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Where Presidential Candidate Mark Sanford Stands On Marijuana

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Mark Sanford, a former congressman who also served as governor of South Carolina, announced on September 8, 2019 that he was mounting a primary challenge against President Donald Trump, and he dropped out of the race on November 12.

The third candidate to enter the GOP race aside from the incumbent, Sanford’s voting record and comments on marijuana policy indicate that as president he’d be supportive of efforts to at least protect states that have legalized cannabis from federal intervention. Here’s a look at Sanford’s stance on marijuana.

This piece was last updated on November 13, 2019 to include the candidate’s statements and policy actions on marijuana since joining the race.

Legislation And Policy Actions

During his time in the House of Representatives, Sanford cosponsored five pieces of cannabis legislation—including bills to shield medical cannabis states from enforcement actions under the Controlled Substances Act.

He signed on to bills that would promote research into marijuana, legalize industrial hemp and amend the Internal Revenue Code so that cannabis businesses could access tax credits and deductions.

Sanford consistently voted in favor of House floor amendments concerning cannabis reform, with a couple of exceptions. Besides his two votes in support of protecting medical cannabis states (and one for CBD-only states) from federal interference, he was also one of 45 Republicans to back a measure that would extend that protection to adult-use states as well.

In 2014, 2015 and 2016, he supported amendments to allow doctors at the U.S. Department of Veterans Affairs to recommend medical cannabis to military veterans.

Sanford also voted for a 2014 measure to provide marijuana businesses with access to banking services.

On four occasions, the congressman voted in favor of hemp measures, though he voted against one hemp measure in 2015 for reasons that aren’t clear. There were two similar proposals on the day of the vote, with one amendment coming from a Republican that he supported and another from a Democratic that he voted against.

In another standout vote that doesn’t comport with his more recent record, Sanford voted for a resolution in 1998 that was meant to express “the sense of Congress that marijuana is a dangerous and addictive drug and should not be legalized for medicinal use.”

As governor in 2010, Sanford signed sentencing reform legislation that was meant to “reverse the trend toward incarcerating non-violent criminals who pose little or no risk to the public, discourage recidivism by providing inmates with a more closely supervised transition to society once their sentences have been served, and at the same time save taxpayers more than $400 million over the next five years.”

Previous Quotes And Social Media Posts

Though the former congressman hasn’t spent as much time and energy discussing his views on cannabis as most of the Democratic presidential candidates in the race, he has made clear that his position on the issue is informed by a federalist perspective that places emphasis on the importance of upholding states’ rights.

After then-Attorney General Jeff Sessions rescinded Obama-era guidance outlining federal marijuana enforcement priorities in 2018, Sanford took to the House floor to make a point about how the move was an infringement upon the principles of federalism.

“This is yet another example of how democracy can be hard. I guess it might be easier if a king just decided everything for us. But that’s not the American way,” he said. “We are an independent lot based on the traditions that were given to us by our Founding Fathers. Each one of us had a voice. We have a say.”

“Washington shouldn’t dictate how our coastline develops, or determine which businesses are illegal in a state like Colorado.”

In a Facebook post from 2017 about his support for legislation that would give cannabis businesses access to federal tax credits and deductions, Sanford said the “principle here is simple, if a state makes something legal…it ought to be treated on par and equally with other legal businesses in the state.”

The concept of federalism “very specifically applies to marijuana policy, wherein many states have legalized its medical use, and yet federal policy still works against what the states have decided,” he wrote.

“Whether you’re for or against the medical use of marijuana matters less than whether we really subscribe and adhere to the founders’ belief in federalism…because it was one of the key balancing tools to offsetting an overgrown and controlling federal government. In short, even with ideas we may not like, it’s important to adhere to federalism if you believe in limiting the size of our federal government.”

“Yeah, I voted accordingly,” Sanford said in 2017 after being asked whether he supports states’ right to legalize marijuana.

In 2015, Sanford complained about federal barriers preventing South Carolina hemp farmers from fully capitalizing on the crop after the state legalized industrial hemp.


“Industrial hemp is not a drug – it’s used as a material in paper products, textiles, and plastics,” he said. “In fact, the U.S. imports more industrial hemp than any other country in the world, but a current federal ban means that state industries are having a hard time getting off the ground.”

“I don’t believe that the federal government should be in the business of penalizing someone for following state law, and in that vein, I hope this bill becomes law,” he added, referencing federal hemp legalization legislation he cosponsored.

Following a vote on an amendment to allow banks to service state-legal cannabis businesses, Sanford again tied the issue to federalism.

“Some say that because marijuana is illegal on the federal level, and banks are federally regulated, that the federal government should use its powers under the interstate commerce clause to block banks from doing any business with these companies,” he said. “In my mind though, the genius of what our founding fathers intended, and explicitly laid out in the Constitution, was that most powers were to be left to the states and individuals rather than the federal government.”

“Whatever side of the debate you fall on for having marijuana be illegal, applying the founding principle of federalism leads me to believe that states should not be constrained by the federal government in matters that most concern their own businesses and citizens. The beauty of the great American experiment and the founding fathers wisdom in including federalism is that it allows states to pioneer on ideas. We see whether they work or fail and the ways in which they do so. It is part of what allows our Republic to innovate and change and as these amendments came to the floor last night, I couldn’t help but think we would be wise to work to preserve that concept…whether we agree or disagree with the local perspective of other states affected.”

In 2018, Sanford condemned a House vote in favor of expanding the attorney general’s authority to add drugs to the list of federally controlled substances. An example of the problem with that, he said, is that state-level marijuana legalization movement.

“I don’t know exactly where this goes, but if one believes in the principle of federalism, it’s important that an Attorney General not have sole discretion in stymying states’ efforts on this front,” he said.

He also used federalism to explain his vote in favor of a spending bill amendment granting VA doctors with the ability to recommend medical cannabis, writing that his vote “came down to one question – should the federal government be in the business of usurping all state law?”

“The beauty of the American experiment is that it included ‘federalism,’ which allows states to pioneer ideas,” he said. “Some we may agree with, others not…but the operative question in this instance is whether or not the federal viewpoint should always prevail over the view of the state.”

He made the same point in a post after voting for a similar measure in 2015.

Sanford was critical of the federal drug scheduling system in a 2016 Facebook post where he noted that cannabis oil is listed in a more restrictive category that cocaine and prescription opioids.

“This is strange given that opioid painkillers are currently causing an epidemic that kills about 50,000 Americans a year and is at such a crisis level that Congress recently passed a bill dealing with it,” he said, adding that a Schedule I classification inhibits research into the substances.

“This is a problem. A lot of people at home have contacted me about cannabis oil being part of the treatment for epilepsy and, in other cases, things like the nausea that comes with chemotherapy. Whether these things are true or not could be debated, but why would you put this drug on a list that would prevent research so that we might end the debate? Either it will help people or it won’t, but it just seems to me to be burying one’s head in the sand to say we won’t allow any research going forward to determine these things.”

Personal Experience With Marijuana

Sanford has repeatedly said that he’s “never used any drug” and doesn’t want his children to use them either.

Marijuana Under A Sanford Presidency

If there’s one thing consistent about Sanford, it’s that he holds the principles of federalism in high esteem and has linked numerous votes in favor of marijuana reform to states’ rights. Though there’s not much in his record to indicate that he would necessarily embrace comprehensive legalization legislation at the federal level, it seems likely that he would oppose any federal crackdown on state-legal cannabis businesses if elected to the White House.

Where Presidential Candidate Joe Walsh 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.

Politics

California Senator Previews Next Steps For Psychedelics Bill And Says It’s A Step Toward Decriminalizing All Drugs

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A California senator sponsoring a bill to legalize possession of psychedelics in the state says the proposal is a step toward eventually decriminalizing all drugs.

“We want to get there,” he said in a recent meeting with activists and researchers, though he added that it’s possible the broader reform would need to be decided by voters.

Sen. Scott Wiener (D) made the comments last week in a chat hosted by the Psychedelic and Entheogen Academic Council (PEAC), discussing next steps for his psychedelics legislation after it passed in the Senate earlier this month. He said advancing the measure in the Assembly will be “very challenging” due to a number of factors, but he sees progress in the legislature.

It’s also unclear where Gov. Gavin Newsom (D) stands on the reform, he said—though the governor has long been an outspoken opponent of the war on drugs.

“This is the first time that this idea has ever been introduced in the legislature,” Wiener said. “It’s a brand new idea” that “many of my colleagues have never interacted with.”

The bill originally included record sealing and resentencing provisions for people previously convicted of psychedelics possession offenses, but that language was removed in its last committee stop prior to the Senate floor vote as part of an amendment from the sponsor.

Wiener said the reasoning behind that deletion was that the policy “ended up generating a huge price tag” based on a fiscal analysis, but it could be addressed in separate legislation if the main bill passes.

Since clearing the Senate, SB 519 has been referred to two Assembly committees—Public Safety and Health—but the clock is ticking to move it this session. The senator said it must be heard by the panels by July 15, and then it would go the the Appropriations Committee, which would need to take action by late August.

If all goes well, Wiener told the PEAC members that a floor vote in the Assembly would happen in early September. Should the chamber approve it, the bill would go back to the Senate for concurrence on any amendments (or otherwise go right to Newson’s desk). The governor would need to receive the bill by September 10, and then he would have 30 days to act on it.

Assembly passage is far from a given, however. There are “rivalries” and “tensions” between the two chambers, Wiener said, despite the fact that they’re controlled by the same party.

Colleagues in the same chamber might be more willing to “give you a benefit of the doubt in helping you move forward bills,” he said. What’s more, members in the Assembly go up for reelection more frequently than in the Senate, making them less inclined to back novel legislation like the psychedelics proposal.

The senator said one possible amendment that could be expected in the Assembly would be to remove ketamine from the list of psychedelics that would be included in the reform.

“There are disagreements within the psychedelic world on it,” he said. “It might come out. My view as you keep things in until you have to make a give, and that’s one that we could potentially give on. You don’t want to spontaneously give on things without getting some ability to move the bill forward as a result.”

Mescaline, a psychoactive compound derived from peyote and other cacti, is another controversial psychedelic.

It was specifically excluded from the bill’s reform provisions in peyote-derived form, but the possession of the compound would be allowed if it comes from other plants such as “the Bolivian Torch Cactus, San Pedro Cactus, or Peruvian Torch Cactus.”

That decision on the peyote exclusion was informed by native groups who have strongly pushed back against decriminalizing the cacti for conservationist reasons and because of its sacred value for their communities.

If enacted into law, the bill would remove criminal penalties for possessing or sharing numerous psychedelics—including psilocybin mushrooms, DMT, ibogaine, LSD and MDMA—for adults 21 and older.


Marijuana Moment is already tracking more than 1,100 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 state Department of Public Health would be required to establish a working group “to study and make recommendations regarding possible regulatory systems that California could adopt to promote safe and equitable access to certain substances in permitted legal contexts.” Those recommendations would be due by January 1, 2024.

For psilocybin specifically, the legislation would repeal provisions in California statute that prohibit the cultivation or transportation of “any spores or mycelium capable of producing mushrooms or other material” that contain the psychoactive ingredient.

But this bill, Wiener emphasized at the beginning of the meeting, is ultimately an incremental step to ending the drug war.

“My view is we should be decriminalizing possession and use of all drugs—and we want to get there,” he said. “This is a step just like cannabis [legalization] was a step. And ultimately we may need to go to the voters for the broader drug decriminalization like Oregon.

For the time being, however, the senator encouraged PEAC members in San Francisco, where lawmakers are more amenable to psychedelics reform, to reach out to people in other areas of the state to apply pressure on their representatives.

Meanwhile, a group of California activists announced plans earlier this year to put an initiative to legalize the use and retail sale of psilocybin on the state’s 2022 ballot. That group, Decriminalize California, said that it would first work to convince lawmakers to pursue reform and then take the issue directly to the people if the legislature fails to act.

The psychedelics effort in the California legislature, which Wiener first previewed back in November, comes as activists are stepping up the push to enact psychedelics reform locally in cities in the state and across the country. The bill notes those efforts in an explanation of the proposal.

The Northampton, Massachusetts City Council passed a resolution in April to deprioritize enforcement of laws against the possession, use and distribution of a wide range of psychedelics such as psilocybin and ayahuasca. It’s the third city in the state to advance the policy change, following Somerville and Cambridge.

These are some of the latest iterations of a national psychedelics reform movement that’s spread rapidly since Denver became the first city to decriminalize psilocybin mushrooms in 2019.

Besides the cities in Massachusetts, four others—Oakland, Santa Cruz, Ann Arbor and Washington, D.C.—have also decriminalized possession of plant-and fungi-based psychedelics.

In Oregon, November’s election saw the passage of a historic initiatives to legalize psilocybin mushrooms for therapeutic purposes and more broadly decriminalize possession of all drugs.

The governor of Connecticut signed legislation last week that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas lawmakers also recently sent their governor a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill this month that would require the state to establish an institute to similarly research the medical value of psychedelics.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

After Ann Arbor legislators passed a decriminalization resolution last year, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting last month. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction.

Texas Governor Signs Medical Marijuana Expansion Bill

Photo courtesy of Wikimedia/Mushroom Observer.

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New Jersey Attorney General Cracks Down On ‘Gift’ Marijuana Schemes Involving Overpriced Snacks

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The attorney general of New Jersey on Tuesday sent warning letters to companies that are effectively circumventing the state’s marijuana laws by “gifting” cannabis in exchange for non-marijuana-related purchases such as overpriced cookies, brownies and stickers.

Gifting is lawful between adults 21 and older under New Jersey’s adult-use cannabis law, but a number of businesses are allegedly taking advantage of that policy by giving away “free” cannabis products to those who purchase other items like snacks and baked goods.

No retail marijuana businesses have been licensed since the state enacted recreational legalization earlier this year, which followed voter approval of a reform initiative during the November 2020 election. Licensing regulations still need to be developed before adult-use shops can open.

“In legalizing adult-use cannabis in New Jersey, the Legislature made it clear they were creating a regulated market with restrictions on how that market operates,” Attorney General Gurbir Grewal said in a press release. “Instead of waiting for those regulations to be established, some vendors have decided to move forward on their own, in ways that the law does not allow.”

“Today we’re making it clear that we will not permit these entities to undermine the regulated cannabis marketplace the Legislature created or to compete unfairly with properly licensed cannabis businesses,” he said.

Four Sky High Munchies, Slumped Kitchen LLC, NJGreenDirect.com LLC and West Winds Wellness were targeted with cease and desist letters, which state that the cannabis gifts that they’re offering appear to be central to their business transactions. The non-cannabis items are generally overpriced, the press release notes.

New Jersey’s legalization law establishes the Cannabis Regulatory Commission (CRC) to oversee the market and create licensing rules. CRC Chairperson Dianna Houenou said that the division “is committed to establishing a safe marketplace of cannabis products.”

“Those trying to preempt the rules and transfer unregulated and untested marijuana items jeopardize public health and undermine confidence in the forthcoming regulated cannabis industry,” she said.

“We will not allow vendors to misrepresent what they’re selling,” Kaitlin Caruso, acting director of the state’s Division of Consumer Affairs, said. “Under our consumer protection laws, vendors are subject to fines and penalties for making false or misleading statements about what they’re selling. We have warned these companies about our concerns, and to stop conduct that could violate our laws.”

New Jersey’s attorney general has been proactive about cannabis reform implementation since the legalization bill was enacted.

The day after Gov. Phil Murphy (D) signed bills to legalize and decriminalize marijuana, Grewal directed prosecutors to drop cases for cannabis-related offenses and issued separate guidance for police on how to proceed under the updated laws.

The attorney general also encouraged prosecutorial discretion for marijuana cases in earlier memos prior to the bill’s signing.

Federal Marijuana Trafficking Cases Drop Again In 2020 As More States Legalize

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Texas Governor Signs Medical Marijuana Expansion Bill

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Texas Gov. Greg Abbott (R) signed a bill to modestly expand the state’s limited medical marijuana program on Tuesday.

The legislation adds cancer and post-traumatic stress disorder to the list of conditions that qualify patients to legally access cannabis. It also doubles the amount of THC concentration that is allowed, from 0.5 percent to one percent.

As originally passed in the House, the bill would have also included chronic pain as a qualifying condition, but that was removed by the Senate and was not re-added in a conference committee. The House-approved version also increased the THC limit to five percent, but that too was watered down in the Senate.

Abbott has not yet commented on a separate piece of drug policy reform legislation that the legislature also passed to require the state to study the therapeutic potential of psychedelics like psilocybin and MDMA.

Abbott first announced he would sign the cannabis bill in a Twitter post last week.

Separate bills to reduce penalties for possessing cannabis concentrates, revise the state’s hemp program and broadly decriminalize marijuana possession also advanced this year—but they did not make it over the finish line by the session’s end.

Partly because of those failures, a newly formed progressive coalition that’s being led by two former congressional candidates said last week that it plans to take cannabis and other issues directly to voters by putting reform measures on local ballots across the state.

Abbott did not sign additional legislation to clarify that a positive marijuana test alone is not sufficient criteria for removing a child from their home. But he didn’t veto it, either, and it was enacted without the his signature last month and takes effect on September 1, 2021.

Connecticut Senate Approves Marijuana Legalization Bill In Special Session

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