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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

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

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New Mexico Governor And Senate Leader Say Marijuana Legalization Can Pass This Year

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The governor of New Mexico and a top Senate leader are bullish about getting marijuana legalization passed this session, with both making recent comments about what they hope the soon-to-be-introduced legislation will accomplish.

Gov. Michelle Lujan Grisham (D), who included the reform as part of her 2021 legislative agenda she released this month, said in a TV interview that she’s “optimistic” about cannabis reform adding that projections show the state gaining thousands of jobs and raising hundreds of millions of dollars in tax revenue.

“I’m still really optimistic about cannabis, which is 12,000 jobs,” she told KOB-TV, “and you know by the fifth year in operation, the projections are we would make $600 million a year.”

But while the “large economic boost” that the governor expects legalization to bring is an important component, especially amid the coronavirus pandemic, lawmakers are also taking seriously the need to address social equity.

Watch the governor talk about cannabis reform, starting around 4:40 into the video below: 

Meanwhile, Senate Majority Leader Peter Wirth (D) said last week that he’s having ongoing conversations with multiple legislators who plan to sponsor legalization bills, and he’s conveyed to them that whatever piece of legislation advances must “address those fundamental underlying issues” of social justice.

In terms of process, the top lawmaker said it’s important for legislators to be talking about their respective bills early on to resolve as many differences as possible before the issue reaches committee or the floor. The failure to get those issues taken care of in a timely manner is partly why the legislature wasn’t able to pass legalization during last year’s short session.

A bill to legalize cannabis for adult use passed one Senate committee last year only to be rejected in another before the end of the 30-day session. Earlier, in 2019, the House approved a legalization bill that included provisions to put marijuana sales mostly in state-run stores, but it later died in the Senate.

“This year I know the legislators have been working very hard, shaping and crafting these bills, and that kind of from the ground up versus the top down approach that I think is needed for a legislation of this kind,” Wirth told the Growing Forward podcast that’s a joint project of NM Political Report and New Mexico PBS. “Again, we just can’t get it into a final committee in a place where it’s not really ready to go.”

Watch the senator majority leader discuss the legislature’s work to legalize marijuana below: 

The new, post-election makeup of key committees has been helping to facilitate this dialogue and get ahead of disagreements, he said.

While Wirth said he expects some of the same voices coming out in opposition to the legislature’s push to enact legalization this session, he’s “feeling more confident” about passing the reform in the Senate this year.

Several anti-legalization Democrats, including the Senate president pro tem and the Finance Committee chair, were ousted by progressive primary challengers last year.

Additional pressure to end cannabis prohibition this year is coming from neighboring Arizona, where voters approved legalization in November and where sales officially launched last week. New Mexico shares another border with Colorado, one of the first states to legalize for adult use. Cannabis is also expected to be legalized across the southern border in Mexico, with lawmakers facing a Supreme Court mandate to end prohibition by April 2021.

Wirth said it’s important to make sure that adult-use legalization doesn’t come at the peril of the state’s existing medical cannabis program.

“I just think that it’s a program that’s really been a model for how it’s been rolled out, how it’s worked, and we want to make sure that it stays intact and is still a functioning program,” he said. “That’ll be another a big issue.”

With at least five legalization bills being prepared in the state, Wirth said, there will be plenty for lawmakers to sift through and negotiate this session. The majority leader noted that another question is whether to put marijuana tax dollars in the state’s general fund or to earmark it for specific programs.

Rep. Javier Martinez (D), who has consistently sponsored cannabis reform bills in past sessions, said recently that the “biggest change you’ll see in this bill, which is one of the main points of contention last year, was the creation of a number of different funds, earmarks, tax coming in from cannabis.”

In any case, there’s economic urgency to pass and implement a legal cannabis program. And while no bills have been introduced so far this session, lawmakers expect several to be released as early as this week.

“I’m hopeful that this is the year to get this done,” Wirth said. “I just think the longer we wait, the less of an economic impact it’s going to have, as all of our sister states around us in the country really reach in this direction at pretty high speed.”

Polling indicates that voters are ready for the policy change. A survey released in October found that a strong majority of New Mexico residents are in favor of legalization with social equity provisions in place, and about half support decriminalizing drug possession more broadly.

In May, the governor signaled that she was considering actively campaigning against lawmakers who blocked her legalization bill in 2020. She also said that she’s open to letting voters decide on the policy change via a ballot referendum if lawmakers can’t send a legalization bill to her desk.

Anti-Marijuana Lawmaker Files Legalization Bill In North Dakota To Avoid Activist Ballot Measure

Photo by Kyle Jaeger.

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GOP Congressman Files Bill To Protect Veterans Who Use Medical Marijuana From Losing Benefits

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A Republican congressman has filed the second piece of marijuana reform legislation to be introduced so far in the new 117th Congress—this one aimed at ensuring that military veterans aren’t penalized for using medical cannabis in compliance with state law.

The proposal from Rep. Greg Steube (R-FL), who filed a more expansive version of the measure last year, would also codify that U.S. Department of Veterans Affairs (VA) doctors are allowed to discuss the risks and benefits of marijuana with their patients.

VA doctors are currently permitted to discuss cannabis with patients and document their usage in medical records, and those veteran patients are already shielded by agency policy from losing their benefits for marijuana use—but the new bill would enshrine these policies into federal statute so they could not be administratively changed in the future.

That said, the version Steube introduced last year contained a notable provision that further allowed VA physicians to formally fill out written recommendations for marijuana.

But that language was omitted from this year’s bill, which could create barriers to access given that most state medical cannabis programs require a written recommendation, meaning many veterans would have to outsource their healthcare to a non-VA provider in order to qualify for legal access to marijuana.

Carson Steelman, communications director in Steube’s office, told Marijuana Moment that removing that component was politically necessary to advance the previous version through a House committee last year as an amendment to another bill.

“This bill was able to pass through markup with the removal of that portion,” he said. “Many members had concerns regarding it so in order to move this bill swiftly this Congress, we introduced it without that portion.”

Doug Distaso, executive director of the Veterans Cannabis Project, applauded Steube for the overall bill, saying that  “we consistently see, on a daily basis, a denial of veteran benefits ranging from medical prescriptions to VA loans, solely because a veteran is participating in a state-approved marijuana program or working in the cannabis industry.”

“However, we are disappointed that specific language on Veterans Affairs provider-issued cannabis recommendations was removed from this bill, since these are the providers upon whom veterans rely for full, integrated treatment and care—including cannabis,” he told Marijuana Moment.

But while the absence of language around discussing and recommending medical marijuana isn’t ideal from advocates’ perspective, the bill would still be a modest step for veterans, making it so VA could not move to deny them benefits for using cannabis in accordance with state law.

The Veterans Cannabis Use for Safe Healing Act had 19 cosponsors last session, including eight Republicans and 11 Democrats.

This is the second piece of marijuana reform legislation that’s been introduced so far in the new Congress, both of which are sponsored by Steube. His first bill would simply require that cannabis be moved from Schedule I to Schedule III of the Controlled Substances Act—a move that the congressman said would free up research into the plant.

That proposal is identical to legislation he filed last year.

While rescheduling is backed by President Joe Biden, who remains opposed to adult-use legalization, it’s not the reform that advocates are getting behind. There are high hopes that a more comprehensive completely remove marijuana from the CSA—while promoting social equity—will move through the 117th Congress.

A bill to accomplish that cleared the U.S. House of Representatives last year, but it died in the GOP-controlled Senate. Now that Democrats have control of both chambers, activists are waiting for the legislation to be taken back up with a better chance of making it to Biden’s desk.

That bill—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—was sponsored by now-Vice President Kamala Harris, though she’s indicated that she would not necessarily push the president to adopt a pro-legalization position.

Read the text of the veterans-focused marijuana bill below: 

Marijuana veterans bill by Marijuana Moment

Washington Lawmakers Approve Marijuana Homegrow Bill In Committee

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Anti-Marijuana Lawmaker Files Legalization Bill In North Dakota To Avoid Activist Ballot Measure

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North Dakota’s secretary of state on Friday approved the format of a proposed marijuana initiative, clearing the way for activists to collect signatures to place it on the 2022 ballot. Meanwhile, a Republican lawmaker is pushing a cannabis legalization bill he introduced even though he does not support the underling policy change.

Rather, Rep. Jason Dockter (R) said he recognizes the seeming inevitability of legal marijuana reaching the state as more neighboring jurisdictions enact reform and as activists gain momentum for their agenda. If the state is going to enact legalization, he wants the legislature to dictate what that program looks like instead of leaving it in the hands of advocacy groups.

Dockter’s House Bill 1420 would allow adults 21 and older to possess and purchase up to one ounce of cannabis for personal use, but home cultivation would not be allowed.

Licensed cultivation facilities that provide cannabis products to retailers “may grow an amount of marijuana sufficient to meet the demands of the public.”

Under the proposal, legal cannabis sales would begin on February 1, 2022.

The bill is being supported by the pro-reform campaign Legalize ND. The group placed a legalization measure on the 2018 ballot that was defeated by voters. They tried to qualify another initiative last year but signature gathering complications caused by the coronavirus pandemic got in the way.

It’s not clear if they will now still pursue previously announced plans for 2022 in light of the new bill, which they said they are “proud of” and is the result of engaging lawmakers in more than six months’ worth of conversations.

Meanwhile, a separate activist group has already filed its own 2022 legal marijuana measure that would make it so adults could possess marijuana and grow up to 12 plants (up to six of which could be mature). Secretary of State Al Jaeger said on Friday that the group can begin working to gather the 26,904 valid signatures from registered voters they will need to place the measure on the ballot.

“I am glad the North Dakota legislature is coming to the realization that legalization will move forward with or without them,” Jody Vetter, chairwoman for that effort, the ND for Freedom of Cannabis Act, told Marijuana Moment.

She added that while the Dockter’s bill is “a step in the right direction toward ending prohibition, there are concerns,” pointing to the lack of legal home cultivation and remaining criminal charges for certain cannabis-related activity.

“Criminal charges surrounding possession should only apply if someone is found to be selling cannabis without proper license or contributing to minors,” Vetter said. “We are moving forward with the ND For Freedom of Cannabis Act. Home growing is essential for any legal program and an overwhelming majority of North Dakotans are ready to stop criminally charging citizens for simply possessing cannabis.”

Jared Moffat, state campaigns manager for the national Marijuana Policy Project, told Marijuana Moment that “though this isn’t an ideal legalization bill, it’s a significant testament to the strength of our movement that legalization opponents are now preemptively filing their own legislation to legalize and regulate marijuana for adults.”

“These lawmakers are aware that a majority of their constituents support legalization, and you have to give them some credit for acknowledging that,” he said.

The bill contains a number of restrictions on labeling and advertising, as well as penalties for impaired driving. A health council would be tasked with developing further regulations on issues such as the allowable amount of THC in edibles and testing standards.

“I’m not for [legalization] at all, but I understand that it’s coming, and we have to address the issue,” Dockter told Inforum. “I’m trying something different in government—we’re trying to be proactive and not be reactive.”

House Majority Leader Chet Pollert said that he’s not “a marijuana person,” but he acknowledged that cannabis legalization is coming. While he would have previously been inclined to oppose Dockter’s bill, Pollert said voter approval of a legalization initiative in South Dakota has given him pause, adding that the legislature should “take a long, hard look” at the policy change.

Neighboring Montana also moved to legalize marijuana for adult use during the November election, adding to the regional pressure to get on board. Canada, which also borders the state, has a national legal cannabis market.

North Dakota voters approved a medical cannabis ballot measure in 2016.

Aside from the new broad legalization legislation, state lawmakers also recently introduced a separate bill to significantly expand the decriminalization of marijuana possession in the state. The proposal, which was filed last week, would build on an initial cannabis decriminalization law that was enacted in 2019.

Read the North Dakota cannabis legalization bill below: 

North Dakota marijuana lega… by Marijuana Moment

Virginia Marijuana Legalization Bill Approved By Senate Committee, With Home Cultivation Provisions Intact

Photo courtesy of Philip Steffan.

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