuana reform that addresses social equity should be prioritized before Congress passes a cannabis banking bill that is viewed as largely friendly to the industry.

The candidate has repeatedly stressed that prohibition has disproportionately impacted communities of color and talked about the need for social equity in the legal market.

“We cannot let corporate America take over hemp and marijuana,” he said in Iowa in June. “The people who suffered, the people who went to jail, the people who were arrested deserve to be able to make some money from what is now legal.”

“The American people are united on issue after issue,” he tweeted in November, linking to a Marijuana Moment article on a poll showing growing support for legalization. “We must legalize marijuana now—and expunge all past marijuana convictions as a matter of racial and economic justice.”

“Donald Trump has no problem pardoning white collar criminals. Meanwhile, hundreds of thousands of Black and Brown Americans are sitting in jail because of marijuana convictions or because they can’t afford bail,” Sanders said in February 2020. “That injustice is what we’re going to end.”

The senator urged employees at one of Illinois’s largest cannabis companies to vote in favor of unionization in January.

Sanders, rapper Killer Mike and actor Danny Glover had an extensive discussion about the harms of marijuana criminalization in September.

“When marijuana is legal all over America we are not going to allow a handful of corporations to control that industry, we are gonna do everything we can to make sure they are the people who have suffered the most benefit and profit from the legalization of marijuana,” Sanders said at a rally in October.

As former Vice President Joe Biden was facing criticism for suggesting cannabis may be a gateway drug, Sanders emphasized that he wants to “ make marijuana legal in every state in the country.”

He reiterated that point during a campaign event in New Hampshire in November, and again in California the next month. The senator made similar remarks during a stop in Iowa in January.

During a campaign event in South Carolina, Sanders asked people to raise their hands if they know someone who’s been arrested for cannabis possession. When an abundance of hands shot up, he said that’s “why all over this country states are doing the right thing and either decriminalizing or legalizing the possession of marijuana.”

“Philadelphia police stopped 25,000 cars because they ‘smelled marijuana.’ 84% were African American drivers. They found marijuana only 12% of the time,” Sanders tweeted. “Our job must be to end the War on Drugs—and get racial bias out of law enforcement at the same time.”

“I’m not telling you to do marijuana—in fact I’m telling you not to do it—but people are going to do it whether I want it or not,” he said in September. “I don’t want your lives destroyed if you choose to do it.”

During an event in California, Sanders reiterated his pledge to nationally legalize marijuana on his first day in office.

On that first day, “we begin the process of ending the war on drugs,” he said at another event.

In an op-ed for Marijuana Moment, a Nevada Campaign Co-Chair for Bernie 2020 wrote that the candidate’s cannabis reform plan “ goes beyond legalizing marijuana to address the shortcomings of our historically racist criminal justice system.”

In a lighter moment on the campaign trail, the candidate did an interview with a Sanders impersonator who asked the real Sanders about whether his Medicare for All plan could be expanded to provide psilocybin mushrooms for all for want it.

The senator said that under the war on drugs, “men on street corners dealing pot were thrown in jail” and that wants “to see a war on the corporate greed that is killing Americans. I want to see top executives held personally liable for actions that led to the deaths of more than 42,000 people.”

“We are not only going to legalize marijuana; we are going to expunge past convictions for marijuana possession,” Sanders said in December, thanking State’s Attorney for Cook County, Illinois Kim Foxx for calling for expungements.

“The War on Drugs has been a disaster,” he said. “We need to legalize marijuana nationwide, invest in the communities that have been destroyed by its criminalization, and expunge past marijuana-related convictions.”

“The criminalization of marijuana has been a disaster. We need to legalize it,” he said in December. “We need to expunge past convictions.And we need to invest in communities destroyed by the war on drugs.”

“Marijuana must be legalized,” he said. “All our people imprisoned because of it must be returned home to their families and their records expunged.”

In the midst of an outbreak of vaping-related lung injuries, Sanders initially called for the vaping industry to be “shut down”—but his campaign quickly reversed that position.

Throughout his campaign, Sanders has highlighted his early leadership on the cannabis legalization front.

“The time is right to end the so-called war on drugs,” he said in June. “Well, four years ago [when he called for legalization], that seemed like a radical idea. Not so radical today. State after state after state is either decriminalizing or legalization the possession of marijuana.”

He made a similar point in July while discussing Nevada’s decision to legalize, stating that in Nevada, the policy is “not such a radical idea today.”

In January, Rep. Mark Pocan (D-WI), visited a Las Vegas dispensary on behalf of Sanders, alongside state campaign staffers for the candidate, and discussed regulating cannabis and promoting social equity in the industry.

It didn’t take long for Sanders to incorporate drug reform into his 2020 presidential bid. In his announcement video, he reiterated that the government “needs to end the destructive war on drugs.”

While the candidate has been a leader on the cannabis front and has often vaguely called for ending the war on drugs, he’s yet to specifically embrace a broader drug decriminalization position—a policy supported by contenders such as South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI).

He said on the Joe Rogan podcast that he’s not in favor of legalizing drugs beyond marijuana, and said later that same month that he’s “not there yet” on removing criminal penalties for possession of other drugs.

Sanders has made a habit of congratulating cities, states and countries for advancing marijuana reform.

“Congratulations to Illinois for legalizing marijuana and expunging 770,000 marijuana-related cases. It is time to legalize marijuana nationwide,” he said after a cannabis legalization bill was signed in June.

“Thank you Illinois for doing the right thing by expunging marijuana convictions. Tens of thousands of Americans every year get criminal records for possessing marijuana,” he also said. “Meanwhile ZERO major Wall Street executives went to jail for destroying our economy in 2008 as a result of their greed, recklessness and illegal behavior.”

“When we are in the White House we are going to expunge criminal records for marijuana possession and decriminalize it nationwide,” he said.

After Hawaii decriminalized low-level marijuana possession, Sanders said, “If someone had said ten years ago that more than half the states in the country will decriminalize marijuana, people would have called them crazy. A movement for criminal justice reform made it possible.”

“Congratulations Hawaii on becoming the 26th state to end the failed criminalization of marijuana,” he wrote.

Sanders responded to the passage of a bill that expanded New York’s marijuana decriminalization law by stating, “Good. Now let’s do every other state and territory in the country.”

He also thanked Colorado for its leadership on the cannabis reform front, adding “that is what we have got to do nationally. And what we also have to do is expunge the records of those people arrested for possession.”

Sanders congratulated Canada on the one year anniversary of the country’s implementation of a legal marijuana program, writing “Vermont shares a border with Canada, and as far as I can tell, the sky has not fallen and the cities have not plunged into anarchy on the other side.”

Sanders and Sen. Cory Booker (D-NJ), another 2020 Democratic presidential candidate, joked about support for medical cannabis during a debate that followed a heart attack the Vermont senator experienced.

“Sanders is in favor of medical marijuana,” Booker said, to which Sanders replied, “I do. I’m not on it tonight.”

Previous Quotes And Social Media Posts

Sanders has been outspoken about his support for marijuana reform in speeches, during debates and on social media. His messaging around the issue typically falls into one of three categories:

1. Marijuana is not comparable to other drugs listed in Schedule I of the CSA, and it should be removed from that list, accordingly.

“Right now, marijuana is listed by the federal government as a Schedule I drug—meaning that it is considered to be as dangerous as heroin. That is absurd,” he said during a rally at George Mason University in 2015. “In my view, the time is long overdue for us to remove the federal prohibition on marijuana.”

He lamented that “marijuana is listed side-by-side with heroin” during a campaign event at the University of Iowa.

“I know that you are an intelligent group of people and, very seriously, I know and I hope very much that you all understand what a killer drug heroin is,” he said. “There are two ways out when you do heroin: Number one, you’re gonna get arrested and go to jail. Number two, you’re gonna die. Stay away from heroin.”

“But in terms of marijuana what we are seeing is a lot of lives have been really hurt, because if you get a criminal record for possession of marijuana it could impact your ability to get a job,” he said. “And that is why I have introduced legislation and will move forward as president to take marijuana out of the Controlled Substances Act.”

And when then-Democratic presidential candidate Hillary Clinton proposed rescheduling cannabis and placing it in Schedule II, Sanders said he appreciated that she was addressing the issue but that her proposal “ignored the major issue,” which is that it would place “marijuana in the same category as cocaine and continue to make marijuana a federally regulated substance.”

2. Black Americans have been disproportionately impacted by the drug war and are more likely to be arrested for marijuana despite the fact that usage rates are roughly the same among different racial groups.

“We must recognize that blacks are four times more likely than whites to get arrested for marijuana possession, even though the same proportion of blacks and whites use marijuana,” Sanders said in a press release. “Any serious criminal justice reform must include removing marijuana from the Controlled Substances Act.”

“I am glad to see Baltimore will no longer prosecute marijuana possession and will move to vacate some convictions,” Sanders said after the city’s top prosecutor made that announcement in early 2019. “Thousands and thousands of people across the country have had their lives destroyed because they have criminal records as a result of marijuana use—and it’s disproportionately affecting people of color. It is time to decriminalize marijuana and end the failed war on drugs.”

“Where it becomes a racial issue, it turns out that whites and blacks utilized marijuana roughly equal,” Sanders said during an interview with rapper Killer Mike in 2015. “Four times as many blacks are arrested for possession as whites. It becomes a racial issue.”

“The reality is that both the African-American community and the white community do marijuana at about equal rates,” he emphasized at a debate in Wisconsin. “The reality is four times as many blacks get arrested for marijuana.”

3. It is an injustice that young people can have their lives upended by a non-violent cannabis conviction while Wall Street bankers avoid prosecution for financial crimes.

“If some kid in Iowa or Vermont today is picked up possessing marijuana, that kid will get a police record that will stay with him for the rest of his life,” Sanders said at a rally in Iowa in 2016. “But the executives on Wall Street who drove this country into the worst economic recession since the Great Depression, whose greed and illegal behavior resulted in millions of Americans losing their jobs, their homes, their life savings, these executives who pay billions of dollars in settlement agreements with the government, not one of them has been prosecuted. Not one of them has a criminal record.”

“It is an obscenity that we stigmatize so many young Americans with a criminal record for smoking marijuana, but oddly enough not one major Wall Street executive has been prosecuted for causing the near collapse of our entire economy,” he said during a speech before the National Urban League. “Doesn’t make a whole lot of sense to me.”

Before he got behind full marijuana legalization, Sanders’s position on drug policy has varied somewhat.

During a U.S. Senate run in 1971 as a candidate for Vermont’s Liberty Union Party, Sanders said that if he was elected, “All laws relating to prohibition of abortion, birth control, homosexual relations, and the use of drugs would be done away with,” The Washington Free Beacon reported.

“In a free society, individuals and not government have the right to decide what is best for their own lives, as long as their actions do not harm others,” he said during the same campaign.

When he was campaigning to be governor of Vermont in 1972, he seemed to embrace legalizing all drugs in an attempt to pushback against what he described as the “gradual erosion of freedoms and the sense of what freedom really means” under the administration of President Richard Nixon, writing that the government should “abolish all laws dealing with abortion, drugs, sexual behavior.”

During the gubernatorial run, Sanders was quoted praising “the British system of hard drug treatment,” through which the government distributed heroin to people with a history of severe opioid addiction.

“I’m not saying drug use isn’t a definite problem, but making drugs illegal isn’t helping solve anything,” he said in 1971. “If heroin were legal, at least we’d know the dimensions of the problem, and be able to deal with it rationally.”

As states like Colorado began legalizing cannabis for adult use, Sanders said in interviews that he recognized that the issue was gaining popularity and pledged to study it closely. He voiced support for Vermont’s decriminalization policy and medical marijuana legalization generally.

Sanders also complained about how federal laws impede the effective implementation of state-level marijuana programs, stressing that cannabis businesses struggle to access banking services, for example.

“I think there are things that the federal government can do that would make it easier for states that want to go in that direction to be able to do so,” he said in 2015. “What the federal government can do is say to the state of Colorado that if you choose to vote to legalize marijuana, we will allow you to do that without restrictions.”

He also called for federal decriminalization as a response to the “continuation of millions of people over the decades getting police records because they were caught possessing marijuana.”

Sanders has criticized moves from the Justice Department under President Donald Trump to dismantle guidelines on federal marijuana enforcement priorities.

“No, Attorney General [Jeff] Sessions. Marijuana is not the same as heroin,” he said in a statement last year before Sessions rescinded the Cole memo. “No one who has seriously studied the issue believes that marijuana should be classified as a Schedule I drug beside killer drugs like heroin.”

“Quite the contrary. We should allow states the right to move toward the decriminalization of marijuana, not reverse the progress that has been made in recent years,” he said.

In 2018, Sanders said that “prohibition against alcohol did not work in the 1920s, and prohibition against marijuana and other drugs is not working today,” adding that the war on drugs “has to be rethought in a very, very fundamental way.”

He made a similar argument in a book he released in 2018.

“The prohibition of alcohol in the 1920s was a failed policy,” Sanders wrote. “The prohibition of marijuana has also failed.”

Sanders appeared in a livestream video with Booker in April 2018 to announce his support for the Marijuana Justice Act.

“We are spending $80 billion locking people up,” Sanders said. “Think about what it would mean if we invested that money in our people instead of more jails.”

He also congratulated Canada when the country passed a law legalizing cannabis for adult use and said “it is long past time that we in the United States end the federal prohibition on marijuana.”

And he congratulated Seattle when the city’s judges decided to green light expungements for past marijuana possession convictions.

“We must decriminalize marijuana nationally and expunge federal marijuana use and possession crimes,” he wrote.

Personal Experience With Marijuana

Sanders said that he smoked marijuana decades ago but that the plant “didn’t do much for me.”

“I smoked marijuana twice and all I did was cough my guts out, so it didn’t work for me,” he said at a rally in Las Vegas. “But I do understand other people have had different experiences.”

“My recollection is I nearly coughed my brains out, so it’s not my cup of tea,” he said in a radio interview.

That said, the senator has made a point of emphasizing that his efforts to reform marijuana laws is not meant “to encourage anybody to smoke marijuana.”

Marijuana Under A Sanders Presidency

As the first major presidential candidate to endorse marijuana legalization—and as someone who has introduced and cosponsored some of the most far-reaching cannabis bills in Congress—Sanders has already made marijuana history in his career. He signaled again in his announcement speech that addressing the harms of the drug war would be a priority if he’s elected, and part of that agenda would likely involve seriously considering legislation to end the federal prohibition of marijuana.

While most 2020 Democratic presidential candidates have backed legalization at this point, Sanders’s long-standing record of standing up for drug policy reform gives voters relatively strong assurance that marijuana legalization would be near the top of his priorities as president.

Where Presidential Candidate Amy Klobuchar 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 Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

Politics

Seattle City Council Takes First Step Toward Decriminalizing Psychedelic Plants And Fungi

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A Seattle City Council committee considered a resolution on Friday that would decriminalize a wide range of activities around psychedelic drugs, including cultivation and sharing with others, by declaring those activities among the city’s lowest law enforcement priorities.

The council’s Public Safety and Human Services Committee heard comments from the proposal’s supporters, including Councilmember Andrew Lewis and the advocacy group Decrim Nature Seattle. While the panel did not vote on the draft resolution, Councilmember Lisa Herbold, who chairs the committee, said the full City Council will likely take up the measure in coming weeks.

“Hopefully the city—as tends to be the case on many impactful progressive issues in the state of Washington—can lead the way on setting the table for an important conversation many communities around the country are having,” Lewis, who introduced the measure, said at the meeting.

As introduced, the proposed resolution expresses the City Council’s support for what it calls “full decriminalization” around psychedelics used “in religious, spiritual, healing, or personal growth practices.” It would apply to plants or fungi that contain substances “including, but not limited to” psilocybin mushrooms, ayahuasca, igoba and mescaline, though it would not include the peyote cactus.

If adopted, the resolution would declare “that the investigation, arrest, and prosecution of anyone engaging in entheogen-related activities…should be among The City of Seattle’s lowest enforcement priorities” and request that the Seattle Police Department “move towards the formal codification and adoption of that practice as departmental policy.”

It would further express the council’s intent to analyze the city’s municipal “to determine what changes would be necessary to protect from arrest or prosecution individuals who cultivate entheogens.” Those changes would be made through a subsequent city ordinance.

It’s already city policy neither to detain nor arrest individuals caught with psychedelics, nor to confiscate those substances, the resolution says—the result of a state Supreme Court decision earlier this year. But other activity, including cultivation and distribution, remain punishable by arrest and incarceration.

Supporters say there are compelling reasons to expand decriminalization beyond simple possession: The resolution points to the disproportionate impact of the drug war on people of color and low-income communities, calling decriminalization “an effort to begin to correcting the irreparable harm.” It also acknowledges the emerging potential of psychedelics, in conjunction with therapy, to treat a variety of mental health conditions, including depression and anxiety, post-traumatic stress disorder (PTSD), end-of-life anxiety, substance use-disorder and others.

The resolution was inspired in part by the City Council’s interest in reducing opioid-related deaths. In June, Lewis Herbold formally asked a task force to examine “public policy governing psychedelic medicines” as a way to combat the overdose epidemic. Late last month, the task force came back with recommendations that the city decriminalize psychedelics and consider removing criminal penalties around all drugs.

At the same time, the advocacy group Decrim Nature Seattle (DNS) has been lobbying the council to make the policy change around plant- and fungi-derived psychedelics. The group began its work two years ago, and in May it submitted a draft ordinance to Lewis’s office at the councilmember’s request. Members have also appeared regularly at council meetings to urge the policy change.

Lewis told Marijuana Moment this month that it’s his “personal goal” to introduce an ordinance to decriminalize psychedelics by the end of this year. “And frankly, if there’s sort of a consensus and there’s lightning in a bottle, I don’t think it’s inconceivable that an ordinance could be passed this year,” he said. “I think it’s actually pretty reasonable.”

In an email to Marijuana Moment ahead of Friday’s committee meeting, Tatiana Luz Quintana, DNS’s co-director and co-chair of education and outreach, said the group expects the resolution “will prepare the council to spend time creating a work plan to address full decriminalization, meaning possession, cultivation, social sharing (non-monetary exchange) and community-based healing and ceremony.”

“The implications of this policy change would be long lasting,” Quintana said. “Within Seattle, after these reforms, many people who operate in the underground will be more free to advertise their services. Decriminalization will also promote a consciousness shift in the public, increasing exposure to conversations around psychedelics, helping to break the ice and break down stigmas, and create an environment ripe for integrating these substances into our culture.”

DNS said the change will allow Seattle to establish best practices, including around education and community-based healing. Advocates also presented to the City Council committee a sign-on letter in support of decriminalization signed by more than 40 area healthcare professionals.

The policy change would not apply to peyote, which is excluded from its definition of entheogens due to the cactus’s special cultural significance to certain Native American peoples and the ongoing effort to protect the plant. Peyote matures slowly and is currently categorized by conservationists as “vulnerable” after an uptick in illicit harvesting. The cactus, native to Mexico and parts of the American Southwest, has no federal protection in the U.S., while in Mexico it can be harvested legally only by Indigenous groups.

Both the city resolution and the opioid task force recommendations also call for psychedelics reform at the state level. The resolution says the city’s Office of Intergovernmental Relations add to its agenda for the 2022 legislative session “support for full decriminalization of entheogens at the state level, including the drafting of legislation that could be sponsored by a state legislative representative.”

Like much of the rest of the country, Washington State is contemplating major changes in how it treats drug use. Earlier this year, lawmakers considered legislation that would have removed all penalties for possession of relatively small, “personal use” amounts of drugs and instead invested in treatment and recovery services. While that bill died in committee, lawmakers from both parties acknowledged at the time that the state’s drug control apparatus was broken.

Shortly thereafter, the state Supreme Court overturned Washington’s felony law against drug possession completely, sending lawmakers scrambling to replace the law. Ultimately they approved a modest reform, reducing the state’s felony charge for drug possession to a misdemeanor and earmarking more money for treatment.

Earlier this month, advocates announced a push to put a measure on Washington’s 2022 ballot that would decriminalize all drugs and invest state money in treatment and recovery.

Jurisdictions across the country are increasingly removing or reducing penalties around drug possession and consumption, especially when it comes to psychedelics. Since Denver in 2019 became the first U.S. city to decriminalize psilocybin mushrooms, a number of states and municipalities have made similar changes to dismantle the drug war.

Oregon voters passed a pair of initiatives last November to legalize psilocybin therapy and decriminalize possession of all drugs. On the local level, activists in Portland are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.

Washington, D.C. voters also approved a ballot measure last year to deprioritize enforcement of laws criminalizing psychedelics.

In California last week, activists were cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state. Oakland and Santa Cruz have already enacted psychedelics decriminalization.

Detroit currently stands to become one of the next major cities to decriminalize psychedelics, with the reform proposal making the local ballot for this November.

Elsewhere in Michigan, the Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month. Advocates have also introduced a reform resolution to the Grand Rapids City Council.

Massachusetts cities that have enacted the policy change include NorthamptonSomerville and Cambridge. In July, state lawmakers heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

The governor of Connecticut recently signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.

The Maine House of Representatives passed a drug decriminalization bill this year, but it later died in the Senate.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

Meanwhile, Denver activists who successfully led the 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have set their eyes on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.

In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee this week.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

NIDA also recently announced it’s funding a study into whether psilocybin can help people quit smoking cigarettes.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee this week.

In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

Read the full Seattle psychedelics decriminalization resolution below:

Click to access seattle-pychedelics-decriminalization-resolution.pdf

House Committee Will Vote On Federal Marijuana Legalization Bill Next Week, Days After Banking Reform Advances

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House Committee Will Vote On Federal Marijuana Legalization Bill Next Week, Days After Banking Reform Advances

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A bill to federally legalize marijuana will be voted on by the House Judiciary Committee next week, the panel announced on Friday.

The development comes one day after the House voted in favor of a defense spending bill that includes an amendment that would protect banks that service state-legal cannabis businesses from being penalized by federal regulators.

Judiciary Committee Chairman Jerrold Nadler’s (D-NY) Marijuana Opportunity, Reinvestment and Expungement (MORE) Act will receive a markup on Wednesday. The panel will consider a dozen pieces of legislation during the meeting, according to a press release. That includes his bill to “decriminalize marijuana federally and invest in communities that have been disproportionately harmed by the War on Drugs,” Nadler said.

“Many of these bills were reported out of the committee and passed by the full House of Representatives last Congress, and I look forward to working with all my colleagues once again to get these bills through Congress and on to the president’s desk,” the chairman said.

Nadler’s cannabis legislation passed the House last year but did not advance in the Senate under GOP control. This time around, advocates are optimistic that something like the chairman’s bill could be enacted now that Democrats run both chambers and the White House, and as more states are moving to enact legalization.

The legislation would remove marijuana from the Controlled Substances Act (CSA), allow people with cannabis convictions to have their records expunged and create a federal tax on marijuana with the revenue going to support community reinvestment and other programs.

It also contains language to create a pathway for resentencing for those incarcerated for cannabis offenses, protect immigrants from being denied citizenship over marijuana and prevent federal agencies from denying public benefits or security clearance due to its use.

“We are excited to see Chairman Nadler and House leadership move forward once again with passing the MORE Act,” Justin Strekal, political director of NORML, said. “Public support and state-policy demand for repealing federal marijuana criminalization has never been higher and Congressional action on this legislation is long overdue. The days of federal marijuana prohibition are numbered.”

There’s been some contention between advocates and stakeholders on which reform should come first: the bipartisan banking legislation that’s cleared the House in some form five times now or the comprehensive legalization bill that passed the chamber for the first time late last year.

Legalization advocates do want to see legislation from Rep. Ed Perlmutter (D-CO) become enacted, as there are public safety problems caused by all-cash businesses and it would take an important step toward normalizing the growing industry. But social equity-minded activists argue that advancing the incremental reform first would mainly benefit large marijuana businesses without addressing the harms of cannabis criminalization.

The fate of the banking proposal will likely be decided in conference with the Senate, which has not included the policy change in its National Defense Authorization Act (NDAA) and where key lawmakers have insisted that they will push for broader reform before allowing the incremental change to be enacted.

Separately, Senate Majority Leader Chuck Schumer (D-NY), Finance Committee Chairman Ron Wyden (R-OR) and Sen. Cory Booker (D-NJ) are also leading the charge on a legalization bill in their chamber. But weeks after a public comment period on a draft version of the proposal closed, finalized text has yet to be formally filed—and it’s far from certain that Schumer will be able to find enough votes to advance the comprehensive reform through his chamber.

It should be noted that President Joe Biden remains firmly opposed to adult-use marijuana legalization. While he supports more modest reforms such as decriminalizing cannabis, expunging prior records and letting states set their own marijuana policies, there’s an open question about whether he would be moved to sign a broad bill like the MORE Act or the Senate legalization legislation should such a proposal reach his desk.

With respect to the MORE Act, the latest version does not include language that was added just before last year’s House floor vote that would have prevented people with previous cannabis convictions from obtaining federal permits to operate marijuana businesses. That was a contentious provision that appeared at the last minute and which advocates strongly opposed.

And whereas the the prior version of the legislation contained language to help economically disadvantaged people enter the legal marijuana market, that language was revised to extend Small Business Administration (SBA) aid—such as loans, financial literacy programs and job training—to help people who have been harmed by the war on drugs pursue business opportunities in any industry, not just cannabis.

Advocates are encouraged by the new revisions to the bill, but there are still additional components they hope to see changed as it goes through the legislative process. For example, they also took issue with provisions added to the MORE Act prior to last year’s vote that would have stipulated that cannabis can still be included in drug testing programs for federal workers.

The current version of the MORE Act has 66 cosponsors, including seven lawmakers that signed on this week. All are Democrats.

Separately, a proposal to federally deschedule marijuana that does not include social equity components was filed by a pair of Republican congressmen in May.

Feds Fund Study Into Whether Psilocybin Can Help People Quit Smoking Cigarettes

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More Banks Say They’re Working With Marijuana Businesses, Federal Report Shows As Lawmakers Advance Reform

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The number of banks and credit unions reporting that they work with marijuana businesses ticked up last quarter, according to new federal data.

As of June 30, there were 706 financial institutions that had filed requisite reports saying they were actively serving cannabis clients. Thats up from 689 in the previous quarter but still down from a peak of 747 in late 2019.

Via FinCEN.

The new figures released by the Financial Crimes Enforcement Network (FinCEN) come amid a congressional push to protect banks and credit unions that work with the cannabis industry from being penalized by federal regulators.

While there’s 2014 FinCEN guidance in place meant to help financial institutions navigate the space, lawmakers want to enact clear, statutory protections. And that would be accomplished through House-passed standalone legislation, or an amendment that was attached to a defense spending bill this week.

Until then, there’s still reluctance within the banking sector when it comes to servicing businesses that work with a Schedule I controlled substance, and that’s reflected in the relatively low number of depository institutions that actually follow the guidance and take on cannabis clients.

Last year saw a significant and consistent drop in the number of banks and credit unions that reported having marijuana accounts, but those figures began to stabilize this year.

“Short-term declines in the number of depository institutions actively providing banking services to marijuana-related businesses (MRBs) may be explained by filers exceeding the 90 day follow-on Suspicious Activity Report (SAR) filing timeframe,” FinCEN, which is part of the Treasury Department, said. “Several filers take 180 days or more to file a continuing activity report. After 90 days, a depository institution is no longer counted as providing banking services until a new guidance-related SAR is received.”

Past reports from the agency had noted that it stopped including hemp-only businesses in its quarterly reports since the crop was federally legalized under the 2018 Farm Bill, which could account for at least some of the drop depicted in earlier data, but that language does not appear in this latest report.

Also, FinCEN didn’t mention the potential impact of the coronavirus pandemic on marijuana banking trends this time.

As of the end of last quarter, there were 518 banks and 188 credit unions reporting active marijuana clients, according to the federal agency.

Via FinCEN.

When it comes to the prospects of enacting cannabis banking reform, stakeholders are encouraged by the inclusion of the Secure and Fair Enforcement (SAFE) Banking Act in the must-pass National Defense Authorization Act (NDAA) and hope that will be the vehicle to finally provide safeguards to the financial sector.

But while the issue is bipartisan, the proposal will face challenges in the Senate, where key leaders have insisted that comprehensive legalization should advance first before lawmakers enact a policy change that’s viewed as principally favorable to the industry.

Sen. Cory Booker (D-NJ), for example, has said that he “will lay myself down” to block any other senators who seek to pass marijuana banking legislation before the body approves comprehensive cannabis reform like the federal legalization bill he unveiled alongside Senate Majority Leader Chuck Schumer (D-NY) and Senate Finance Committee Chairman Ron Wyden (D-OR).


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, spoke with Marijuana Moment about the process moving forward in a phone interview on Wednesday. He said he is optimistic about the measure’s prospects with NDAA as the vehicle, though he conceded that he hadn’t spoken with Schumer or other key senators who are actively finalizing the legalization legislation.

“I think the fifth time is the charm,” he said. “I mean, obviously, we still have to do some work to make sure that it remains part of the NDAA as the House and the Senate go to conference. So we still have work to do with the Senate to make sure that it remains part of it. But I think that it will.”

“I mean, the fact that it deals with cartels and national security, on top of the need for the public safety piece of this thing, I think that we’ll be able to convince the conference committee and the conferees generally to keep it in,” he said. “But we still have work to do.”

Most Kansas City Government Workers Will No Longer Face Pre-Employment Marijuana Tests Following City Council Vote

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