Former U.S. Rep. John Delaney (D-MD) might not have the same level of name recognition as other Democrats running for their party’s 2020 presidential nomination, but what he does share with most other candidates is support for reforming federal marijuana laws.
That said, the Maryland politician, who announced that he was running back in 2017, hasn’t vocally embraced full cannabis legalization. But he received a “B” grade from NORML in 2016 for his consistent votes in favor of marijuana reform amendments in the House.
Legislation And Policy Actions
Delaney co-sponsored seven cannabis-related bills during his time in Congress. That includes legislation that would remove cannabidiol (CBD) from the Controlled Substances Act (signing onto versions of this specific bill three times), another that would protect individuals participating in state-legal marijuana activities from federal interference, one that focuses on protecting patients in medical cannabis states and two versions of a bill to shield banks working with marijuana businesses from federal penalties.
He didn’t introduce any cannabis bills himself, however.
When it came to House floor votes for amendments aimed at scaling back federal marijuana enforcement, Delaney was a consistent “aye” in support of reform. He voted for proposals to protect medical cannabis states from federal intervention in 2014 and 2015. He supported another measure covering CBD-only states in 2015 and that year also voted for a broader amendment to shield all legal cannabis states from Justice Department intervention.
Delaney backed an amendment to allow U.S. Department of Veterans Affairs doctors to recommend medical cannabis for veterans during in 2014, 2015 and 2016. He also voted “aye” on four separate amendments meant to lift federal restrictions on industrial hemp.
Finally, the former congressman supported an amendment that would block the federal government from punishing banks that work with marijuana businesses acting in compliance with state law.
Quotes And Social Media Posts
While Delaney has a solid record of pro-reform votes, his public comments and social media posts on marijuana are far and few between. A search of his Twitter and Facebook accounts, where several Democratic candidates have been particularly vocal about their support for reform, turns up no hits for key search terms related to cannabis.
That said, when then-Attorney General Jeff Sessions rescinded Obama-era guidance on federal marijuana policy, Delaney spoke out in a statement to The Washington Post.
“The Cole Memo provided clear guidance to an otherwise conflicting situation,” he said. “Revoking the Cole Memo will restore that confusion and undermines the will of the voters in several states.”
Delaney told the Boston Globe that current marijuana policy “has contributed to a criminal justice system where people of color are disproportionately harmed.” A spokesman told the newspaper that the candidate “supports removing marijuana from Schedule I of the Controlled Substances Act, allowing states to set their own policy on legalization, and implementing sweeping federal regulatory policies and taxation on its use.”
Asked by a C-SPAN caller what he though about medical cannabis in a February 2019 appearance, Delaney said, “I clearly am supportive of medical marijuana. I think everyone should have it available to them as prescribed by their doctor. So to me that’s a fairly straightforward issue.”
During an earlier C-SPAN interview about a book he’d written, former interim Democratic National Committee chair Donna Brazile mentioned that he hadn’t dedicated pages to issues like criminal justice reform and marijuana legalization. Delaney expressed his support for criminal justice reform broadly but didn’t clarify where he stands on legal cannabis.
In 2013, a Daily Kos contributor reportedly reached out to Delaney’s office to inquire about his position and part of the response they received noted that “while federal, state, and local laws pertaining to marijuana do lead to criminal justice costs, there is also a risk that decriminalization or legalization might further exacerbate these costs.”
Marijuana Moment reached out to Delaney’s campaign for comment on his position on marijuana legalization, but a representative was not immediately available.
Personal Experience With Marijuana
Delaney has not spoken publicly about any personal experience with cannabis.
Marijuana Under A Delaney Presidency
Based on his consistent embrace of legislation designed to protect legalized states from federal marijuana enforcement, it’s reasonable to assume that the cannabis industry would continue to be able to operate and evolve under a Delaney presidency without federal interference. That said, the former congressman’s personal position on legalization remains unclear, and so it’s not certain that he’d pursue a wide-ranging reform agenda as a priority if elected.
Photo courtesy of Philip Steffan.
White House Drug Officials Say Legal Marijuana Is Up To States
Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.
The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.
Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.
Got the answer: He believes it should be left up to the state. However, he does want to educate people on the effect marijuana has on young brain development, pregnant women and wants to come up with better guidance & testing for marijuana while driving. https://t.co/eifryNJB1j
— Kayla Sullivan (@KaylaReporting) August 14, 2019
It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.
Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.
Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”
“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”
Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.
During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”
“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”
He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”
Photo courtesy of Philip Steffan.
New Industry-Backed Marijuana Legalization Measure Filed In Florida
Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.
Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.
The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.
“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”
The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.
It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.
There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.
A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.
The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.
It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.
In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.
Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.
To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.
“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”
Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.
“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”
Read the full text of Make It Legal Florida’s marijuana proposal below:
Photo courtesy of WeedPornDaily.
Defense Department Official Stresses CBD Ban For Military Members
A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.
Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”
While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.
“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”
Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.
The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.
That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”
Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.
In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.
The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.
Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.
“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”
She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.
Photo by Sam Doucette on Unsplash.