Beto O’Rourke announced that he was running for the Democratic presidential nomination on March 14, 2019, and quickly signaled that marijuana reform would be a main feature of his campaign.
The former congressman, who dropped out of the race on November 1, has been a critic of the war on drugs for much of his political career, going back to his tenure on the El Paso City Council, and he’s spoken about the issue earlier and more often than many of his Democratic opponents.
This piece was last updated on November 5, 2019 to include the candidate’s statements and policy actions on marijuana since joining the race.
Legislation And Policy Actions
During his time in Congress, O’Rourke was the chief sponsor of one piece of drug reform legislation and cosponsored several others.
He introduced a bill that would have prohibited the federal government from withholding a state’s apportionment of federal funds for highway infrastructure if the state failed to enact and enforce laws requiring that individuals with drug convictions have their licenses revoked or suspended.
“Finding employment and earning legal income is crucial for people trying to stay out of the criminal justice system,” he said in a Medium post about the legislation. “Further, we know that license suspensions undermine recovery efforts for those with drug use problems and the formerly incarcerated.”
O’Rourke also cosponsored about two dozen drug reform bills focusing on federal cannabis and hemp laws.
He signed onto legislation to end marijuana prohibition and, on six occasions, to protect states that have legalized marijuana from federal intervention. He also cosponsored a bill that would automatically seal the criminal records of individuals convicted for non-violent federal marijuana offenses and another that would allow students to maintain their federal financial aid if they have a cannabis possession conviction.
“We stand a better chance of keeping kids from using marijuana if it is sold by regulated businesses instead of by teenagers on street corners and middle school playgrounds,” he wrote in a 2014 email to supporters, touting his cosponsorships. “Regulating and taxing the sale of marijuana would limit bloated black market profits from empowering murderous criminal enterprises that have grown too powerful in many U.S. neighborhoods and in neighboring Mexico.”
If we want to keep drugs away from kids, profits away from criminals, & focus on opioid epidemic & start saving lives, end the war on drugs.
— Beto O'Rourke (@BetoORourke) May 12, 2017
Other legislation that received O’Rourke’s cosponsorship included a broad bill to close the policy gap between federal and state marijuana laws, several others designed to expand research into medical cannabis, including for veterans, three to remove CBD from the list of federally banned substances and legislation to allow doctors at the U.S. Department of Veterans Affairs (VA) to recommend cannabis to veterans.
At a time when it's legal in 29 states, veterans in Texas have come up to me at our town hall meetings and said that while it is the only thing that eases their pain, they are treated as a criminal in our state for seeking it out.
— Beto O'Rourke (@BetoORourke) May 9, 2018
He’s also supported congressional efforts to legalize industrial hemp and provide banking access to state-legal marijuana businesses. The congressman cosponsored additional bills to allow cannabis businesses to take advantage of tax credits or deductions and also to require a federal study on the impact of state marijuana programs.
The congressman also voted in favor of House floor amendments to shield states with medical cannabis laws from federal enforcement in 2014 and 2015, and to extend that protection to any state with legal recreational cannabis or CBD medicines alone. O’Rourke voted for amendments to let VA doctors recommend medical cannabis three times, to protect states that have legalized industrial hemp four times and once to secure access to banks for marijuana businesses.
That was all during his six years in the House. But O’Rourke has a longer history of pushing for drug reform, including when he served as a member of the El Paso City Council.
In fact, it was O’Rourke’s bold stance on drug policy that helped launch his national political career, as The Intercept reported. As the drug war raged along the U.S.-Mexico border in 2009, the council member introduced an amendment that called for a conversation about legalizing marijuana and “an honest, open national debate on ending the prohibition of narcotics.”
The measure passed 8-0, but then-Rep. Sylvestre Reyes (D-TX) pressured the mayor to veto it and told council members that the city would be at risk of losing federal funds in the veto was overridden. After an override vote narrowly failed, O’Rourke decided to primary Reyes for the congressional seat, ultimately defeating the incumbent in an upset that likely led many other politicians rethink their approach drug war politics.
O’Rourke’s surprise Democratic primary win came in spite of the fact that Reyes emphasized the challenger’s drug policy views in sensationalized attack ads.
Cruz also tried to use the resolution against O’Rourke during their 2018 Senate battle, characterizing his challenger as a supporter of legalizing “heroin and cocaine and fentanyl.”
On The Campaign Trail
Just hours into his campaign, O’Rourke spoke about cannabis reform at a coffee shop in Iowa, signaling that the issue would be front and center as he found his footing in an already crowded race.
Speaking to a crowd in Iowa, Beto O'Rourke says "we should end the federal prohibition on marijuana," adding that the people hurt most by marijuana prohibition "do not look like this room. They are browner and blacker than most of America." https://t.co/jVu5m4xu8R pic.twitter.com/2LJM3fQC36
— CNN (@CNN) March 14, 2019
He said the country “should end the federal prohibition on marijuana” and observed that those most impacted by prohibition “do not look like this room. They are browner and blacker than most of America.”
In September, the candidate released a detailed marijuana-focused plan that included using federal cannabis tax revenue to fund a “Drug War Justice Grant” program to give direct monthly payments to formerly incarcerated people.
I believe today what I believed then: We don’t only need to legalize marijuana. We also need to repair the damage done to communities of color that have been locked up in our criminal justice system, or locked out of opportunity, because of the War on Drugs.
— Beto O'Rourke (@BetoORourke) September 19, 2019
It would also promote equity in the cannabis industry by tying federal funds for states to requirements that licensing fees be waived for low-income people who have been convicted of cannabis offenses. Small marijuana businesses would be protected from predatory investors under the plan, and a majority of licenses would be awarded to companies owned by minorities and people disproportionately impacted by the war on drugs.
Those cannabis proposals were reiterated in a broader criminal justice reform plan the candidate published in October, which also pledged to end mandatory minimum sentencing, cash bail and private prisons—positions the candidate had previously taken elsewhere.
Let’s end cash bail, private prisons, and the war on drugs. Let's confront the true legacy of slavery, of segregation, suppression, of how people have been criminalized & kept down based on their race and ethnicity. Only that truth will allow us to begin to repair the damage done
— Beto O'Rourke (@BetoORourke) March 30, 2019
If we believe in real justice reform in the face of the largest prison population on the face of the planet — one disproportionately comprised of people of color — let us not just end the prohibition of marijuana but expunge the record of those arrested solely for possession.
— Beto O'Rourke (@BetoORourke) March 30, 2019
That same month, O’Rourke released a substance use and addiction policy plan that called for broad decriminalization of drug possession, as well as the establishment of safe injection sites and other harm reduction measures to prevent overdoses.
Every day, more than 130 human beings overdose on opioids. 47,000 lose their lives to this epidemic every year. We need to be there for every victim of this crisis and hold accountable everyone who created it. Here’s our plan: https://t.co/XJ1wdhec5e
— Beto O'Rourke (@BetoORourke) October 24, 2019
During a campaign stop in Nevada in April, O’Rourke seemed to recommend medical cannabis as an alternative to opioids to a woman who said it was becoming more difficult to obtain the prescription for pain management in the midst of the drug crisis.
An unexpected q for O’Rourke from a woman who says she can only stand with the aid of opioids but that it’s getting harder to obtain them because of the epidemic. O’Rourke seems to suggest marijuana as an alternative for opioids.
— Nick Riccardi (@NickRiccardi) April 27, 2019
The former congressman has repeatedly argued that pharmaceutical companies should be held accountable for their role in the opioid epidemic.
“We are busting people for possession of marijuana—putting them in jail, forcing them to check a box on every employment application after their lease, making it impossible to attend [universities] because they no longer qualify for federally backed student loans,” he said during a CNN town hall in May. “And yet no one from Purdue Pharma has spent a night in jail or paid any significant consequence. We gotta do better.”
Last night, we outlined 6 ways to reform the justice system:
1⃣End a war on drugs that has become a war on people
2⃣End the prohibition on marijuana
3⃣Expunge the records of those locked away for possessing it
4⃣Eliminate private prisons
5⃣End mandatory minimums
6⃣End cash bail pic.twitter.com/gsCYeI4mKf
— Beto O'Rourke (@BetoORourke) May 22, 2019
While O’Rourke would later voice support for decriminalizing drugs beyond marijuana in the plan noted above, he sidestepped a question about the policy during the event.
At a Democratic presidential debate in October, the candidate said he agreed that decriminalizing opioids could mitigate the overdose crisis. He also talked about the importance of providing military veterans with access to cannabis.
Imagine if instead of prescribing our veterans opioids, we could prescribe them marijuana, because we made it legal in our country. Let's hold drug companies responsible for the opioid crisis—and end the war on drugs. pic.twitter.com/eJ1ypDnvL6
— Beto O'Rourke (@BetoORourke) October 16, 2019
In an interview with ABC News, O’Rourke noted that he’s been in favor of “an end to the war on drugs and an end of the prohibition on marijuana years before any other major candidate did it.”
The former congressman’s longstanding support for drug policy reform was also featured in a campaign video released in September.
Since my time on the El Paso City Council, I've been advocating for legalizing marijuana. We will never erase the damage done by the War on Drugs—the lives lost, the years spent behind bars—but we can end the cruelty today and begin to right the wrongs of our past. pic.twitter.com/Ho5gO6kUJ5
— Beto O'Rourke (@BetoORourke) September 21, 2019
“Since my time on the El Paso City Council, I’ve been advocating for legalizing marijuana,” he said in a tweet. “We will never erase the damage done by the War on Drugs—the lives lost, the years spent behind bars—but we can end the cruelty today and begin to right the wrongs of our past.”
O’Rourke said during a trip to the Southern border that the war on drugs and the deportation of convicted individuals has contributed to violence that has led people in South American to flee north for refuge.
“Whether it’s our war on drugs/or the fact that we have departed people out of our jails… and literally created the gangs that people are now fleeing. We have some culpability in this. But we also have the opportunity to make it right.” –@BetoORourke outside of the #Clint camp pic.twitter.com/gWrv4DSONd
— Andrew Kimmel (@andrewkimmel) June 30, 2019
“Too many fathers are unjustly away from their kids today because of a failed war on drugs waged disproportionately on communities of color, a cash bail system that punishes people for being poor, and a private prison industry funded by needlessly putting more people behind bars,” he wrote in June. “To permanently reshape the justice system, we must not just end the prohibition of marijuana and expunge the records of those arrested for possession but we must end cash bail, prisons for profit, mandatory minimums, & the schoolhouse to jailhouse pipeline. As president, I will.”
To permanently reshape the justice system, we must not just end the prohibition of marijuana and expunge the records of those arrested for possession but we must end cash bail, prisons for profit, mandatory minimums, & the schoolhouse to jailhouse pipeline. As president, I will.
— Beto O'Rourke (@BetoORourke) June 17, 2019
“Mass incarceration begins in kindergarten—when a child of color is more likely to be suspended or expelled,” the O’Rourke said in October. “We need to end the school-to-prison pipeline, end for-profit prisons, end cash bail, end the War on Drugs, and bring about transformative justice.”
Mass incarceration begins in kindergarten—when a child of color is more likely to be suspended or expelled.
We need to end the school-to-prison pipeline, end for-profit prisons, end cash bail, end the War on Drugs, and bring about transformative justice. pic.twitter.com/z44qHOGd3j
— Beto O'Rourke (@BetoORourke) October 29, 2019
He also applauded a court ruling that ordered pharmaceutical giant Johnson & Johnson to pay $572 million for its role in the opioid crisis, writing that it’s “about damn time.”
About damn time. We can't accept living in a country where Americans are in jail for possessing marijuana—but not a single Pharma exec has spent even a night behind bars for the opioid crisis. The least they can do is pay up. https://t.co/dbWlTHdJBc
— Beto O'Rourke (@BetoORourke) August 26, 2019
“We can’t accept living in a country where Americans are in jail for possessing marijuana—but not a single Pharma exec has spent a night behind bars for the opioid crisis,” he said. “The least they can do is pay up.”
During a campaign event in Los Angeles, O’Rourke met with advocates for social equity in the legal cannabis market and tweeted that legalizing marijuana “isn’t enough.”
“We also need to make sure those most impacted by the War on Drugs have a chance to benefit from his growing industry,” he said.
Part of that involves ensuring that “those most impacted by the war on drugs are the ones benefiting from the economic activity related to marijuana,” he added.
Legalizing marijuana isn't enough. We also need to make sure those most impacted by the War on Drugs have a chance to benefit from this growing industry. Thanks to everyone at Equity First Alliance and Cage-Free Cannabis in L.A. for sharing their stories with me today. pic.twitter.com/BJDjNLr4gg
— Beto O'Rourke (@BetoORourke) September 18, 2019
O’Rourke also discussed restorative justice policies in a meeting with cannabis business owners in Oakland.
LIVE NOW: Beto at Cannabis, Equity, and Justice Roundtable https://t.co/58r0OrlpFn
— Beto O'Rourke (@BetoORourke) September 19, 2019
“What is flower?” @BetoORourke asks this staffer at Blunts + Moore dispensary in East Oakland. The Democrat from Texas wants to legalize #marijuana and is proposing drug war justice grants for marijuana offenders. @nbcbayarea #Election2020 #BetoORourke pic.twitter.com/0UotDJlrDy
— Melissa Colorado (@melissacolorado) September 19, 2019
He said during a Reddit Ask Me Anything session that he will “end the war on drugs and treat it “not as a criminal justice challenge but as a public health opportunity.”
“People need help, treatment, support, long term recovery,” he said. “They don’t need to go to jail or be locked up in prison.”
Previous Quotes And Social Media Posts
O’Rourke has been ahead of the national drug reform conversation for some time, and his embrace of ending the drug war and legalizing marijuana has been frequently emphasized in speeches and social media posts.
It’s time to end the war on drugs. That starts by ending the federal prohibition on marijuana.
— Beto O'Rourke (@BetoORourke) September 21, 2018
About a year after O’Rourke’s resolution passed the council but was later vetoed, he told audience member at the 2009 International Drug Policy Reform Conference that the congressman threatening council members about the vote “was the best thing that could possibly happen to move the debate forward.”
That’s because “it drew so much attention and so much criticism and so much coverage nationally and internationally that it did much more than a unanimously passed resolution left on its own could have ever done,” he said.
— Beto O'Rourke (@BetoForCongress) February 22, 2012
O’Rourke became something of a face of bold drug policy reform, speaking at a Students for Sensible Drug Policy conference in 2010 and recalling his experience with the resolution.
But there was a moment, as he launched his challenge against Reyes, that he and his advisors considered softening his position.
Before his book, Dealing Death and Drugs: The Big Business of Dope in the U.S. and Mexico, was published, members of his campaign committee worried about drawing too much attention to his views on marijuana. But O’Rourke was apparently convinced that doing so would make him just like any other politician, according to Politico, and he pushed ahead.
And by the time he got to Congress, there was no more questioning where he stood. He promised, shortly after taking office, that he would be “getting more involved” in the issue and that he’d “do so through the perspective of the community I represent.”
True to form, he signed onto a bipartisan letter in 2014 imploring President Barack Obama to deschedule marijuana.
“You said that you don’t believe marijuana is any more dangerous than alcohol, a fully legalized substance, and believe it to be less dangerous ‘in terms of its impact on the individual consumer. This is true. Marijuana, however, remains listed in the federal Controlled Substances Act at Schedule I, the strictest classification, along with heroin and LSD. This is a higher listing than cocaine and methamphetamine, Schedule II substances that you gave as examples of harder drugs. This makes no sense.”
In another letter, he and several colleagues proposed cutting Drug Enforcement Administration (DEA) funding for its cannabis eradication program. And O’Rourke joined lawmakers in a separate letter urging Obama to promote ending the global war on drugs at a United Nations meeting.
Veterans access to medical cannabis was a priority for O’Rourke, who not only cosponsored legislation to accomplish that but also circulated a petition on the question of expanding access to send a message to Congress.
“We’ve agreed that when these veterans come back and transition into civilian life that we’re going to be there for their medical needs whatever they are,” he said. “Right now we’re talking about making sure that in those states where marijuana is already legal, VA doctors are able to discuss marijuana as a possible treatment option.”
We've got to allow doctors to prescribe what's in the best interests of our veterans, including cannabis. The research is clear: we need to stop denying legal access to something that will significantly ease the pain many of our veterans are living with.https://t.co/LkkwUzznra
— Beto O'Rourke (@BetoORourke) June 7, 2018
He sent out an email blast in 2014, fundraising on his drug reform platform.
“As a rational and humane country, we can decide, as we did with alcohol that the harms in the prohibition of marijuana far outweigh any gains in security and in our efforts to keep these drugs away from our fellow citizens,” he wrote.
And weeks before announcing his presidential bid, he sent out another email asking supporters to join him in the fight to legalize cannabis.
In an interview with Texas Monthly, O’Rourke stressed the need for federal legislation to end the war on drugs, and not just leave it up to states to legalize on an individual basis.
“Ending the prohibition on marijuana—not making it a state-by-state issue and hiding behind this baloney states’ rights defense, but instead making the tough but important decision to federally end the prohibition on marijuana—is gonna save lives, save billions of dollars, move us from a country that imprisons more of its own citizens than any other country on the face of the planet into one that sees more of those same citizens leading productive, taxpaying, constructive lives in communities all over our state.”
In an appearance on HBO’s Real Time with Bill Maher, O’Rourke reiterated his support for ending marijuana prohibition, saying the country has “the chance to do the right thing.”
“We have the world’s largest prison population bar none,” he said.
In his Senate run against Cruz where O’Rourke’s pro-reform agenda became a central feature of his candidacy. In his announcement speech, he said the country has “an opportunity to end this failed war on drugs.”
Our country has an incarceration rate higher than any other nation on the planet. This at a time when Jeff Sessions wants to double down on the failed war on drugs. Let's end it altogether. https://t.co/G9XTqrBL7b
— Beto O'Rourke (@BetoORourke) March 15, 2018
“We have an opportunity, after more than half the states in this union have stopped locking people up for marijuana convictions—have filled our jails so that we imprison more of own people than any other country—and make sure that we help those who are struggling with addiction, with drug use, find a better way, a connection to the help and the care that they deserve,” he said.
In numerous interviews, and in road trip videos posted on his social media accounts, O’Rourke talked about the need to legalize marijuana. While he made sure to stress that he wasn’t endorsing its use, he has framed the issue as necessary to repair injustices within our criminal justice system.
We must urgently address imbalances in our criminal justice system. Start by ending mandatory minimums for minor drug offenses, ending the fed. prohibition on marijuana, ending cash bail, stopping the use of private prisons, and providing an environment that welcomes re-entry.
— Beto O'Rourke (@BetoORourke) June 28, 2018
“[W]e are doing to almost ensures that marijuana’s going to be more available to them in middle school and certainly in high school than if it were controlled and regulated in its sale,” he said. “We have to reform our drug laws. We have to end the war on drugs.”
"We have to acknowledge that we have a war on drugs, that has become a war on people. We need to end that war, get those people out from behind bars, and raising families, and back in their place at home." – @BetoORourke #NAACPConvention
— Derrick Johnson (@DerrickNAACP) July 16, 2018
“Who’s going to be the last black man to be behind bars in Texas for something that’s legal in the rest of the United States?” O’Rourke asked at a campaign stop. “We need to end the war on drugs that’s become a war on people.”
Speaking at a Baptist church, O’Rourke talked about racial disparities in marijuana enforcement amidst an outcry over the death of Botham Jean, a Texas man who was killed by a police officer who entered his apartment.
“How can it be in this day and age—in this very year, in this community—that a young man, African American, in his own apartment, is shot and killed by a police officer?” O’Rourke asked. “And when we all want justice and the facts and the information to make an informed decision, what is released to the public? That he had a small amount of marijuana in his kitchen? How can that be just in this country?”
“Let me ask you this: in a country where the majority of the states in the union have already decided to make marijuana legal in one form or another—where people in California and Colorado and the Northwest are getting filthy rich legally selling marijuana today—who is going to be the last African American boy or man to rot behind bars in Texas for something that’s legal in almost every other single part of the country?”
Legalization quickly proved to be a winning issue among voters, O’Rourke told Roll Call.
“If I don’t bring it up in a meeting, it is brought up by a constituent,” he said. “I can be in a small town [or] big city, and it cuts across party lines.”
Throughout the race, though, Cruz attempted to cast O’Rourke as a radical who supports legalizing fentanyl at a time that the U.S. is grappling with an opioid crisis. After PolitiFact deemed that characterization “FALSE,” the senator called the organization a “liberal parody site.”
.@PolitiFact is a liberal parody site. When his Dem primary opponent said Beto “wants to legalize drugs” they said “half true.” When I said same thing, they say “false.” The text of the O’Rouke resolution calls for a “debate on ENDING THE PROHIBITION ON NARCOTICS.” ALL narcotics. https://t.co/4ceMUwGFJl
— Ted Cruz (@tedcruz) May 3, 2018
In an attack ad, Cruz said that O’Rourke’s comments on the drug war showed that he was “just too reckless for Texas.”
.@TedCruz also has a new TV ad contrasting his work on unemployment drug testing with @BetoORourke's 2009 comments about the war on drugs (Background: https://t.co/cLxvNdigIs). #txsen pic.twitter.com/leVOnazXaN
— Patrick Svitek (@PatrickSvitek) August 3, 2018
“I don’t want to legalize narcotics,” O’Rourke said at a CNN town hall event. “I do think we should end the prohibition on marijuana and effectively control and regulate its sale and make sure those who need it for medicinal purposes are able to obtain it.”
"I don't want to legalize narcotics. I do think we should end the prohibition on Marijuana and effectively control and regulate its sale and make sure those who need it for medicinal purposes are able to obtain it," O'Rourke says #TexasTownHall https://t.co/29rQpKYtsa pic.twitter.com/sh8F9CBlAc
— CNN Politics (@CNNPolitics) October 18, 2018
The two candidates clashed on marijuana and drug policy at a debate.
“I want to end the war on drugs and specifically want to end the prohibition on marijuana,” O’Rourke said. “What I do want to ensure is that where, in this country, most states have decided that marijuana will legal at some form—for medicinal purposes or recreational purposes or at a minimum be decriminalized—that we don’t have another veteran in this state, prescribed an opioid because the doctor at the VA would rather prescribe medicinal marijuana but is prohibited by law from doing that.”
Cruz’s campaign attacks didn’t seem to intimidate O’Rourke. He even played alongside legendary musician and cannabis enthusiast Willie Nelson, strumming and singing to the song “Roll Me Up and Smoke Me When I Die,” at a concert in the midst of the campaign.
In an op-ed for The Houston Chronicle, O’Rourke again called for the end of the drug war, which he said “has long been a war on people, waged on some people over other people.”
“Who is going to be the last man—more likely than not a black man—to languish behind bars for possessing or using marijuana when it is legal in more than half of the states in this country? We should end the federal prohibition on marijuana and expunge the records of those who were locked away for possessing it, ensuring that they can get work, finish their education, contribute to their full potential and to the greatness of this country.”
The candidate has also supported decriminalizing marijuana possession in his home state of Texas and expunging criminal records for prior cannabis possession convictions.
“Not only must we end the prohibition on marijuana, we must expunge the arrest records of those who arrested solely for the possession of something,” he said.
O’Rourke’s embrace of ending the drug war also extends globally, according to a list of action items he proposed as part of his immigration platform.
“End the global war on drugs,” he wrote. “An imprisonment- and interdiction-first approach has not worked, has accelerated the erosion of civil society in much of Latin America and has militarized a public health issue to the detriment of all concerned.”
After then Attorney General Jeff Sessions rescinded Obama era guidance on federal marijuana enforcement priorities last year, O’Rourke posted a video calling the decision a “terrible policy for our state and our country” that “sends us backwards.”
He also discussed cannabis reform during a roundtable discussion with other pro-reform lawmakers.
Personal Experience With Marijuana
“Like many people in this country, I’ve used marijuana,” he said during a campaign stop in September 2019. “Like many white people in this country, I was never stopped or frisked or arrested or put behind bars or had to check a box on every employment application form saying that I had a conviction because that never happened to me.”
While shaping his "End the War on Drugs" Plan @BetoORourke held a round table in LA & spoke to local activists. Part of the plan ensures "those most impacted by the War on Drugs are the ones benefiting from the economic activity related to marijuana." VIDEO of Beto on this issue pic.twitter.com/ewMnbQMMkM
— Tim Perry (@tperry518) September 19, 2019
“It wasn’t my experience. Disproportionately that experience has fallen to people of color in this country,” he said.
During his time in New York City, O’Rourke said he was around people who occasionally smoked cannabis and admitted that he was one of those people.
“Pot, yeah, there was definitely, you know,” he told The New York Times. “There was, uh, I don’t know how to put this, but yeah. People smoked pot, but not habitually.”
And beyond marijuana, O’Rourke revealed that in the 1980s he used the handle “Psychedelic Warlord” to post as a member of an online hacking group. That said, he did say in response to a voter’s question that he has never tried LSD.
Marijuana Under An O’Rourke Presidency
O’Rourke stands out among many of the current Democratic presidential candidates as someone who has long challenged prohibitionist drug policies and floated bold reform ideas before marijuana legalization entered the political mainstream. His track record and talking points are consistent, and he reiterated his call for ending cannabis prohibition within hours of announcing his candidacy. Therefore it is likely that he would to some extent prioritize federal marijuana and drug policy reform if elected president.
White House Completes Review Of CBD Guidance From FDA
The White House recently completed its review of pending Food and Drug Administration (FDA) guidance on marijuana and CBD research—though it remains to be seen whether the draft document will ultimately be released to the public.
FDA submitted its proposed plan—titled “Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research”—to the Office of Management and Budget (OMB) in May. Few details are known about its contents, but an FDA spokesperson previously told Marijuana Moment that it could inform the agency’s approach to developing regulations for the marketing of CBD.
OMB finished its review last week, as first reported by InsideHealthPolicy. This comes days after a spending bill for FDA was released that includes a provision providing “funding to develop a framework for regulating CBD products.”
Despite the review being finalized, however, an FDA representative told Marijuana Moment on Friday that the agency “cannot provide an update of when (or even if) this guidance will issue.”
“It will be announced via the Federal Register should it move to publication,” they said.
It’s not entirely clear why the guidance wouldn’t be published in the end, but it may take some time for FDA to implement any edits suggested by the White House over the past month, and it’s possible there are additional layers of review beyond OMB that could determine when and whether it will be finalized.
It also remains to be seen whether FDA plans to wait for this specific guidance to be finalized and for the resulting research to be completed before it gets around to issuing final rules for CBD products in general. Stakeholders have been eagerly awaiting those regulations so they can fully take advantage of the legalization of hemp and its derivatives.
Former FDA Commissioner Scott Gottlieb said in May that White House policies requiring OMB to review scientific documents in the first place represent an onerous step that’s delayed the issuance of guidance.
Beyond sending the draft research plan to the White House for review, FDA is also soliciting public input about the safety and efficacy of CBD in comment period it has decided to keep open indefinitely. The agency said in an update to Congress in March that it has several specific questions it wants answered before deciding whether the cannabidiol can be lawfully marketed. That includes questions about the impact of different methods of consumption and drug interactions.
This week, FDA submitted a report to Congress on the state of the CBD marketplace, and the document outlines studies the agency has performed on the contents and quality of cannabis-derived products that it has tested over the past six years.
In the meantime, FDA is maintaining enforcement discretion when it comes to action against companies that sell CBD products regardless of the lack of regulations and has said it is currently targeting sellers that make especially outlandish or unsanctioned claims about the therapeutic value of their products.
It sent a warning letter to a CBD company owned by a former NFL player after advertisements it displayed suggested its products could treat and prevent a coronavirus infection, for example.
FDA sent a letter warning to a company about its marketing of injectable CBD products that led to a voluntary recall in May.
The agency also publicized a voluntary recall of another CBD product from a different company, notifying consumers about potentially high levels of lead in a batch of tinctures.
FDA has previously issued warnings to other CBD companies that have made unsubstantiated claims about the therapeutic potential of their products.
Photo by Kimzy Nanney.
Veterans Working In Marijuana Industry Aren’t Automatically Blocked From Home Loans, VA Says
The U.S. Department of Veterans Affairs (VA) recently clarified to Congress that it does not have a policy automatically barring veterans from receiving home loans solely because they work in the marijuana industry—and now a key House committee is asking the department to better communicate that to lenders and would-be borrowers.
For the past year, Rep. Katherine Clark (D-MA) and other lawmakers have been pressing VA on difficulties some veterans have faced in securing the benefit, with at least one constituent telling Clark that they were denied a home loan because of their work in the state-legal cannabis market. That prompted the congresswoman to circulate a sign-on letter and introduce an amendment to resolve the problem.
However, in a report submitted to Congress last month that was obtained by Marijuana Moment, VA said there is no policy on the books that calls for home loan denials due to employment at a cannabis business. Instead, the department clarified that conflicting state and federal laws makes it “difficult to prove the stability and reliability of cannabis-derived income,” which are key factors in determining loan eligibility.
“VA is committed to working diligently to serve our Nation’s Veterans by providing eligible Veterans with home loan guaranty benefits,” VA said. “There is nothing in VA statutes or regulations that specifically prohibits a Veteran whose income is derived from state-legalized cannabis activities from obtaining a certificate of eligibility for VA home loan benefits. However, given the disparity between Federal and State laws on cannabis, determining whether such a Veteran is able to obtain a loan has become a complex issue.”
A person’s “reliance on [marijuana-derived] income may hinder a Veteran’s ability to obtain a VA-guaranteed home loan, a result that is consistent with other federal housing programs,” the report states. “VA also notes that many lenders have established their own income thresholds and policies on overlays, which are often more stringent than VA’s requirements, to ensure that the VA-guaranteed loan will be purchased by an investor in the secondary mortgage market.”
In other words, individual lending companies may be denying home loans to veterans because the cannabis industry-derived income they would use to pay back loans isn’t necessarily stable and reliable due to the fact that federal officials could shut down their employers at any time.
If that’s the case, then it doesn’t appear it would be necessary to pass legislation targeting the narrow issue in the way lawmakers did last year. Clark’s amendment to address the problem was approved by the House as part of a defense spending bill—though leaders in the chamber agreed to scrap it after the Senate didn’t include it in its version of the legislation.
The House Appropriations Committee also approved report language last year attached to the bill that funds VA expressing concern that the department “has never publicly stated its position on this matter, hindering Veterans’ ability to fully understand and consider how employment decisions could affect future eligibility for earned benefits.”
The newly released explanation from VA is a result of that provision.
Now, for the next fiscal year, a new report attached to the latest Military Construction, Veterans Affairs, and Related Agencies spending bill acknowledges VA’s recent policy clarification—but lawmakers are asking the department to do more.
“The Committee understands that as directed by House Report 116–63, VA has clarified that nothing in VA statutes or regulations specifically prohibits a Veteran whose income is derived from state-legalized cannabis activities from obtaining a certificate of eligibility for VA home loan benefits,” the report states. “The Committee directs the VA to improve communication with eligible lending institutions to reduce confusion among lenders and borrowers on this matter.”
Clark told Marijuana Moment that “no veteran should be denied benefits simply because they work within the legal cannabis industry.”
“This must be crystal clear in our laws and communicated directly to both borrowers and lenders,” the congresswoman said. “By including this language, we’re eliminating any doubt about the rights of our service members and protecting their ability to access what they’ve rightfully earned.”
In other veterans and cannabis news this year, the Congressional Budget Office released an analysis on a marijuana research bill for veterans and determined that it would have no fiscal impact. And a federal commission issued recommendations to promote research into the therapeutic potential of both cannabis and psychedelics such as psilocybin mushrooms and MDMA.
Read VA’s report on its home loan policy for veterans working in the marijuana industry below:
Photo courtesy of Mike Latimer.
Idaho Medical Marijuana Activists Ask State For Electronic Signature Gathering Option Following Court Ruling
Idaho activists have formally requested that the state allow them to collect signatures electronically for a medical cannabis legalization initiative following a series of federal court rulings on the issue in a case filed by a separate campaign.
While the signature submission deadline passed in May, advocates for an education funding campaign filed a suit against the secretary of state, arguing that social distancing restrictions that were put in place due to the coronavirus pandemic meant the state should give them more time to digitally petition. The judge agreed and ordered the state to allow them to do so for 48 days starting Thursday.
The marijuana reform campaign feels that the same relief should be extended to them as well, and an attorney representing the group sent a letter to the secretary of state this week, asking that the Elections Division also provide cannabis activists with the digital petitioning and deadline extension concessions that the federal judge granted to the education funding group.
In one of the latest developments, the state’s request to the U.S. Court of Appeals for the Ninth Circuit to temporarily force the suspension of electronic signature gathering was denied on Thursday, though the appeal on the broader case is ongoing. That’s given the cannabis activists more hope as they pursue legal routes to have the lower court’s ruling apply to them.
BREAKING: State of Idaho's request to block our e-signature drive for K-12 funding DENIED by the Ninth Circuit Court of Appeals. It's time to give Idaho voters a chance to do what those in power refuse to do: Save our schools from deep budget cuts & invest in our children. #idpol
— Luke Mayville (@lukemayville) July 9, 2020
Russ Belville, campaign spokesperson for the Idaho Cannabis Coalition, told Marijuana Moment that the group was “thrilled” to see the appeals court refuse to stay the electronic signature gathering decision.
“Our attorneys are working to convince the state to provide our Idaho Medical Marijuana Act petition the same electronic signature gathering relief, as we have suffered the same infringement of our petitioning rights,” he said. “It’s a shame it takes a pandemic to even consider allowing electronic signatures on petitions. Idaho should make every effort to make exercising our rights as easy as possible, especially for sick, disabled, elderly, infirm and rural folks without easy access to an in-person petitioner.”
In the new letter to Idaho Secretary of State Lawerence Denney, attorney Bradley Dixon said his client “has standing to pursue a remedy given the impact that the COVID-19 restrictions have had upon it.” The campaign “can show (1) they have suffered an injury in fact, which is both concrete and particularized, and actual or imminent; (2) their injury is fairly traceable; and (3) their injury will likely be redressed by a favorable outcome.”
“Moreover, just like Reclaim Idaho, as illustrated above, our client can show that it was diligent in collecting signatures and had adopted a thorough plan to achieve ballot success in advance of the unforeseeable coronavirus outbreak. Considering the merits of a possible case, our client’s First and Fourteenth Amendments rights have been harmed because the State of Idaho and its agents did not provide an alternative means to signature collection during the stay at home order, or during any of the phased reopening stages.”
The state’s stay-at-home order “made it impossible to retrieve all statutorily-required signatures because of both the reduction in time to collect such signatures, and the deadline date to obtain signatures falling on the same day as the end of the stay at home order,” the attorney said.
If the campaign is ultimately allowed to proceed with signature gathering, they will need 55,057 valid signatures to qualify for the November ballot. Activists said they have about 45,000 unverified signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
The group has indicated it is prepared to seek relief directly from the courts if the secretary of state does not comply with their request to his office.
Under the proposed ballot measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.
Advocates say that passing medical cannabis in one of the remaining states without such policies on the books would be a significant victory for patients in its own right—but it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently pending action in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Read the letter to the secretary state on allowing electronic signature gathering for medical marijuana below: