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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 is running for president.

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 November 15, 2019 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.”

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.

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.

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

It’s unknown if Castro has ever consumed cannabis, though he did write in his 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—or if he ever partook himself.

Marijuana Under A Castro Presidency

Outside of a few social media posts, 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 15-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.)

Politics

Bipartisan Lawmakers Tell DEA To Let Researchers Study Marijuana From Dispensaries

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A bipartisan coalition of lawmakers from the House and Senate sent a letter to the Justice Department on Friday, requesting a policy change allowing researchers to access marijuana from state-legal dispensaries to improve studies on the plant’s benefits and risks.

The letter, led by Rep. Harley Rouda (D-CA) and Sen. Brian Schatz (D-HI), cites feedback from federal health agencies, which have said that existing restrictions on cannabis have inhibited research. One problem in particular is that there’s only one federally authorized manufacturer of research-grade marijuana.

While the Drug Enforcement Administration (DEA) said that it is in the process of approving additional manufacturers, it’s been more than three years since they first announced that applications for more growers would be accepted and, more recently, the agency said it would have to develop alternative rules to approve proposals that have been submitted.

“At the same time, the status quo does not address a barrier to research raised by both [the National Institutes of Health] and [the Food and Drug Administration],” the lawmakers wrote in the new letter. That barrier is a ban on researchers being able to obtain marijuana from dispensaries.

“Both agencies recommended that researchers should be able to obtain cannabis from state-legal sources,” the letter states.

Further, the lawmakers said that there are “problems in industry development of licensed drugs with data from products obtained from third-parties, such as the University of Mississippi.”

“In many states, cannabis law and regulations already provide for licensing of industrial manufacturing activities, and products are available for medical use in those states, but not for research leading to FDA licensure,” they wrote.

“There is a need for a greater diversity of cannabis products so that research on benefits and risks reflects the realities of what consumers and patients are using. NIH and FDA have strongly recommended streamlining the process for conducting research and product development activities with cannabis and other Schedule I substances, and that the DEA take action to assure that interpretations of processes and policies are universally applied in local DEA jurisdictions.”

The lack of chemical diversity in the federal government’s cannabis supply has been repeatedly pointed out. One study found that the research-grade cannabis is more similar to hemp than marijuana in commercial markets.

To resolve the research issues, the coalition made two recommendations: 1) to amend internal policy “so as to allow researchers with Schedule I licenses to obtain cannabis-derived products from state authorized dispensaries for research purposes” and 2) issue guidance clarifying that hemp researchers do not need a DEA license to obtain and study hemp because it was federally legalized under the 2018 Farm Bill.

The letter requests a response from DEA by December 20.

A total of 21 members of Congress signed the letter, including Sens. Kamala Harris (D-CA) and Cory Gardner (R-CO), along with Reps. Earl Blumenauer (D-OR), Barbara Lee (D-CA) Matt Gaetz (R-FL) and Joe Kennedy (D-MA).

“Our nation’s cannabis research laws are archaic,” Rouda said in a press release. “Forty-seven states have legalized some form of cannabis consumption—we must ensure our federal agencies and other licensed institutions can comprehensively study the benefits and risks of cannabis products.”

“I thank Senator Schatz, and my colleagues on both sides of the aisle, for joining me to make this common-sense request,” he said. “It’s time to bring our drug research policies into the 21st century.”

Attorney General William Barr received a similar letter from lawmakers about the need to expand the number of federally authorized marijuana cultivators in April.

Read the lawmakers’ full letter on expanding marijuana research below:

FINAL Letter to DOJ Re. Can… by Marijuana Moment on Scribd

People Are Skipping Sleep Aids In Favor of Marijuana, Study Reports

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Oregon Activists Begin Signature Gathering For 2020 Drug Decriminalization Initiative

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Oregon activists have begun collecting signatures for a statewide initiative to decriminalize possession of all drugs.

Three months after petitioners quietly submitted the proposed ballot measure—titled the “Drug Addiction Treatment and Recovery Act” (DATRA)—the signature gathering process has started, with organizers deployed to Portland to raise support.

A long road lies before the activists, who need to collect 112,020 valid signatures from voters in order to qualify for the 2020 ballot. Funding and polling will decide whether they mount a full push for the decriminalization measure in the months to come.

To that end, their efforts are being helped by David Bronner, CEO of the soap company Dr. Bronner’s, who told Marijuana Moment on Thursday that he will be investing $250,000 in the decriminalization campaign. An additional $500,000 will go to a separate Oregon initiative to legalize psilocybin for therapeutic purposes.

The Drug Policy Alliance (DPA), which backed Oregon’s successful marijuana legalization initiative in 2014, is also supporting this new effort to make low-level drug possession an infraction punishable by a $100 fine with no jail time, rather than a misdemeanor. It remains to be seen how involved in the campaign DPA will be, however.

Peter Zuckerman, a chief petitioner for the decriminalization initiative, told OregonLive on Thursday that it’s not guaranteed that the campaign will proceed and that much rides on how much money the group can raise, whether there’s public support for the reform move and how staff recruitment comes together.

He said the main thrust of the measure is to take a “health-based approach to drug addiction rather than a criminal justice-based approach.”

The proposal caught the attention of Oregon’s teachers’ union, which said that it supports decriminalizing drug possession but wrote in a comment submitted to the secretary of state in October that it was not taking an official position because it’s concerned about another provision that would shift cannabis tax revenue away from schools.

DATRA would make it so most of that revenue would be used to fund addiction treatment programs.

At the same time that activists are collecting signatures and weighing whether to move ahead with the broad decriminalization initiative, another advocacy group is pushing for a measure to legalize psilocybin for therapeutic use, allowing individuals to receive treatment with the psychedelic fungus at licensed health facilities. The group launched its signature drive in September.

Advocates in Portland are also hoping to advance a local measure to decriminalize psilocybin and other psychedelics such as ayahuasca and ibogaine.

Bronner wrote in a blog post that the decriminalization and therapeutic psilocybin legalization campaigns are “already coordinating closely and conserving resources on the statewide signature drive.”

He told Marijuana Moment that “we see this as the perfect one two punch in Oregon, legalizing psilocybin therapy that has so much promise for treating drug addiction, at the same time Oregon shifts to a treatment not jail approach.”

“And 100 percent confident it’s coming together,” he said.

All of this comes amid a national movement to decriminalize psychedelics, with activists in almost 100 cities across the U.S. considering pushing for reduced penalties for substances such as psilocybin and ayahuasca. Decriminalize Nature, which is aiding in and tracking these efforts, is also receiving donations from Bronner, he said.

Decriminalization is also gaining traction on the national stage, with two presidential candidates—South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI)—voicing support for the policy change. Former Housing and Urban Development Secretary Julián Castro, another candidate, recently said that he’s open to broad decriminalization, while entrepreneur Andrew Yang backs decriminalizing opioids.

Scientist Talks Benefits Of Psychedelics At Federal Health Agency Event

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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North Dakota Activists Submit Measure To Legalize Marijuana In 2020

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North Dakota activists submitted a measure to legalize marijuana for adult use to state officials on Thursday, an organizer confirmed to Marijuana Moment.

Legalize ND, the group behind the proposed statutory initiative, delivered the measure to the secretary of state’s office. It’s expected to be validated within days, after which point petitions will be distributed to collect signatures in support of qualifying for the 2020 ballot.

It’s been about a year since organizers began working on the measure, which would allow adults 21 and older to possess and purchase cannabis for personal use. The proposal is more narrowly tailored than a legalization initiative from the same organization that voters rejected in 2018, however.

The previous version didn’t include any restrictions on cultivation or possession, and it didn’t involve a licensing scheme. By contrast, the new measure would prohibit home cultivation, limit possession to two ounces, impose a 10 percent excise tax and establish a regulatory body to approve licenses for marijuana businesses.

“One of the largest complaints from last time was the mantra of ‘poorly written,'” Legalize ND’s David Owen told Marijuana Moment in a phone interview. “They targeted the lack of legal experience from our team and they targeted a lack of ‘qualified lawyers’ to be drafting language that would go into the state’s statutory law.”

But he said he’s confident the campaign will be successful this time around, in part because they spent months drafting the language with the North Dakota Legislative Council.

Asked what he’d say to voters still on the fence about legalization, Owen replied that it would depend on what their initial concerns were:

“If it’s a concern over home grow, well it’s simple, we don’t have that anymore. If it’s a concern of people having too much, we have a reasonable possession limit now—in their eyes, I still think possession limits are fundamentally arbitrary, but they wanted a possession limit so we have that now. If people go, ‘well what about the quality of the language?’ I can point to how it’s literally written by Legislative Council, so either every attorney who works for the state of North Dakota is incompetent or this is well written.”

In order to qualify for next year’s ballot, the group must collect 13,452 valid signatures from voters before July 6, 2020.

“I think the most important thing isn’t what it would do, but what it would stop from happening,” Owen told local radio station KFGO on Wednesday. “We currently have a system where people are unable to find a job because of a criminal record, we have a system where people are continuing to get marijuana charges and lose their housing, we have families being separated because of parents losing custody over their children for marijuana charges. That all stops when this is legalized.”

Listen to Owen’s radio interview about the new marijuana ballot measure below:

Internal polling that received outside funding, which Owen said cannot be publicly released because of the wishes of the donor, shows the initiative is “slightly ahead” among voters.

In an earlier interview with Marijuana Moment in February, Owen said that it’s “very probable that we can do it” this time around, but much of that depended on the extent to which opposition campaigns are involved and how much funding outside groups are able to offer.

Currently, North Dakota has a medical cannabis program, and the governor signed legislation in May decriminalizing low-level marijuana possession.

Marijuana Summit Will Give Virginia Governor ‘More Tools’ To Back Legalization, Attorney General Says

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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