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Where Presidential Candidate Michael Bennet Stands On Marijuana

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Sen. Michael Bennet (D-CO) announced on May 2, 2019 that he is seeking the 2020 Democratic presidential nomination and he dropped out of the race on February 11, 2020.

The second Coloradan to enter the race, Bennet opposed his state’s 2012 marijuana legalization initiative but has since supported several wide-ranging cannabis bills in the Senate following voters’ approval of the measure. NORML gives the senator an “A” grade.

This piece was last updated on February 11, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race. It will continue to be updated on a rolling basis.

Legislation And Policy Actions

The only piece of cannabis-related legislation Bennet has been the chief sponsor for is a 2017 bill to ensure that industrial hemp farmers are able to access federally controlled water.

“This bipartisan legislation provided needed clarity for farmers in Colorado who want to grow industrial hemp legally,” Bennet said in a press release. “This is a necessary measure to fix conflicting federal policies that are slowing the implementation of the Farm Bill pilot program and stifling new business opportunities in rural Colorado.”

He has also signed on to over a dozen marijuana bills as a cosponsor, including the Marijuana Justice Act, which would federally deschedule cannabis, penalize states that continue to enforce marijuana laws in a discriminatory way and reinvest funds into communities disproportionately impacted by the war on drugs.

Bennet also cosponsored the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act during the 115th and 116th Congresses. That legislation would amend the Controlled Substances Act (CSA) to protect states that have legalized cannabis from federal enforcement action.

A bill from Senate Minority Leader Chuck Schumer (D-NY) that would deschedule marijuana also received Bennet’s cosponsorship. And he attached himself to legislation that would protect medical marijuana states from federal intervention during the 114th Congress.

On three occasions, Bennet cosponsored bipartisan legislation meant to shield banks that service state-legal cannabis businesses. The House version of the Secure And Fair Enforcement (SAFE) Banking Act was approved by the House Financial Services Committee in March. The senator also joined other lawmakers in offering a 2016 amendment to an addiction recovery bill that was also meant to safeguard marijuana banking access.

He offered a separate amendment that year for the Commerce, Justice, Science, and Related Agencies Appropriations Act, which would have called for the Drug Enforcement Administration (DEA) to approve at least three additional marijuana manufacturers for research purposes.

“Scientists in Colorado are eager to study marijuana to help advance its medicinal use and to promote a broader understanding of it,” Bennet said in a press release. “Unfortunately, the status quo doesn’t meet the needs of researchers across the country. Our amendment would help advance legitimate research, while also protecting against abuse.”

He’s also been an original cosponsor of legislation that would amend Internal Revenue Service (IRS) code to make it so marijuana businesses are able to make deductions and access tax credits that are available to other legitimate businesses. He supported that bill during the 114th, 115th and 116th Congress.

Bennet cosponsored legislation to remove hemp from the definition of marijuana under the CSA twice and also supported legislation to exempt CBD from the list of federally controlled substances.

He said in a press release that lifting restrictions on hemp and its derivatives like CBD, which “can significantly reduce the number of seizures for kids with epilepsy.”

The senator has put his name on a slew of letters calling for cannabis reform.

In 2014, he cosigned a letter asking the Obama administration to provide clarity and guidance on federal marijuana policy so that states like Colorado could continue to operate their cannabis programs unencumbered.

“We believe it is appropriate for the White House to assume a central and coordinating role for this government-wide approach,” Bennet and three other senators wrote. “We therefore believe it is incumbent upon the Administration to work with all federal departments and agencies setting forth a clear, consistent and uniform interpretation and application of the CSA and other federal laws that could affect the industry.”

Bennet sent a letter to the head of the IRS that same year urging the department to stop imposing a 10 percent tax on marijuana businesses just because they pay employee withholding taxes in cash, which is due to their lack of access to traditional banking services.

He was also one of four senators who sent a letter to the country’s top federal financial regulators in 2016, requesting guidance for banks interested in taking on cannabis business accounts. Clearer directives would mean that “financial institutions will be more likely to serve these legal businesses and allow them to access our banking system without fearing repercussion,” they wrote.

After then-White House Press Secretary Sean Spicer made remarks indicating that the federal government could crack down on legal cannabis states, Bennet and 10 other senators sent a letter to then-Attorney General Jeff Sessions expressing concerns about the comments and imploring the Justice Department not to use its resources to go after cannabis businesses.

He wrote to Sessions again in 2017 to request his assurance that industrial hemp manufacturers may access federally authorized financial institutions.

Bennet also rebuked Sessions for rescinding Obama era guidance that laid out federal priorities for marijuana enforcement. In a letter to the attorney general, the senator said his decision to revoke the so-called Cole memorandum “completely disregards the steps the state of Colorado has taken to regulate legal marijuana dispensaries and retail stores.”

In another letter, he asked the Senate Appropriations Committee to include language acknowledging the rights of states to legalize and regulate cannabis in light of the Cole memo rescission.

The annulment of the memo also prompted him to send a letter to the Financial Crimes Enforcement Network, asking the agency to maintain its 2014 guidance on banking access for the cannabis industry.

Following a report from BuzzFeed News that the Trump administration had established a task force meant to shore up negative data on marijuana, Bennet sent a letter to the head of the Office of National Drug Control Policy (ONDCP) expressing strong concern about the “intentional effort to mislead the American people.”

The ONDCP in turn pledged to “be completely objective and dispassionate” in its research gathering process.

The senator sent a letter to the U.S. Bureau of Reclamation in 2019 requesting that the department update its policies to ensure that hemp farmers are able to access federally controlled water.

In June, Bennet sent a letter to federal financial regulators, urging them to issue updated guidance on access to banking services for hemp businesses.

“Hemp cultivation and processing is already working to support rural communities across the country,” he wrote. “It is my hope that your agencies can work expeditiously and in a coordinated manner to issue guidance describing how financial institutions can offer financial products and services to hemp farmers and processors. Access to the banking system will provide certainty and much needed clarity for our nation’s hemp farmers and related businesses.”

Those agencies responded in letters shared exclusively with Marijuana Moment two months later.

On The Campaign Trail

On the day that he announced he was running for the Democratic nomination, Bennet told CBS News that he supported legalizing cannabis nationwide and also said “we need to change” the fact the people remain incarcerated for marijuana offenses that are subsequently made legal.

On a less serious note, he joked that he didn’t bring any cannabis with him to the interview.

“I think we’ve had a good opportunity for states to experiment with things—to make it better, to learn from each other,” Bennet said. “We’ve got to have our banking laws catch up to that. We’ve got to have our criminal justice laws catch up to that.”

He said Colorado’s experience legalizing and regulating marijuana sales demonstrated the importance of deterring underage use, and he highlighted the need to improve access to banking services for cannabis services.

“There’s not a lot of evidence that we’ve had more emergency room visits or more traffic accidents or more crime,” he added.

“Hemp farmers and processors have made clear that the lack of access to the banking system is a significant hurdle to growing their business,” Bennet said after federal regulators responded to a letter he sent requesting clarification on the issue. “We’ll keep working to remove this major barrier facing the hemp industry.”

He also cheered subsequent guidance from financial regulators on banking options for hemp businesses, citing his earlier letter.

His campaign said in a statement last year that Bennet’s prior experience as a school superintendent is partly why he’s committed to ensuring that “young people do not have access” to marijuana.

He also said that during his time in that position, he was worried about kids consuming cannabis edibles, but it’s “something we’ve been able to fix over time.”

Bennet spoke at a cannabis investor event hosted by The Arcview Group in October 2019.

The senator appeared on Late Night with Seth Meyers in May and was asked to weigh in on a voter-approved measure in Denver to decriminalize psilocybin mushrooms. He joked that residents must have been under the impression that the city was “out of marijuana all of a sudden.”

“And by the way, we’re not out of marijuana in Colorado,” he said.

Previous Quotes And Social Media Posts

While Bennet has supported a fair share of marijuana bills, he hasn’t frequently talked about the issue—at least not compared to some of his Democratic presidential opponents. His Twitter and Facebook feeds mostly promote the many letters he’s signed regarding cannabis policy.

For example, it’s not clear why Bennet—who also served as the superintendent of Denver Public Schools as well as chief of staff to then-Denver Mayor (and now-presidential candidate) John Hickenlooper (D)—opposed Amendment 64, Colorado’s legalization initiative. Some media reports noted his opposition but not his reasoning. His name is listed on the archived homepage of the opposition campaign, and the senator appeared at a debate where the issue was being discussed ahead of the 2012 vote.

What the senator does like talking about, however, is hemp.

He pledged to fight for hemp legalization while touring a cultivation facility in March 2018.

In June 2018, he spoke on the Senate floor about the hemp legalization provision of the Farm Bill, emphasizing that “hemp was widely grown in the United States throughout the mid-1800s” and the crop was used “in fabrics, wine and paper” until it was listed as a controlled substance.

“In Colorado, as is true across the country—I have talked to a lot of colleagues about this—we see hemp as a great opportunity to diversity our farms and manufacture high-margin products for the American people,” he said. “This could help drive incomes in rural parts of my state like Montrose Country, Colorado.”

After the agriculture legislation was signed into law, Bennet penned an editorial for The Colorado Sun discussing what it means for the state.

“Now that we’ve passed the Farm Bill and the president has signed it into law, hemp cultivation is fully legal for the first time in 50 years,” he wrote. “That means less uncertainty and more opportunity for our hemp farmers, small businesses, and manufacturers.”

Learning more about hemp has “given me the opportunity to see more of our state’s boundless creativity, determination, and entrepreneurship,” he said.

Bennet also discussed the Senate passage of the legislation in a December 2018 floor speech.

“We see hemp as an opportunity to diversify our farms and manufacture high-margin products for the American people,” he said. “Now Coloradans will be able to grow and manufacture hemp without a cloud of uncertainty hanging over them.”

During a Senate Appropriations Committee hearing in February, Bennet told the head of the U.S. Department of Agriculture (USDA) that he looked forward to working with him on the development and implementation of hemp regulations.

Personal Experience With Marijuana

It does not appear that Bennet has publicly commented about any personal experience related to marijuana.

Marijuana Under A Bennet Presidency

Bennet, like many of his fellow contenders, has evolved significantly on the issue of marijuana over recent years. While he was opposed to legalization in 2012, he’s at this point cosponsored some of the most far-reaching cannabis reform bills in Congress, and he’s had a consistent focus on issues like banking access for marijuana businesses and hemp development.

Passing federal marijuana legalization might not be a top priority under a Bennet administration, but his record indicates that legal cannabis states would likely be safe from interference while members of Congress move ahead with considering broader reform efforts.

Where Presidential Candidate Joe Biden Stands On Marijuana

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Massachusetts Lawmakers Approve Bill Allowing Safe Injection Facilities For Illegal Drugs

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A Massachusetts legislative committee recently approved a bill that would legalize safe injection sites where individuals could consume illicit drugs in a medically supervised environment and receive resources to seek treatment.

The objective of these facilities is harm reduction. People could safely inject drugs with access to sterilized needles—without the fear of being arrested and incarcerated—and medical professionals could administer lifesaving medication in the event of an overdose. Individuals would also be able to consult with staff about substance misuse treatment options.

Earlier this month, the Joint Committee on Mental Health, Substance Abuse and Recovery approved the legislation, which had been redrafted from an earlier, less far-reaching proposal.

Under the measure, the state Department of Public Health would be tasked with establishing a minimum of two safe injection facilities for a 10-year pilot program. The department would have to create a licensing scheme for the sites, and local boards of health would have to agree to allow them to operate in their jurisdictions.

“The department of public health shall promulgate rules and regulations necessary for the operation of a supervised consumption site, including but not limited to, establishing a process to apply for licensure,” the text of the bill states. “Entities that provide health and social services, including private organizations and municipal departments, shall be eligible to apply for licensure to operate a supervised consumption site.”

Each safe consumption facility would have to provide sanitized spaces, injection supplies and harm reduction consultations. They would also have to ensure that individuals are clinically observed, with staff giving them access to treatment resources. Additionally, there would be safety and security requirements, as well as outreach to communities where the facilities are located.

Also included in the bill are protections against civil or criminal punishment for a facility’s staff, volunteers and property owners.

“The message we send to those who are faced with the disease of addiction is that we see you, we value you, and we want you to live,” Rep. Marjorie Decker (D), chair of the committee that advanced the legislation, said in a press release.

During the decade-long pilot program, the Department of Public Health would submit annual reports to lawmakers including data on how many people are utilizing the facilities, overdose reversals, referrals to addiction treatment and needles and syringes collected and distributed.

In Philadelphia, plans to open the nation’s first safe injection site were put on pause in February due to local pushback. That came after activists with the organization behind the push, Safehouse, scored a legal victory when a U.S. district judge ruled that establishing such a facility would not violate federal law.

Nonetheless, the community pushback signals that Massachusetts advocates and legislators may have their work cut out for them if the measure is ultimately enacted.

The Rhode Island Senate approved a bill last year that would similarly create a harm reduction center pilot program, authorizing the establishment of safe injection facilities.

Several former Democratic presidential candidates—including Sens. Bernie Sanders (I-VT) and Elizabeth Warren (D-MA), former South Bend, Indiana Mayor Pete Buttigieg, former Rep. Beto O’Rourke (D-TX), Andrew Yang and former Housing and Urban Development Secretary Julián Castro—voiced support for legalizing safe consumption sites as a harm reduction option.

Presumptive Democratic nominee Joe Biden has not endorsed such facilities, however. The Trump administration’s Justice Department proactively went to court to fight against allowing the Philadelphia facility to open.

A recent study found that people “who reported using supervised injection facilities on an at least weekly basis had a reduced risk of dying compared to those who reported less than weekly or no use of this health service.”

Joe Biden Says ‘I Know A Lot Of Weed Smokers’ To Justify His Opposition To Legalizing Marijuana

Photo courtesy of Flickr/Governor Tom Wolf.

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Oregon Marijuana Sales Spike During Pandemic, But Officials Expect Market To ‘Mellow’

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Amid one of the sharpest economic downturns in state history, Oregon marijuana sales continue to roll along at a healthier-than-normal pace. State budget officials say that shelter-in-place policies and economic stimulus programs have kept marijuana sales “quite strong” during the pandemic so far.

Since March 1, the sales of adult-use marijuana products are up 60 percent compared to a year ago, the state Office of Economic Analysis said in its latest quarterly budget forecast published last week.

“These increases are not only related to the stockpiling consumers did after the sheltering in place policies were enacted,” the report says, “but have continued through April and early May.”

Oregon marijuana sales during COVID-19

In April alone, consumers bought $89 million worth of legal cannabis products—a record amount—thanks in part to what officials described as a “4/20 bump.” While the boost in sales figures are due in part to rising prices, state budget analysts said that “underlying demand is up as well.”

“The increase in sales for other marijuana products, like concentrates, edibles and the like, are due to significant gains in consumer demand as prices are flat or down,” analysts reasoned.

The June 2020 budget forecast estimates that the current increase in marijuana sales will yield an extra $9 million in state tax revenue during the 2019-2021 budget period. It’s a rare bright spot in the overall budget report, which state analysts described as “the largest downward revision to the quarterly forecast that our office has ever had to make.”

Oregon marijuana demand

But even the marijuana sector’s boost may be time limited.

“Expectations are that some of these increases are due to temporary factors like the one-time household recovery rebates, expanded unemployment insurance benefits, and the shelter in place style policies,” the report says. “As the impact of these programs fade in the months ahead, and bars and restaurants reopen to a larger degree, marijuana sales are expected to mellow.”

Demand for marijuana is also expected to fall in coming years due to a lower overall economic outlook, which is projected to reduce Oregon’s population and cut average incomes. “A relatively smaller population indicates fewer potential customers,” the report notes, “and lower total personal income than previously assumed indicates less consumer demand.”

Oregon population forecast

The projected slowdown in sales isn’t expected to make an impact until the next budget period, beginning in 2021. At that point, the forecast says, sales will begin trending down by 5 percent relative to the current period “due to the lower economic outlook” associated with COVID-19.

The pandemic has also changed how Oregonians are making marijuana purchases, the report found, though perhaps not as much as one might expect. The share of sales completed by delivery services more than doubled in recent months, but it remained relatively small, making up just 1.4 percent of total sales. As the Office of Economic Analysis observed, “Consumers still prefer to shop in store.”

Oregon is one of a handful of states looking to legal cannabis sales to help buoy tax revenues. A report published last month by cannabis regulators in Michigan, where legal sales to adults began this past December, forecasts annual marijuana sales in that state to top $3 billion as the market matures. That would mean another 13,500 jobs and roughly $500 million per year in taxes to state coffers. Factoring in the effects on peripheral businesses, the state found, the “total economic impact is estimated to be $7.85 billion with a total impact on employment of 23,700.”

Although tax revenue from cannabis sales will help pad budgets in many legal states, the Oregon report doesn’t mince words: The pandemic’s hit to the state’s economy will be drastic. Oregon’s current recession is “the deepest on record with data going back to 1939,” according to state analysts, and it hit with virtually no warning. “The path looks more like what happens to economic activity during a labor strike or in the aftermath of a natural disaster.”

Oregon incomes over time

For its part, Oregon’s Office of Economic Analysis predicts a relatively swift recovery. “While this recession is extremely severe, it is expected to be shorter in duration than the Great Recession,” analysts wrote. “The economy should return to health by mid-decade.”

New Mexico Governor Says Legalizing Marijuana Would’ve Funded Programs Cut Due To Coronavirus

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New Mexico Governor Says Legalizing Marijuana Would’ve Funded Programs Cut Due To Coronavirus

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The governor of New Mexico said last week that the state needs to explore every option for economic relief, and that includes passing marijuana legalization.

Near the end of a two-hour livestream updating residents on the state’s coronavirus response efforts on Wednesday, Gov. Michelle Lujan Grisham (D) was asked whether she was in favor of the legislature passing adult-use legalization during an upcoming special session to generate tax revenue to offset financial challenges caused by the pandemic.

“Let’s end on a high note,” the governor joked, adding that she felt suspensions of various capital projects due to the health crisis “likely would not have occurred” if lawmakers had legalized recreational marijuana during this year’s regular session as she’d unsuccessfully urged them to do.

“The projections are nearly $100 million of recurring revenue into the budget” from cannabis legalization, she said. “If we want economic support and economic relief, then we have to use every economic idea. And I want to point out also that the vast majority of New Mexicans favor recreational cannabis.”

Watch the governor’s marijuana comments, starting around 2:18:10 into the video below: 

Lujan Grisham hinted that she may actively campaign against lawmakers who blocked her legalization bill in this year’s regular session.

“We have an opportunity,” she said. “I think all of our policymakers need to think clearly—and they should expect me to be supporting in the next general election—we have to pass recreational cannabis in the state. We need to diversify our economy, we need to increase opportunity for recurring revenue and we have to rebuild an economy that has suffered dramatically during this public health crisis.”

The governor made a similar argument last month, though she also acknowledged that the $100 million revenue estimate, which was released by a working group the governor formed to study the impact of legalization last year, would likely have been affected by the pandemic.

It should also be noted that the $100 million figure is an estimate of the combined tax revenue from the existing medical cannabis market and the add-on of adult-use sales. And that’s after the latter market matures.

Further, a legalization bill that passed one Senate committee earlier this year only to be rejected in another before the close of the short 30-day session stipulated that sales would have begun on July 1, meaning the state would not have been able to collect the much-needed revenue in the midst of the health crisis, unless emergency action was taken.

Legalization might not have happened as planned during New Mexico’s regular 2020 legislative session, but the governor said in February that she’s open to letting voters decide on the policy change via a ballot referendum.

While the Lujan Grisham didn’t directly answer the question about whether legalization should be pursued during the special session in June, a spokesperson for her office recently said that it’s unlikely the reform move will happen during the window.

New York Governor Says ‘I Believe We Will’ Legalize Marijuana

Photo courtesy of Brian Shamblen.

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