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Where Presidential Candidate Julián Castro Stands On Marijuana

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Julián Castro, a former U.S. Housing and Urban Development secretary and San Antonio mayor, announced on January 12, 2019 that he was running for president. On January 2, 2020, he ended his campaign.

Castro has a relatively thin record on marijuana, but there are a few clues about how he would handle cannabis policy if elected to the White House.

This piece was last updated on January 2, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race.

Legislation And Policy Actions

Unlike his identical twin brother Joaquín, Julián Castro has never served in Congress and, as such, hasn’t had the opportunity to vote on federal cannabis amendments or to sponsor marijuana legislation.

But in his role as a member of President Barack Obama’s cabinet, he did oversee one federal marijuana policy action.

Under his leadership, the Department of Housing and Urban Development (HUD) published a 2014 memo clarifying that owners of federally assisted housing facilities are required to deny entry to people who use marijuana, even for medical purposes in accordance with state law. The guidance did say, however, that it is up to owners’ discretion whether people who already live in public housing must be evicted if cannabis use is later discovered.

The document was an update to a similar 2011 memo issued under prior Obama administration HUD Sec. Shaun Donovan.

On The Campaign Trail

In a criminal justice reform plan Castro released in October, he called for legalizing marijuana, expunging prior cannabis convictions and reinvesting in communities most impacted by the drug war.

“As president, I will bring our misguided War on Drugs to an end,” he said. “We will regulate the market and place a tax on all recreational sales, investing billions in revenue generated in the communities disproportionately harmed by the War on Drugs.”

“We need to ensure that we build on [sentencing reform legislation] and reform our criminal justice system,” Castro said in a speech to the National Action Network in April 2019. “That we do things like legalize marijuana. That we encourage communities to go back and expunge the records of too many who have been caught up in this criminal justice system and locked behind bars for small-level offenses.”

Castro said in November that he’s open to decriminalizing drugs beyond marijuana and voiced support for allowing local jurisdictions to implement safe consumption sites where people can use illicit substances in a medically supervised environment.

He reiterated his support for legalization during an interview on The Breakfast Club radio show.

“I think that we have good examples in places like Colorado of how you can [legalize cannabis],” he said. “Obviously it’s going to be regulated and the regulation of it needs to be thoughtful.”

He went on to say that he hopes communities that have been disproportionately impacted by the drug war are able to benefit from a legal cannabis market and said legalization should be coupled with expungements for prior marijuana convictions.

“I’m a fan of some of these jurisdictions that have gone backward to try and expunge records because there have been so many people, especially in communities of color, that have ended up incarcerated and serving time in jail for relatively minor offenses and for marijuana that in some states is already legal,” Castro said. “We need to do that, we need to build on that First Step Act that was just passed. We need to continue to reform our criminal justice system.”

His point about the need for expungement also came up during a CNN town hall event.

“On top of [legalization] we need to go back and expunge the records of people who were imprisoned because of using marijuana. And this is important. This part is important, in part, because there are a lot of people, and folks in this audience probably know some of them who have served jail time, right, and disproportionately it’s impacted communities of color and poor neighborhoods of people who have been imprisoned because of marijuana use. So it’s not enough just to say we want to legalize it. We actually want to go back and expunge these records.”

“Legalize it. Then expunge the records of folks who are in prison for marijuana use,” he tweeted.

He posted an almost identical tweet in November.

Castro also emphasized his support for legalization in a speech at the music and arts festival South By Southwest.

“We need sentencing reform, we need to invest in public defenders, we need to do cash bail reform and also do things like legalize marijuana and invest in diversion programs so that people don’t get caught up in this system in the first place,” the candidate said during a campaign stop in Iowa.

On the 86th anniversary of the end of alcohol prohibition in December, the candidate said that the country should follow suit by legalizing cannabis.

During a campaign event in New Hampshire in September, Castro said the country needs “to reimagine our criminal justice system—investing in public defenders, in sentencing reform, cash bail reform, legalizing marijuana and investing in diversion programs so that instead of ending up in jail, more young people are able to reach their dreams.”

Days later, he reiterated that point in a tweet.

“We need to invest in diversion programs and legalize marijuana, so that our kids can achieve their dreams instead of getting caught up in the criminal justice system,” he said.

In response to incidents of vaping-related lung injuries, the candidate said, “We need to legalize cannabis nationwide and properly regulate products in order to keep folks safe.”

In October, Castro answered a Twitter question about how his plan for legalization would address racial inequities in the cannabis industry.

“Addressing the injustice of the failed war on drugs means that we must legalize and regulate marijuana, and ensure victims of these policies—a majority of whom were Black and Brown—have their records expunged and are given access to economic development opportunities,” he replied.

Previous Quotes And Social Media Posts

Castro has been critical of Trump administration signals about potentially interfering with state marijuana laws.

As reported in a local TV segment from early 2014, when he was San Antonio mayor, Castro was asked about cannabis during an appearance at a local high school and responded that he hadn’t yet made up his mind about legalization.

“What I think you see across the country is a consideration about the science and what states should do, whether for instance, they should look at medical marijuana or fully legalizing it,” he said, according to a Wayback Machine archive of the now-deleted KENS-TV page. “I haven’t looked at the science yet about addiction and what it means, but it’s certainly something that I think deserves more scrutiny and more analysis.”

More recently, Castro retweeted a Twitter post from Rep. Ro Khanna (D-CA) that highlighted local efforts to expunge prior cannabis convictions, which said, “Legalizing marijuana must include a push for restorative justice.”

Personal Experience With Marijuana

Castro said at an event in Nevada that he’s “never done marijuana,” but that there’s “plenty of evidence that you can regulate this, so that you can do it in an orderly, safe way.”

He also wrote in a book that he hung out in college with a “Jeff Spicoli” type, a reference to a stoner character from the film Fast Times at Ridgemont High. That said, Castro wrote that his friend “wasn’t smoking weed at the beach,” so it’s not exactly clear if he ran with the cannabis crowd as a student.

Marijuana Under A Castro Presidency

Outside of a few social media posts and statements, Castro has been relatively silent about his views on marijuana policy. But his sparse comments to date indicate that he would likely respect the right of states to implement their own cannabis laws without federal interference if elected.

Where Presidential Candidate Elizabeth Warren Stands On Marijuana

Photo element courtesy of Gage Skidmore.

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.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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Kansas Medical Marijuana Hearings Cancelled After Senate GOP Leader Reroutes House-Passed Bill

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A House-passed bill to legalize medical marijuana in Kansas seems to be in jeopardy, with GOP Senate leadership moving the legislation out of a committee and into a different panel where it may sit in legislative limbo, resulting in the cancellation of hearings that were scheduled to be held this week.

Advocates are concerned about the decision by Senate President Ty Masterson (R), who withdrew the cannabis reform legislation from the Senate Federal and State Affairs Committee days before hearings were to be held on Tuesday and Wednesday. It was then re-referred to the Senate Interstate Cooperation Committee, which Masterson chairs and where the bill’s fate is unclear.

This doesn’t necessarily mean that medical marijuana legalization is off the table for Kansas in 2022, but it does seem to signal that the reform might need to be enacted through another vehicle, either in the legislature or at the ballot, as top Democratic lawmakers in the state are pursuing.

“We certainly hope that this action is just making sure that this bill meets any concerns that Senate leadership may have concerning this historic legislation,” Kevin Caldwell, a legislative manager at Marijuana Policy Project (MPP), told Marijuana Moment. “This bill had widespread bipartisan support in the House last session. We hope Senate President Masterson quickly holds a committee hearing and advances this legislation.”

When the proposal was being advanced in the House last year during the first half of the two-year session, members amended an unrelated bill that previously cleared the Senate to make it the chamber’s vehicle for the policy change. Because of that, it was ruled “materially changed” last May and sent to the Senate for committee consideration.

Now there’s a question of whether lawmakers will be motivated to introduce another separate bill and try to move it through both chambers, requiring another House vote. The Senate president seemed to temper expectations in recent remarks, telling The Kansas City Star that “not a single member” of his caucus has expressed that the issue “was important to them.”

That’s not how Kansas Democrats feel, however. House Minority Leader Tom Sawyer (D) and Assistant Minority Leader Jason Probst (D) said this month that they will be introducing proposals to let voters decide on legalizing medical and adult-use marijuana in the state. At the time, Sawyer said he was “hopeful” that the legislature might separately advance the House-passed legalization measure.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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

“The people of Kansas deserve to know if senators support the overwhelming majority of people who want to alleviate patients’ suffering with a medical cannabis program,” MPP’s Caldwell said. “Now is the time to show compassion to their fellow citizens and vote this bill out of committee.”

“Kansas is one of fourteen states left without a medical cannabis program,” he said. “We have faith that the Kansas Senate will pass this legislation this session and this is just another step in that process.”

Michael Pirner, Masterson’s communications director, told the Star that “medical marijuana legislation is not a priority of Senate leadership,” but did signal the issue may still be considered before the year is over.

“The subject matter has clearly matured and we expect it to be considered at some level this session,” he said. “There are many more pressing topics on the Senate agenda.”

The bill as drafted contains several significant restrictions, including a ban on smokeable cannabis. Members of the Senate Federal and State Affairs Committee did get a briefing on the issue at a meeting last week ahead of the expected, now-cancelled formal hearings before the panel.

Meanwhile, the constitutional amendment that the Democratic leaders are proposing would provide for a more comprehensive program that lawmakers would need to implement.

Gov. Laura Kelly (D), for her part, wants to see medical cannabis legalization enacted, and she said at a briefing with reporters on Friday that she “absolutely” thinks the bill could pass if “everything else doesn’t take up all the oxygen.”

She previously pushed a separate proposal that would legalize medical cannabis and use the resulting revenue to support Medicaid expansion, with Rep. Brandon Woodard (D) filing the measure on the governor’s behalf.

Kelly has she said she wants voters to put pressure on their representatives to get the reform passed.

The governor also said in 2020 that while she wouldn’t personally advocate for adult-use legalization, she wouldn’t rule out signing the reform into law if a reform bill arrived on her desk.

Marijuana Banking Bill Sponsor Says He’s ‘Gonna Get That Darn Thing Passed’ Before Leaving Office

Photo courtesy of Philip Steffan.

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Marijuana Banking Bill Sponsor Says He’s ‘Gonna Get That Darn Thing Passed’ Before Leaving Office

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Rep. Ed Perlmutter (D-CO) is retiring from Congress at the end of this session, but he says that he’s going to work to pass his marijuana banking bill before his time on Capitol Hill comes to an end.

The congressman spoke to Colorado Public Radio last week about his decision not to run for reelection this November and his disappointment that, while the House has approved the Secure and Fair Enforcement (SAFE) Banking Act five times now in some form, the Senate has failed to advance it under both Republican and Democratic leadership.

“That one still has me pretty irritated,” Perlmutter said, referring to the fact that Senate Majority Leader Chuck Schumer (D-NY) has effectively blocked his bipartisan legislation. When there was a GOP Senate majority, he was told the bill was “too big and too broad.” Then with a Democratic majority, he’s told that it’s “too narrow and too limited.”

Schumer and his colleagues who are working on a federal legalization bill have repeatedly said that they do not want to see the SAFE Banking Act pass before comprehensive reform is enacted that addresses equity issues. Supporters of the banking bill argue that the incremental policy change is necessary for promote public safety and, importantly, it stands a much stronger chance of getting to the president’s desk with bipartisan support.

Nonetheless, Perlmutter said he plans to spend his remaining months in office pushing to get the job done.

“I have not given up on that one,” he said. “I’m gonna get that darn thing passed this year while I still serve out my term.”

Listen to Perlmutter discuss the marijuana banking legislation, starting around 10:24 into the audio below: 

Asked whether he thinks President Joe Biden would be inclined to sign the measure if it did get to his desk, the congressman said “absolutely.”

“Treasury Secretary [Janet] Yellen is somebody who has been talking to me about this for years,” he said. “I feel very good that it would pass. We’re at 47 states that have some level of marijuana use, all the territories and District of Columbia, and they need to have legitimate banking services.”

“It’s just a no brainer in my opinion,” he said. “And yeah, I’m a little bit irritated, but we’re gonna keep working on it and get it passed this year.”

The last attempt that Perlmutter made to enact the reform was by adding its language to a must-pass defense bill, but it was ultimately sidelined following bicameral negotiations and did not make it into the final version. The congressman told Marijuana Moment last month that he sees other potential vehicles to advance the bill and has spoken with House Speaker Nancy Pelosi (D-CA) about it.

Even some Republicans are scratching their heads about how Democrats have so far failed to pass the modest banking reform with majorities in both chambers and control of the White House. For example, Rep. Rand Paul (R-KY) criticized his Democratic colleagues over the issue last month.

Top Federal Drug Official Says ‘Train Has Left The Station’ On Psychedelics As Reform Movement Spreads

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Top Federal Drug Official Says ‘Train Has Left The Station’ On Psychedelics As Reform Movement Spreads

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A top federal drug official says the “train has left the station” on psychedelics.

National Institute on Drug Abuse (NIDA) Director Nora Volkow said people are going to keep using substances such as psilocybin—especially as the reform movement expands and there’s increased attention being drawn to the potential therapeutic benefits—and so researchers and regulators will need to keep up.

The comments came at a psychedelics workshop Volkow’s agency cohosted with the National Institute of Mental Health (NIMH) last week.

The NIDA official said that, to an extent, it’s been overwhelming to address new drug trends in the psychedelics space. But at the same time, she sees “an incredible opportunity to also modify the way that we are doing things.”

“What is it that the [National Institutes of Health] can do to help accelerate research in this field so that we can truly understand what are the potentials, and ultimately the application, of interventions that are bought based on psychedelic drugs?” Volkow said.

The director separately told Marijuana Moment on Friday in an emailed statement that part of the challenge for the agency and researchers is the fact that psychedelics are strictly prohibited as Schedule I drugs under the federal Controlled Substances Act.

“Researchers must obtain a Schedule I registration which, unlike obtaining registrations for Schedule II substances (which include fentanyl, methamphetamine, and cocaine), is administratively challenging and time consuming,” she said. “This process may deter some scientists from conducting research on Schedule I drugs.”

“In response to concerns from researchers, NIDA is involved in interagency discussions to facilitate research on Schedule I substances,” Volkow said, adding that the agency is “pleased” the Drug Enforcement Administration recently announced plans to significantly increase the quota of certain psychedelic drugs to be produced for use in research.

“It will also be important to streamline the process of obtaining Schedule I registrations to further the science on these substances, including examining their therapeutic potential,” she said.

At Thursday’s event, the official talked about how recent, federally funded surveys showed that fewer college-aged adults are drinking alcohol and are instead opting for psychedelics and marijuana. She discussed the findings in an earlier interview with Marijuana Moment as well.

“Let’s learn from history,” she said. “Let’s see what we have learned from the marijuana experience.”

While studies have found that marijuana use among young people has generally remained stable or decreased amid the legalization movement, there has been an increase in cannabis consumption among adults, she said. And “this is likely to happen [with psychedelics] as more and more attention is placed on these psychedelic drugs.”

“I think, to a certain extent, with all the attention that the psychedelic drugs have attracted, the train has left the station and that people are going to start to use it,” Volkow said. “People are going to start to use it whether [the Food and Drug Administration] approves or not.

There are numerous states and localities where psychedelics reform is being explored and pursued both legislatively and through ballot initiative processes.

On Wednesday—during the first part of the two-day federal event that saw nearly 4,000 registrants across 21 time zones—NIMH Director Joshua Gordon stressed that his agency has “been supporting research on psychedelics for some time.”

“We can think of NIMH’s interests in studying psychedelics both in terms of proving that they work and also in terms of demonstrating the mechanism by which they work,” he said. “NIMH has a range of different funding opportunity announcements and other expressions that are priorities aimed at a mechanistic focus and mechanistic approach to drug development.”

Meanwhile, Volkow also made connections between psychedelics and the federal response to the coronavirus pandemic. She said, for example, that survey data showing increased use of psychedelics “may be a way that people are using to try to escape” the situation.

But she also drew a metaphor, saying that just as how the pandemic “forced” federal health officials to accelerate the development and approval of COVID-19 vaccines because of the “urgency of the situation,” one could argue that “actually there is an urgency to bring treatments [such as emerging psychedelic medicines] for people that are suffering from severe mental illness which can be devastating.”

But as Volkow has pointed out, the Schedule I classification of these substances under federal law inhibits such research and development.

The official has also repeatedly highlighted and criticized the racial disparities in drug criminalization enforcement overall.

Delaware Lawmakers File New Marijuana Legalization Bill With Key Equity Revisions

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