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Where Presidential Candidate Eric Swalwell Stands On Marijuana

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Rep. Eric Swalwell (D-CA) joined the ranks of 2020 Democratic presidential hopefuls on April 8, adding another pro-legalization voice to the current chorus of candidates.

The congressman, a former prosecutor who sits on the House Judiciary Committee, endorsed California’s adult-use legalization measure prior to its passage in 2016 and has cosponsored numerous pieces of cannabis legislation on Capitol Hill, including bills to end federal marijuana prohibition. His record on the issue earned him an “A+” grade from NORML.

Legislation And Policy Actions

While Swalwell has not been the lead sponsor of any cannabis bills, he’s put his name on several wide-ranging proposals as a cosponsor since joining Congress in 2013.

On four occasions, he signed on to legislation that would federally deschedule marijuana or otherwise shield state legalization laws from federal interference. On a more incremental level, he supported legislative efforts to protect states that have legalized medical cannabis from federal intervention. He also signed on to a bill to let defendants in federal court cases introduce evidence of their state-legal medical cannabis activity as a defense.

Swalwell cosponsored bills to secure banking access for state-legal marijuana businesses, to allow the U.S. Department of Veterans Affairs (VA) to study medical cannabis for veterans, to impose an excise tax on marijuana sales, to exempt real property from civil asset forfeitures for medical cannabis activity in compliance with state law and to increase the number of federally authorized marijuana manufacturers for research purposes.

The congressman also backed legislation to legalize industrial hemp in the 114th and 115th Congress.

Besides his bill cosponsorships, Swalwell has also voted in favor of floor amendments to shield medical cannabis from federal enforcement in 2014 and 2015. He voted for similar amendments to extend that protection to adult-use and CBD-only states in 2015.

Other amendments he’s supported include ones that would allow doctors at the VA to recommend medical cannabis, others to prevent the Justice Department from using its resources to interfere with state-legal hemp markets and one to provide banking access to legitimate marijuana businesses.

In 2014, Swalwell signed a bipartisan letter to President Barack Obama imploring him to direct the attorney general to remove marijuana from Schedule I of the Controlled Substances Act. He made the same request, along with 13 other members of Congress, in a spearate 2016 letter to Obama. He also asked Obama to lift barriers to marijuana research in a 2016 letter and, in 2018, requested that the president select a DEA head who is willing to “set drug enforcement priorities that make sense within the evolving landscape of state marijuana laws.”

The congressman joined colleagues in a separate letter in 2015, urging House and Appropriations Committee leadership to support an amendment that would shift money from the Drug Enforcement Administration (DEA) marijuana eradication fund to three unrelated accounts.

He was also part of large coalitions that sent a letters to House leaders in 2017 and 2018 asking them to maintain protections from federal intervention for states that have legalized medical cannabis.

After then-Attorney General Jeff Sessions rescinded Obama-era guidance on marijuana enforcement priorities for U.S. attorneys, Swalwell and 11 other House members sent a letter requesting a hearing on the cannabis policy change.

“We fear that the elimination of the Obama Administration’s marijuana enforcement guidance will promote an inefficient use of limited taxpayer resources and subvert the will of voters who have clearly indicated a preference for legalized marijuana in their states,” the lawmakers wrote.

Finally, in October 2018, Swalwell and others sent a letter to Sessions and the then-acting administrator of the DEA, questioning how the Trump administration can pursue a “buy American” agenda while blocking the domestic production of marijuana for research purposes.

Quotes And Social Media Posts

The congressman hasn’t taken to social media to make his views on marijuana reform heard quite as often as other Democratic candidates have. But what he has said—which is mostly confined to letters covered above—has made his stance on cannabis clear.

When he voted in favor of an amendment to protect medical marijuana states from federal intervention, Swalwell wrote on Facebook that, as a former prosecutor, “I did not take this vote on medical marijuana lightly.”

“But as someone who has seen first-hand how it has helped family members struggling with chronic illness and disease, I can’t allow them or any patient to live in uncertainty,” he wrote. “I voted to stop the DEA from enforcing federal marijuana laws against states that have passed medicinal marijuana laws.”

He also spoke about his relationship to family members who use medical cannabis when he was asked about his support for California’s adult-use legalization measure in 2016.

“I’m probably the most unlikely person to support it. I was a prosecutor for seven years,” he said. “For me, I just look at where we put our resources—and I have family members who use medicinal marijuana for a medical issue they have and it certainly helps. When I look at where we put our resources, the fact that we haven’t studied it enough to know if can help more people, why not decriminalize it? Why not better control it and pass Proposition 64?”

“Scientists and health care professionals believe that keeping marijuana illegal is unjustified,” he told The Sacramento Bee. “Prosecution of marijuana violations clog our already overburdened courts and cost hundreds of millions of dollars annually to enforce.”

During a congressional hearing in 2018, Swalwell pressed the head of the DEA about what’s being done to combat youth substance misuse, which led the official to say that he doesn’t believe that cannabis is a gateway drug.

The congressman also told Politico in 2017 that he “was disappointed that the [Obama] administration didn’t seize the opportunity to end” federal marijuana prohibition.

Speaking about a piece of marijuana legislation that he cosponsored, Swalwell said the bill “gives states more autonomy—and gets federal authorities off the back of states like California which already have made a choice to legalize—while giving landlords and federally-insured banks much-needed clarity that they’re not violating the law by getting involved with cannabis businesses.”

“It’s time that we sort this out once and for all,” he said.

Personal Experience With Marijuana

Swalwell said in 2016 that he’s “never tried the stuff,” which “probably makes me less qualified” to endorse California’s legalization measure.

“I was such a nerd in high school,” he said, “and playing college sports you get tested all the time.”

Marijuana Under A Swalwell Presidency

While marijuana reform might not be at the top of Swalwell’s agenda if he’s elected as compared to other candidates who have focused more intensely on the issue, he’s repeatedly indicated that he supports efforts to broadly end prohibition and allow states to set their own cannabis policies.

Additionally, his support for moves to increase research into medical cannabis, restrict the Justice Department from enforcing prohibition and lifting barriers to financial institutions for cannabis businesses means his platform is aligned with ongoing congressional efforts to change federal marijuana laws.

Where Presidential Candidate Tim Ryan Stands On Marijuana

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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

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Congressional Committee Asks JUUL For Documents On Marijuana Partnerships

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Is the e-cigarette company JUUL planning on expanding its stake in the marijuana industry?

That’s one question the chair of a congressional subcommittee asked the company in a letter concerning JUUL’s role in the “youth e-cigarette epidemic” earlier this month.

Lawmakers have frequently criticized JUUL for making products—specifically flavored e-cigarette cartridges—that allegedly appeal to young people at a time when rates of cigarette use are steadily declining. But while JUUL was developed by the cannabis vaporizer company PAX, it hasn’t announced plans to further partner with marijuana companies.

Rep. Raja Krishnamoorthi (D-IL), who chairs the House Subcommittee on Economic and Consumer Policy, apparently sees the possibility on the horizon, though.

In a letter sent to JUUL on June 7, the congressman said his panel was investigating youth e-cigarette usage and, specifically, how the company’s marketing tactics might be exacerbating the issue. He requested documents on everything from clinical trials on how JUUL devices divert people away from traditional cigarettes to communications on the company’s rationale for the nicotine concentration of JUUL pods.

Tucked within the extensive request is a question about potential marijuana partnerships. Krishnamoorthi asked for:

“All documents, including memoranda and communications, referring or relating to proposals, plans, and/or intended partnerships or collaborations between JUUL and any cannabis-related companies, including but not limited to Cronos Group.”

It’s not clear where the Cronos-specific mention comes from, but the company has perviously caught the interest of the tobacco industry. The maker of Marlboro cigarettes, Altria Group, invested almost $2 billion in the Canada-based cannabis company in December. Two weeks later, Altria invested $13 billion in JUUL.

Marijuana Moment reached out to JUUL, Cronos and Krishnamoorthi’s office for comment, but representatives did not respond by the time of publication.

If a partnership does emerge, it would likely be met with some controversy, as opponents and proponents of marijuana reform alike have long expressed concern that the tobacco industry would take over the cannabis market and commercialize it in a way that mirrors how it peddled cigarettes.

Of course, given that tobacco use is declining and tobacco companies generally have the infrastructure that would make a pivot to cannabis relatively simple, such a partnership would not be especially surprising.

Senate Majority Leader Mitch McConnell (R-KY) has made the case several times that tobacco farmers in his state could leverage the federal legalization of industrial hemp and its derivatives by growing the crop to offset profit losses from declining tobacco sales.

Read Rep. Krishnamoorthi’s full letter to JUUL below:

2019-06-07.Krishnamoorthi t… by on Scribd

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Photo courtesy of Wikimedia.

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New York Lawmakers Might Actually Vote On Marijuana Legalization This Week

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With just days left before the end of the legislative session, efforts to legalize marijuana in New York have been revived, with a possible vote this coming week.

Though momentum to pass a legalization measure seemed to largely die off after lawmakers in neighboring New Jersey announced they wouldn’t move forward with plans to end cannabis prohibition through the legislature, advocates are increasingly optimistic that a deal in the Empire State is imminent.

Democratic members in both the Senate and Assembly held conferences last week to discuss details of the legislation. Spectrum News reported that the meetings went well, with members indicating that there’s support for the measure.

That’s just one of several positive signs that a proposal many observers thought was dead for the year has new life.

On Saturday and Sunday, staff for legislative leaders from both chambers and Gov. Andrew Cuomo (D) met to negotiate provisions of a revised legalization plan.

On Wednesday, an earlier Senate version of the bill was assigned “same as” status in the Assembly version. That means the current proposals in each chamber lined up with identical language and is considered to be an indicator that the legislation could pass.

Assembly Speaker Carl Heastie (D) said on Friday that his party has yet to determine whether they’ll bring the bill to the floor, but he added that “I think there is support in the conference.”

He also characterized the window of time until the end of the session on Wednesday as “an eternity.”

Cuomo, who said late last month that passing legalization remains a top 10 priority, has said that lawmakers who fail to approve items on his agenda, including ending cannabis prohibition, “should all be primaried, because that is a failure of a basic progressive agenda.”

On the flip side, the chairman of New York’s Democratic Party said earlier this month that if the Senate approves the legalization bill, they run to risk of alienating voters in certain areas such as Long Island and upstate New York. But that argument neglects to account for recent polling that shows voters in those regions strongly support legalization.

Notably, the measure’s most vocal opponents with the anti-legalization Smart Approaches to Marijuana have been sending email blasts in recent days urging their supports to call senators and voice opposition to the bill, giving the impression that the group is anticipating a vote.

Assembly Majority Leader Crystal Peoples-Stokes (D), sponsor of the legalization legislation, seemed to confirm that suspicion on Friday, stating that after “conversations with my co-sponsor and colleague in the Senate, I am even more confident of a path for victory.”

But despite that confidence, the fate of legalization in New York remains murky. An analysis earlier this month found that legalization was two votes short of a needed majority in the Senate.

Meanwhile, a number of key elected officials are calling on the governor and lawmakers to not only push legalization over the finish line but to include certain key provisions in the final legislation.

State Attorney General Letitia James (D) sent a letter urging that the bill expunge prior cannabis records.

“Before we create a booming business for legal marijuana, we must provide relief to those individuals that have paid much more to society than what was due,” she wrote.

New York City Mayor Bill de Blasio (D), a 2020 presidential candidate, also pushed for expungements and said in a Twitter thread that legalization should “empower local business and not big corporations.”

And the Manhattan and Albany County district attorneys co-authored an op-ed calling leaders to “correct staggering inequities and promote public safety by passing” legalization.

 

The Buffalo News reported on Sunday afternoon that there were still a number of outstanding issues left to be settled between lawmakers, including whether or not home cultivation of cannabis would be allowed, how tax revenue would be allocated and whether localities would have to proactively opt in to allowing marijuana businesses or if there would instead be an opt out provision for those wanting to ban cannabis commerce.

The session ends on Wednesday, and so far no vote has been scheduled in either chamber.

Meanwhile, lawmakers early on Monday morning filed what appears to be backup legislation to expand the decriminalization of marijuana and to provide a process to expunge or vacate prior cannabis convictions. And others support putting legalization on the ballot through a referendum that voters can decide on.

The situation is very fluid, and over the next few days advocates will be stepping up the push for action in Albany. On Sunday, they held a rally outside Cuomo’s Manhattan office.

Bill Allowing Interstate Marijuana Commerce Heads To Oregon Governor’s Desk

This post has been updated to include the latest developments as well as comment from a number of elected officials.

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Texas Governor Signs Bill To Expand State’s Medical Marijuana Program

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The governor of Texas signed a bill into law on Friday that significantly expands the state’s medical cannabis program.

The legislation, which was overwhelmingly approved by lawmakers last month, adds multiple medical conditions to the list of disorders that qualify patients of low-THC marijuana. Currently only patients with intractable epilepsy qualify under the CBD-focused program.

New qualifying conditions include epilepsy, multiple sclerosis, terminal cancer, autism, spasticity and amyotrophic lateral sclerosis.

Gov. Greg Abbott (R) signed the bill with little fanfare.

Reform advocates said the legislation is a big step in the right direction, even though it doesn’t go as far as they’d hoped. A 0.5 THC cap on marijuana products remained in the bill, for example, and a section that would have established a research program to study the therapeutic potential of cannabis was removed.

“Cannabis is effective medicine for many patients suffering from debilitating medical conditions,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “HB 3703 represents a positive step toward a functional medical cannabis program, but sadly, it still leaves behind millions of Texas families that could benefit from legal access.”

Also this legislative session, the House of Representatives approved bills to more comprehensively expand the medical cannabis program and to decriminalize marijuana possession, but they died in the Senate.

Abbott signed a hemp legalization bill earlier this week.

Bill Allowing Interstate Marijuana Commerce Heads To Oregon Governor’s Desk

Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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