South Bend, Indiana Mayor Pete Buttigieg announced that he was competing for the 2020 Democratic presidential nomination on April 14, 2019 and dropped out on March 1, 2020.
If elected, he would have been the first openly gay and youngest president, and he’s supportive of marijuana legalization and drug decriminalization.
While the candidate hadn’t spoken extensively about cannabis reform prior to officially announcing his presidential bid, nor did he act on any marijuana legislation during his time in the mayor’s office, he’s quickly evolved on the issue. Here’s a look at where Buttigieg stands on marijuana.
This piece was last updated on March 2, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race.
Legislation And Policy Actions
As mayor, Buttigieg does not appear to have signed legislation directly related to marijuana. He did, however, approve an ordinance in 2017 that prohibited businesses in the city from selling synthetic cannabinoids.
Thanks to the members of the new @NotInOurCmunity committee, we are raising awareness and accountability when it comes to “synthetic marijuana” and related harmful products. pic.twitter.com/FZNrBcKVap
— Pete Buttigieg (@PeteButtigieg) May 14, 2018
“Getting less attention [than opioids] nationally is the issue of synthetic cannabinoids, sometimes called synthetic marijuana,” he said in a press release commending the city council for approving the ordinance. “These products, sometimes available in convenience stores and gas stations, are much more dangerous than actual marijuana.”
Buttigieg has faced criticism over a report about racially disparate marijuana arrests in South Bend during his time as mayor. A campaign spokesperson said that “mayors don’t make the law related to drug possession.”
At a presidential debate, he was confronted about the enforcement data and said, “On my watch, drug arrests in South Bend were lower than the national average—and specifically to marijuana, lower than Indiana.” He added that there’s “no question” that systemic racial bias has been a factor in cannabis arrests.
Pete Buttigieg's campaign sends out a factcheck a little while after that exchange on drug decriminalization and drug arrest rates in South Bend. pic.twitter.com/Lw9091paqq
— Daniel Strauss (@DanielStrauss4) February 8, 2020
On CNN, the candidate said, “All of us are implicated in these problems, and I take responsibility for everything good, bad and indifferent that we did.”
“All of us are implicated in these problems, and I take responsibility for everything good, bad and indifferent that we did,” says former South Bend Mayor Pete Buttigieg when asked about the city’s marijuana possession arrest rates for black residents https://t.co/ZdAuJ5g1x8 pic.twitter.com/xHn9keAP0B
— CNN (@CNN) February 9, 2020
He similarly acknowledged racial disparities in marijuana enforcement in South Bend during an event in Nevada.
Buttigieg responds to a question about the police department scandal in South Bend by acknowledging successful responses and also ongoing failures like failure to recruit Black cops *and* persistence of racial disparity in marijuana arrests. The latter was a focus in last debate pic.twitter.com/4LKUyS2jGQ
— Daniel Marans (@danielmarans) February 18, 2020
On The Campaign Trail
Like most of his opponents for the Democratic nomination, Buttigieg favors marijuana legalization—but he’s also one of the only candidates who’s backed broad drug decriminalization.
In July 2019, the mayor released a racial justice plan that included policies to legalize cannabis and remove criminal penalties for possession of all drugs.
Named after American hero Frederick Douglass, this plan demands we take aggressive steps toward fulfilling long-broken promises of true equality, including reforming broken systems, strengthening access to credit, and injecting capital into the Black community.
— Pete Buttigieg (@PeteButtigieg) July 11, 2019
“We will, on the federal level, eliminate incarceration for drug possession, reduce sentences for other drug offenses and apply these reductions retroactively, legalize marijuana and expunge past convictions,” the plan states.
In a separate plan aimed at addressing mental health issues in the country, the candidate explicitly said he would pursue “decriminalizing all drug possession” during his first term in office if elected.
The plan also includes proposals to reduce sentences for drug offenses other than possession, increase access to the opioid overdose reversal drug naloxone and make it easier to implement syringe exchange programs.
“Eliminate incarceration for drug possession, reduce sentences for other drug offenses and apply these reductions retroactively, legalize marijuana, and expunge past convictions,” his campaign website states.
Buttigieg talked about his drug reform agenda during a visit to a dispensary in Las Vegas in October 2019, which Marijuana Moment attended.
During that trip, the former mayor told Marijuana Moment that doctors at the U.S. Department of Veterans Affairs (VA) should be able to recommend medical cannabis to military veterans. He also said that “legitimate medical use of cannabis should be covered” by health insurance.
To mark Veterans Day, Buttigieg released a plan calling for “legislation that will empower VA physicians to issue medical cannabis recommendations to augment a veterans’ broader treatment plan, in accordance with the laws of states where it is legal.”
He would also encourage VA to “conduct studies on the use of marijuana to treat pain.”
If Congress fails to act on cannabis reform, Buttigieg said in February 2020 that he would board Air Force One and “fly it directly into the home district of a member who is standing in the way” in order to pressure them to heed the will of voters.
At a Democratic presidential debate in February 2020, the candidate was pressed on his drug decriminalization plan. He took issue with the use of the word “decriminalization” to describe his proposal and said he simply wants to “end the use of incarceration as a response” to possession cases.
While major drug policy reform groups define decriminalization as a policy where the penalty for simple possession does not include incarceration, at least for a first offense, Buttigieg has been reluctant to embrace the term.
“Possession should not be dealt with through incarceration,” he said in a post-debate interview, adding that some cases could be treated as misdemeanor offenses but that the “point is that we have learned through 40 years of a failed war on drugs that criminalizing addiction doesn’t work.”
Buttigieg was asked in February how he would exercise the authority in light of President Trump’s move to pardon or commute the sentences of a former Illinois governor, a former New York City police commissioner and a financier, among others.
This president uses his pardon power to reward friends and allies.
— Pete Buttigieg (@PeteButtigieg) February 19, 2020
“I would start with nonviolent drug offenders caught up in the racial disparities of the failed war on drugs,” Buttigieg replied. “I actually think presidential clemency power can be an important part of how we decarcerate a country that is shockingly over-incarcerated. If incarceration made a country safe we’d be the safest country in the world, but we’re not.”
Legalizing marijuana and ending incarceration for simple drug possession would be part of his proposal to reduce incarceration by 50 percent, which he pledged to do during a speech at the Rainbow PUSH Coalition Convention in July.
“We cannot incarcerate ourselves out of this public health problem,” the plan says.
The drug policy proposals are part of Buttigieg’s plan to reduce “incarceration in this country without an increase in crime.”
He expanded on his plan at the Iowa State Fair in August, stating that he would reduce the prison population “using clemency powers, working with states, ending incarceration as a response to drug possession, and when we legalize marijuana—which we ought to do—we ought to have expungements as well for people whose incarceration is doing more harm than the original offense did, creating a whole generation of kids who have experienced the incarceration of a parent, which is a devastating experience to have.”
During a campaign stop in South Dakota in May, the candidate discussed his support for legalizing marijuana, abolishing private prisons and ending mandatory minimum sentences for nonviolent drug offenders.
After the governor of Iowa vetoed a bill in June that would have expanded the state’s medical cannabis program, Buttigieg wrote that thousands of patients “are struggling thanks to a limited medical marijuana program that doesn’t meet their health care needs” and that the veto “will only prolong their suffering.”
Thousands of patients in Iowa are struggling thanks to a limited medical marijuana program that doesn’t meet their health care needs — the governor’s veto will only prolong their suffering.https://t.co/jUN52FjldW
— Pete Buttigieg (@PeteButtigieg) June 8, 2019
Buttigieg told an Iowa radio station that he supports reform in part because “a lot of nonviolent drug offenses, where the way we responded to it, the incarceration, is actually doing more harm to society and costing us more than the offense itself did.”
In Council Bluffs, @okayhenderson asked Pete Buttigieg if he supports legalizing marijuana– he told Kay, “I would,” adding, “we’ve just hit the point as a country, where there are a lot of offenses …doing more harm to society and costing us more than the offense itself did.” pic.twitter.com/eqj0CYNgI2
— DJ Judd (@DJJudd) July 20, 2019
“When it comes to American drug policy,” he added, “I don’t think anyone can look at it and say it’s looking well, and when you add to that the racial disparities around the way it’s been applied, we clearly have to take a very deep redesign about the way we think about this and many other drugs.”
During an interview with The Des Moines Register’s editorial board, Buttigieg said that “while there continue to be all kinds of harms associated with drug possession and use, it’s also the case that we have created—in an effort to deal with what amounts to a public health problem—we have created an even bigger problem. A justice problem and its form of a health problem.”
A former White House drug czar from the 1980s reacted to his support for broad decriminalization and said that the candidate’s plan will encourage more substance misuse.
In January 2020, Buttigieg talked about his support for drug policy reform and also said that the country would “be much better off, frankly, with regular marijuana” compared to synthetic cannabinoids that are available on the marketplace.
A high school student here in Newton, Iowa asks Buttigieg about drugs in school.
He comments on synthetic marijuana: "It's basically rat poison sprayed onto grass. You'd be much better off, frankly, with regular marijuana than this stuff."
— Dan Merica (@merica) January 15, 2020
Buttigieg said that he would be open to forming a strategic partnership with Mexico and send in American troops to deal with drug cartels if American lives were at risk and the country solicited that assistance.
“By the way, a lot of this is a question of the demand side on the United States. Part of what we do is make drug trafficking less profitable by walking away from the failed war on drugs here in the United States,” he said. “That is a policy that we know through experience hasn’t worked. We have got to do our part here at home, and partner with countries abroad.”
Previous Quotes And Social Media Posts
Prior to his official campaign announcement, Buttigieg seldom discussed cannabis issues.
“I think even in Indiana, criminal justice reform, including marijuana [legalization]. We’re probably there,” he told Indianapolis Monthly in November 2018. “Maybe not a 70 percent majority, but a majority.”
“I really think a state-wide campaign in Indiana would do well, especially on the criminal justice stuff,” he added. “To find common cause between the younger, Libertarian right that’s not so sure about the Republican party as an institution. And a more traditional, progressive coalition. I think you can get there on drugs. I think you can get there on a lot of things related to criminal justice.”
“The safe, regulated, and legal sale of marijuana is an idea whose time has come for the United States, as evidenced by voters demanding legalization in states across the country,” he told The Boston Globe.
Buttigieg also said that he believes voters in his home state of Indiana, which doesn’t even yet have a comprehensive medical cannabis law, are ready to legalize marijuana.
During an interview on the radio program The Breakfast Club one month before formally announcing his presidential bid, Buttigieg brought up criminal justice reform and stressed the importance of supporting individuals who are released from prison for non-violent drug offenses as the country moves toward ending the war on drugs.
“We know the war on drugs is important, right?” he said. “What are we going to do about—if we decide that it actually doesn’t make sense to incarcerated for unbelievably long amounts of time for non-violent drug offenses, what are we going to do for the people we already did that to?”
“Are they going to have an experience that’s not so different from the experience of the end of slavery that says, ‘OK, I took off your chains so I’m sure things are going to go great for you,’” he said. “Are we going to do the same thing to people coming out of incarceration and say, ‘OK, that’s over. Good luck.’ Or are we going to have some intention around lifting them up and empowering them to contribute and thrive in our communities and our society?”
Personal Experience With Marijuana
Some of Buttigieg’s most extensive public comments about marijuana are related to his own personal experience with cannabis and law enforcement and, specifically, how it’s shed light on the concept of white privilege.
During an interview at South By Southwest, the mayor talked about how he was caught with a joint while a student at Harvard University.
“I was standing outside my dorm. I was on my way home from a party or something,” he said. “I ran into a friend and he had an acquaintance with him, and we were chatting, and at some point I noticed that she was smoking a joint. And just out of curiosity—there was like a little bit left—I was like ‘Oh, is that…’ And she handed it to me.”
“At exactly, precisely this instant, a police car drives by—university police—and I thought, well, that’s gotta go over the shoulder,” he said.
The officer apparently berated Buttigieg, swearing at him and calling Harvard students arrogant.
Earlier today, in @TexasTribune discussion at @sxsw, @anamariecox asked me about when I first started to become aware of my white male privilege. I told a quick story about getting caught with a joint in college. #SXSW pic.twitter.com/RKX81jdJoM
— Pete Buttigieg (@PeteButtigieg) March 10, 2019
“And then my hands are on the back of his trunk and he’s going through my pockets to see if I’ve got anything more on me,” he said. “He yells a few more obscenities, and just as I’m getting read to take a ride with him, he drives off. And that was it. It’s a funny story I can tell about my college days.”
But there was also an unfunny lesson to be learned, which has informed Buttigieg’s position on cannabis reform.
“A lot of people probably had the exact same experience, and would not have been believed, and would have been a lot worse than yelled at, and would not have slept in their own beds that night—and maybe would have been derailed in their college career because of it,” he said. “It’s one of many reasons why I think we have to end the war on drugs and move towards the legalization of marijuana.”
He also said that the odds of him facing more serious, lifelong consequences over the joint would be much greater if he wasn’t white.
“Think about that: That’s a funny story to me,” he said. “That can be a funny story to me. And if I were not white, the odds of that having been something that would have derailed my life are exponentially higher. So that’s one of many moments when I learned a thing or two about privilege.”
Separately, Buttigieg addressed how many times he has consumed cannabis in his book: “not many, but more than zero.”
That being said, he’s clearly abstaining on the campaign trail. He didn’t buy any marijuana during his trip to the Las Vegas dispensary, and he even declined a hit of an imaginary joint that was “passed” to him during an interview.
Marijuana Under A Buttigieg Presidency
Despite lacking a legislative history on cannabis reform, Buttigieg has grown increasingly comfortable identifying problems in federal drug policy and laying out specific solutions throughout his campaign. He’s made clear that his administration would support legalization if elected, and he’s gone further than many other candidates by backing broader drug decriminalization. His perspective on drug reform is also informed by an understanding of how these issues relate to mental health and racial justice.
Pennsylvania Senators Will Consider DUI Protections For Medical Marijuana Patients At Hearing
A Pennsylvania Senate committee is set to take up a bill next week that would protect medical marijuana patients from being prosecuted under the state’s “zero tolerance” DUI laws.
The legislation, sponsored by Sen. Camera Bartolotta (R), would amend state statute to require proof of active impairment before a registered patient can be prosecuted for driving under the influence. The current lack of specific protections for the state’s roughly 368,000 patients puts them in legal jeopardy when on the road, supporters say.
The #PASenate Transportation Committee will hold a hearing on 9/21 with a focus on my #SB167, which would remove DUI penalties for legal medicinal cannabis use. @SenLangerholc @PASenateGOP Details ⤵️https://t.co/cSd2Cpdky9 pic.twitter.com/av3mxvAuCk
— Senator Bartolotta (@senbartolotta) September 16, 2021
Bartolotta first introduced an earlier version of the bill in June 2020. She said at the time that the state needs to “ensure that the legal use of this medicine does not give rise to a criminal conviction.”
Months after the standalone reform legislation was introduced, the Pennsylvania House approved a separate amendment that would enact the policy change.
Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver’s blood—which can be detected for weeks after a person’s last use—the law puts virtually all medical marijuana patients at risk, even if it’s been days since their last use and they show no signs of impairment.
Bartolotta’s bill would require officers to prove a registered patient was actually impaired on the road.
Marijuana Moment is already tracking more than 1,200 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.
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“Unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle,” the senator wrote in a cosponsorship memo late last year. “Given the very serious consequences of a DUI conviction, my legislation will provide critical protections for medicinal cannabis patients by ensuring responsible use of their legal medicine does not give rise to a criminal conviction.”
Several legal cannabis states have enacted per se THC limits in blood, similar to blood alcohol requirements. However, evidence isn’t clear on the relationship between THC concentrations in blood and impairment.
A study published in 2019, for example, concluded that those who drive at the legal THC limit—which is typically between two to five nanograms of THC per milliliter of blood—were not statistically more likely to be involved in an accident compared to people who haven’t used marijuana.
Separately, the Congressional Research Service in 2019 determined that while “marijuana consumption can affect a person’s response times and motor performance… studies of the impact of marijuana consumption on a driver’s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.”
Outside of this bill, Pennsylvania lawmakers have continued to pursue adult-use legalization in the state. Earlier this year, two legislators circulated a memo to build support for a comprehensive reform bill they plan to introduce, for example.
A bipartisan Senate duo is also in the process of crafting legislation to legalize cannabis across the commonwealth. They announced some details of the proposal earlier this year, but the bill has yet to be formally introduced.
Outside the legislature, Gov. Tom Wolf (D) said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.
Wolf, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.
Lt. Gov. John Fetterman (D), who is running for U.S. Senate, previously led a listening tour across the state to solicit public input on legalization. He’s credited that effort with helping to move the governor toward embracing comprehensive reform. The lieutenant governor even festooned his Capitol office with marijuana-themed decor in contravention of a state law passed by the GOP-led legislature.
Fetterman has also been actively involved in encouraging the governor to exercise his clemency power for cannabis cases while the legislature moves to advance reform.
In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marks his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses that’s being run by the Board of Pardons.
Overall, legalization is popular among Pennsylvania voters, with 58 percent of residents saying they favor ending cannabis prohibition in a survey released in April.
Another poll released in May found that a majority of voters in the state also support decriminalizing all currently illicit drugs.
Photo courtesy of Mike Latimer.
80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—have filed a brief urging the Supreme Court to take up a case on the legality of establishing a safe injection facility where people can use illicit drugs in a medically supervised environment.
The nonprofit organization Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration, and it filed a petition with the nation’s highest court last month to hear the case. Now the group of law enforcement officials associated with Fair and Just Prosecution are calling on the Supreme Court to act in an amicus brief.
“Amici have an interest in this litigation because overdose prevention sites (OPSs) are among the harm reduction and public health interventions that have proven effective in preventing fatal overdoses and diverting people from unnecessary and counterproductive interactions with the justice system,” they wrote. “Amici, many of whom are currently or were previously responsible for enforcing the nation’s drug laws, also believe that the Controlled Substances Act cannot be construed to prohibit operation of a facility designed to address the most acute aspects of this public health emergency.”
“As law enforcement and criminal justice leaders, amici’s objective is to maintain public safety; saving lives and promoting health is as central to that mission as preventing and prosecuting crime.”
Read the full brief: https://t.co/e4Sv6oba4b
— Fair and Just Prosecution (@fjp_org) September 17, 2021
If the court agrees to hear the dispute, advocates will be looking toward the Biden Justice Department and whether it will continue the federal government’s opposition to allowing supervised injection facilities. It would be a precedent-setting case that could steer policy for years to come, meaning Safehouse is taking a significant risk by pursuing the appeal of its loss in a lower court before the majority of conservative justices.
“Failing to address the loss of life resulting from drug overdoses—and criminalizing a community-based public health organization working to save lives—will further erode trust in the justice system,” the new brief states. “If there were ever a time to demonstrate that our government values the dignity of human life, that time is now.”
While President Joe Biden hasn’t weighed in directly on safe consumption sites, there’s been a theme within his administration of embracing the general concept of harm reduction for drugs. The White House Office of National Drug Control Policy (ONDCP), for example, said that “promoting harm-reduction efforts” is a first-year priority. In an overview of its objectives, the office said it intends to expand “access to evidence-based treatment,” enhance “evidence-based harm reduction efforts” and promote “access to recovery support services.”
These goals theoretically align with those of Safehouse, which wants to give people with substance use disorders a facility where medical professionals can intervene in the event of an overdose and provide people with the resources to seek recovery.
Among the signatories on the amicus brief are a former deputy assistant attorney general under Obama, district attorneys of Baltimore, Cook County, Dallas County, Los Angeles County, Manhattan, Philadelphia, San Francisco County and Seattle and the former attorneys general of Ohio, Vermont and Virginia.
But one signatory who especially stands out is Rachael Rollins, the district attorney of Suffolk County, Massachusetts who is Biden’s nominee for U.S. attorney of Massachusetts.
“As an elected prosecutor, I have a responsibility to protect every member of my community, which requires moving away from criminal justice responses to substance use disorder,” Rollins said in a press release. “Instead, we must embrace proven public health strategies as potential solutions. Lives depend on it.”
Philadelphia District Attorney Larry Krasner said the drug war “has taken too many lives already, and criminalization has only exacerbated this devastating toll.” He added: “We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives and improve community safety.”
“Our nation’s failed war on drugs has taken too many lives…and criminalization has only exacerbated this devastating toll. We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives." –@DA_LarryKrasner
— Fair and Just Prosecution (@fjp_org) September 17, 2021
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
Safehouse won a battle in a federal district court in 2019 to proceed with the facilities. But in January, the U.S. Court of Appeals for the Third Circuit overturned the decision, ruling that permitting such facilities would violate a 1980s-era federal statute that bars organizations from running operations “for the purpose of unlawfully… using controlled substances.” That law was passed while Biden served in the Senate and helped push punitive drug policies that have had lasting consequences.
“As current and former criminal justice leaders, amici have seen first-hand how the classic ‘war on drugs’ approach to drug control—with its almost exclusive focus on aggressive criminal law enforcement—has exacerbated the overdose epidemic,” the pro-reform prosecutors and cops wrote in the new brief. “This experience confirms that no jurisdiction can arrest its way out of this public health problem. Fatal overdoses are a symptom of substance use disorder, a medical condition requiring a medical response.”
“Distorting federal drug laws to prohibit an [overdose prevention site] or to prosecute its sponsors would further undermine trust in the justice system and faith in the fair and sensible application of our drug laws. Interpreting federal criminal law to bar empirically validated harm reduction measures would make no one safer; it would only impede cooperation between law enforcement and the communities they serve.”
In its original petition to the Supreme Court in the current safe injection site case, Safehouse argued that the justices should “grant review to determine whether” federal statute really does prohibit “non-commercial, non-profit social service agencies…from establishing an overdose-prevention site that includes medically supervised consumption.”
“This question is a matter of life or death for thousands of Philadelphians and many thousands more throughout the country,” it said. “Tragically, while respondents have been pursuing this declaratory judgment against Safehouse, more than 3,200 people died in Philadelphia of drug overdoses—many of which could have been prevented if medical care had been immediately available through supervised consumption services.”
Safehouse also pointed out that Xavier Bacerra, the Biden administration’s secretary of health and human services, was among eight top state law enforcement officials who filed an earlier amicus brief in support of the organization’s safe injection site plan when he served as California’s attorney general.
The organization put the gravity of the case in no uncertain terms, painting a picture of how its proposed facility can save lives.
“When breathing stops, even a brief delay while waiting for medical help to arrive may result in an otherwise preventable overdose death or irreversible injury,” the petition says. “As a result, every second counts when responding to an opioid overdose; as more time elapses, the greater the risk of serious injury and death. Ensuring proximity to medical care and opioid reversal agents like the drug Naloxone at the time of consumption is therefore a critical component of efforts to prevent fatal opioid overdose.”
“Intervention by this Court is warranted to make clear that the federal law does not criminalize this essential public health and medical intervention designed to save lives from preventable overdose death,” it continues.
Safehouse argued that the appeals court’s interpretation of the law “eviscerates the intended boundaries of the statute and would criminalize the operation of legitimate businesses, charities, families, and good Samaritans that serve and reside with those suffering from addiction.”
If the Supreme Court were to take up the case and rule in favor of Safehouse, it could embolden advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.
At the same time that Safehouse is turning to the Supreme Court, it also announced recently that it will be returning the the federal district court that gave it an initial 2019 victory in support of establishing a safe injection facility before it was overturned in the appeals court.
The organization is making the unique argument that the federal government’s decision to block it from providing the service violates religious freedom by subjecting participants “to criminal penalties for exercising their sincerely held religious beliefs that they have an obligation to do everything possible to preserve life and to provide shelter and care to the vulnerable, including those suffering from addiction.”
In 2018, a congressional subcommittee approved legislation to specifically prohibit Washington D.C. from using local tax dollars to help open safe consumption facilities. But that provision was not enacted and has not been reintroduced since.
A 2020 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.”
Read the amicus brief from the prosecutors on the Safehouse safe injection site case below:
Photo courtesy of Jernej Furman.
Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry
Lately it’s come to seem as if most of the former politicians who’ve entered the marijuana industry were unhelpful or downright hostile to legalization when they were in office. But on Friday, a cannabis company announced an addition to its board who disrupts that narrative: a former Republican congressman who has a consistent legislative record of cosponsoring and voting for marijuana reform measures.
The multi-state cannabis businesses Red White & Bloom Brands Inc. (RWB) is bringing on former Rep. Ryan Costello (R-PA) to help it navigate the complicated regulatory space, drawing on his experience in Congress as the company works to expand.
Costello certainly isn’t the only Republican lawmaker who’s made the transition from Capitol Hill to the cannabis market. But he is a rare example of a politician who actually embraced enacting marijuana policy changes while he was in power before standing to profit from the industry. The congressman cosponsored a variety of bills—including ones to shield states that legalize cannabis from federal interference—and supported several reform amendments.
“I’m looking forward to utilizing my 15+ years of service in government, the legal profession, and my familiarity with cannabis policy to be a strategic resource for RWB as it positions itself as a true market leading house of brands in the permitted U.S. marketplace,” Costello said in a press release.
This breaks with a trend that has increasingly frustrated advocates, where it seems the people most inclined to benefit from legalization are those who stood in the way in Congress. The best-known example of that is former GOP House Speaker John Boehner (R-OH), who’s faced criticism from activists over his anti-legalization record while in office before joining the board of marijuana company Acreage Holdings.
While Costello left Congress in 2019 prior to the historic House vote on a standalone bill to federally deschedule cannabis, there are plenty of examples of him supporting more modest reform proposals during his congressional tenure.
He was a cosponsor of legislation to protect state marijuana markets from federal intervention, promote cannabis research, support military veterans’ access to medical marijuana, protect banks that service state-legal cannabis businesses and legalize industrial hemp.
The congressman also voted in favor of floor amendments to shield all state marijuana programs from Justice Department intervention, allow Department of Veterans Affairs doctors to recommend medical cannabis and end hemp prohibition.
In that respect, he was a rare GOP lawmaker. While the issue is increasingly bipartisan among the public, that hasn’t been reflected in Congress. And now Costello is in a position to leverage his legislative experience to advance a marijuana business’s interests.
It’s an exception to the trend.
For example, Tom Price, the former U.S. Department of Health and Human Services (HHS) head under President Donald Trump, is serving as a member of the board of directors for a medical marijuana business in Georgia after he refused to take action to reclassify cannabis under federal law when he had the power to do so. Price consistently voted against marijuana reform measures while serving in Congress.
Former Rep. Steve Buyer (R-IN), who also has a long track record of opposing marijuana legalization efforts, joined a Canadian cannabis company’s board in 2019.
Earlier this month, a New York-based lobbying firm that’s headed by a former Republican U.S. senator announced that it is launching a practice focused on serving cannabis businesses. That former senator, Alfonse D’Amato, racked up a record of supporting the war on drugs while in office.
There is at least one other former GOP congressman who entered the cannabis space with a legislative record supporting marijuana reform. Former Rep. Dana Rohrabacher (R-CA), who championed cannabis reform while in Congress, became an advisory board member for a marijuana company after being voted out of office in 2018.
Separately, President Joe Biden’s pick to head up federal drug policy worked for a major marijuana business last year, according to his financial disclosure reports.
Photo courtesy of WeedPornDaily.