Connect with us

Politics

Where Presidential Candidate Tulsi Gabbard Stands On Marijuana

Published

on

Rep. Tulsi Gabbard (D-HI), a member of Congress since 2013 and previously a Hawaii state legislator and Honolulu city councilmember, announced she was seeking the 2020 Democratic presidential nomination on January 11, 2019 and dropped out of the race on March 19, 2020.

In her formal campaign launch speech, she criticized a criminal justice system that “puts people in prison for smoking marijuana while allowing corporations like Purdue Pharma, who are responsible for the opioid-related deaths of thousands of people, to walk away scot-free with their coffers full.”

Here’s a broader look at where the congresswoman, who received a B+ grade from NORML as well as an earlier endorsement from the advocacy group, stands on marijuana reform.

This piece was last updated on March 19, 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

Gabbard has cosponsored a large number of cannabis-related bills during her time in Congress, and she was the lead sponsor of a measure to require the federal government to study the impact of state marijuana legalization, which she reintroduced in April 2019.

Also that month, the congresswoman introduced legislation that’s designed to end prohibition by federally descheduling marijuana.

“This is affecting those dealing with opioid addiction, this is affecting farmers, this is affecting small business owners, this affecting our veterans and those who are locked up in our broken criminal justice system because of this prohibition,” Gabbard said in an interview while discussing her bill. “That’s what my bill seeks to do: end prohibition very simply.”

Gabbard signed onto far-reaching legislation to remove marijuana from the Controlled Substances Act (CSA) and withhold federal funds from states that disproportionately enforce cannabis laws in 2018 and 2019.

She also cosponsored a bill filed by Rep. Jerry Nadler (D-NY), chair of the Judiciary Committee, that would similarly deschedule marijuana but would also institute a federal tax on cannabis sales with some funds being directed toward programs to repair the harms of the war on drugs.

“Millions of Americans have fallen victim to the failed War on Drugs, tearing families apart, disproportionately harming minority communities, and overcrowding an already strained prison system. Marijuana use is a personal choice and should not be a criminal act,” she said in a press release about the legislation. “For many years I have worked to end the marijuana prohibition and am proud to push this legislation forward that will begin to right the wrongs of the past, and invest in communities who have been most harmed.”

In July 2019, Gabbard introduced a wide-ranging hemp bill that calls on multiple federal agencies to issue guidelines and encourage federal research into the crop’s many potential uses, including to clean up nuclear contamination, treat conditions that commonly afflict veterans such as post-traumatic stress disorder and incorporate it into public school lunches.

“The hemp industry is poised to grow rapidly, having a billion dollar impact on the U.S. economy and creating thousands of jobs,” she said in a press release. “Hemp-based materials have the potential to transform industries from health care to domestic manufacturing to affordable, sustainable housing construction, and more.”

Other bills she’s backed would shield medical and recreational marijuana states from federal interference, legalize industrial hemp, protect banks that service cannabis businesses from being penalized by federal regulators, provide tax fairness for the cannabis industry, address various aspects of the federal-state marijuana policy gap, remove roadblocks to research and exempt CBD from the CSA.

She was the lead Democratic cosponsor of another measure to federally deschedule marijuana.

Gabbard, who served in a medical unit in the Hawaii Army National Guard, has also cosponsored several pieces of legislation aimed at expanding access to medical cannabis for veterans. That includes one bill that would block the U.S. Department of Veterans Affairs (VA) from denying benefits to patients who use marijuana, another that would require the VA to survey patients and caregivers on cannabis use and a bill that would require VA to conduct clinical trials on the potential therapeutic benefits of cannabis for veterans.

She signed onto a House resolution meant to express the chamber’s sentiment that the drug war has failed and apologize to “individuals and communities that were victimized by this policy.” She also cosponsored a separate resolution calling on states to “address disparities in the cannabis marketplace participation and to address, reverse, and repair the most egregious effects of the war on drugs on communities of color, in particular to those who now hold criminal records for a substance that is now legal and regulated.”

Gabbard has also consistently voted to support marijuana amendments on the House floor. For example, she supported two measures to protect state medical cannabis laws from federal interference as well as a broader proposal to shield all state marijuana laws, including those allowing recreational use. She voted yes on three separate amendments to allow military veterans to get medical cannabis recommendations from their Department of Veterans Affairs doctors. A measure to protect banks from being punished for working with marijuana businesses from businesses also got an aye from Gabbard. And she supported a proposal to shield people complying with state CBD medical cannabis laws from federal enforcement, as well as four separate amendments to protect state industrial hemp programs from interference.

On The Campaign Trail

“The fact that marijuana’s still a Schedule I drug is unacceptable in the harm that it is causing to the people of our country and to taxpayers as well,” Gabbard told Marijuana Moment in a March 2019 interview.

“Regardless of who [the Democratic presidential nominee] is, this is a major issue I’m putting at the forefront of my campaign and continuing the work that I’ve been doing in Congress to bring about this change,” she said. “It’s something I’ve continued to bring up in bigger cities as well as small towns in New Hampshire and Iowa and other states, and it’s an issue that is very exciting to voters who believe, as I do, that we’ve got to make this happen.”

The candidate touted legislation she introduced to deschedule cannabis, directing supporters to contribute to her campaign.

In January 2020, Gabbard suggested that legalizing and regulating currently illicit drugs would help people suffering from addiction get into treatment and would be a superior policy compared to criminalizing these individuals.

“I think we need to look at the model in Portugal where there has been decriminalization and in some cases legalization and regulation so we treat substance abuse and addiction as a health care issue,” she said in an interview with Fox News’s Sean Hannity the next month.

This came months after Gabbard first indicated she’s supportive of decriminalizing possession of currently illegal substances like heroin and cocaine.

During a campaign stop in Iowa, she said, “Stop throwing people in prison for smoking a joint and instead go after those like Purdue Pharma who are proliferating their opioids on our streets and taking people’s lives.”

“Our archaic marijuana policies—based on stigma and outdated myths—have been used to wage a failed war on drugs,” she said in an interview with Cannabis Now. “The so-called ‘War on Drugs’ has exhausted our law enforcement resources, burdened our criminal justice system, decimated communities, fractured families, and turned everyday Americans into criminals. Over-criminalization and mass incarceration have become the new norm.”

During a televised town hall event, Gabbard declined to rule out pushing for broader decriminalization legislation to extend to drugs besides marijuana.

“The drug pushers at Big Pharma have enough crooked politicians in their pocket to maintain the appearance of legality – that’s the only difference between them & every other global drug cartel,” the congresswoman said in a tweet in March 2019. “I’m for legalizing marijuana & holding Big Pharma accountable.”

She also discussed hemp, writing that the crop “played a vital role in the American economy through the early 1900’s until it was replaced w/ fossil fuel products.”

“Versatile & environmentally friendly, it represents great opportunity for small farmers,” she said. “It’s time to bring it back!”

Gabbard sought donations with a marijuana-themed campaign email blast on the unofficial cannabis holiday 4/20. Supporters were given options to contribute $4.20, $14.20, $42.00 and $420.00.

“The recent arrest of a grandmother at the Dallas Fort Worth airport for possession of CBD oil—a resin from the cannabis plant used to treat arthritis and other ailments—underscores the absurdity and hypocrisy of federal laws related to marijuana,” she said in a tweet that included an accompanying video.

Gabbard said her legislation to end federal cannabis prohibition would protect veterans from being “penalized or risk losing their VA benefits for working in the state-legalized cannabis industry.”

“As president I’ll end the failed war on drugs, legalize marijuana, end cash bail, and ban private prisons and bring about real criminal justice reform,” Gabbard said.

During a Democratic presidential debate in July 2019, Gabbard took a hit at fellow contender Sen. Kamala Harris (D-CA) over her record as a prosecutor who enforced marijana prohibition and once opposed legalization while later joking about her own cannabis consumption.

Gabbard said during a post-debate interview that she is “deeply concerned about this record,” referring to the senator’s prosecutorial history. “There are too many examples to cite, but she put over 1,500 people in jail for marijuana violations and then laughed about it when she was asked if she ever smoked marijuana.”

At another debate, the candidate said it’s “important that we set the record straight and correct the racial injustices that exist in a very institutional way in our country, beginning with things that have to do with our criminal justice system—predominantly, the failed war on drugs that has been continuing to be waged in this country, has disproportionately impacted people of color and people in poverty.

“Marijuana use is a personal choice, not a criminal act,” the congresswoman said in a campaign video.

At the New Hampshire Democratic Party convention in September 2019, Gabbard also discussed her plan to end the drug war and legalize marijuana. She also talked about these policies at the New Hampshire Institute of Politics and New England Council’s Politics and Eggs breakfast.

Ahead of NORML’s congressional lobbying day event that month, Gabbard spoke to advocates about the need for reform.

“More than half the states across America have legalized/decriminalized marijuana in some form,” she said. “It’s time for Congress to catch up.”

She also participated in a “Rethinking Marijuana Roundtable” in New Hampshire in February 2020.

At another event in the state that month, the candidate spoke about the failure and harms of the war on drugs.

Gabbard also said she supports allowing interstate commerce for cannabis and social consumption sites.

Previous Quotes And Social Media Posts

There’s no deficit of marijuana-related posts on Gabbard’s Facebook and Twitter feeds, and her office has released numerous statements and press releases about the issue.

After then-Attorney General Jeff Sessions rescinded Obama-era Justice Department guidance on cannabis enforcement priorities in early 2018, she posted an extensive thread about why the move “will exacerbate an inhumane, ineffective system that tears families apart.

Later in the year, she turned her attention on Hawaii Gov. David Ige (D) after he vetoed legislation that would have made opioid misuse a qualifying condition for medical marijuana. Gabbard has repeatedly touted research demonstrating that legal access to cannabis can reduce opioid overdoses and prescriptions, potentially mitigating a national drug crisis.

“With such a stark increase in prescription opioid use and dependence, heroin and synthetic drug overdose, and emergency room visits over the last decade, we must allow legal access to medical marijuana to help prevent opioid addiction and opioid-related deaths,” Gabbard said in a press release. “Understanding that people’s lives are at stake, I urge Governor Ige to reconsider and sign this legislation into law now.”

She also talked about the relationship between marijuana laws and opioid overdoses on Joe Rogan’s podcast.

“There are states that have legalized, whether it’s just medical or full legalization, there has proven to be a direct correlation to a drastic reduction in opioid-related deaths in those states where people have access,” she said. “If we know this, and every one of the leaders in this country are so concerned about this opioid epidemic, why hasn’t this been brought forward?”

In a 2017 interview with SFGate, the congresswoman discussed legislation she cosponsored to remove marijuana from the CSA, saying that current federal cannabis policies “have turned everyday Americans into criminals, torn families apart, and wasted huge amounts of taxpayer dollars to arrest, prosecute, and incarcerate people for nonviolent marijuana charges.”

“The reality is, whether or not any individual chooses to consume cannabis is irrelevant. The important question is, should we really be sending people to jail and turning them into criminals for using a substance that is far less dangerous and harmful than alcohol? The answer is no. The fiscal and social impacts of our current policy, are having devastating effects on individuals and our communities and are only perpetuating the problem.”

Touting her Marijuana Data Collection Act on the House floor, Gabbard said “federal policies should be based on actual science and fact, not misplaced stigma and outdated myths.”

“For decades, bad data and misinformation have fueled the failed War on Drugs that’s wasted billions of taxpayer dollars incarcerating Americans for non-violent marijuana charges,” she said. “Our outdated marijuana policies have turned everyday Americans into criminals, strained our criminal justice system, cost taxpayers tremendously, and torn families apart—all for a substance that’s proven to be far less harmful and dangerous than alcohol.”

Prior to the passage of the 2018 Farm Bill, which federally legalized industrial hemp, the congresswoman spoke out in support of allowing farmers to cultivate the crop.

“Our nation should empower our local farmers by allowing them to grow, cultivate and research industrial hemp that will create opportunity and strengthen our economy,” she said in a press release. “The DEA must honor and uphold the Congressional intent of federal legislation that allows states, like Hawai‘i, to establish programs to research the benefits, cultivation, and market of industrial hemp.”

She also tweeted that one answer to plastic trash pollution of the ocean is to use more “biodegradable materials like hemp.”

Personal Experience With Marijuana

Gabbard told Marijuana Moment in an interview that she has not personally tried marijuana.

“I don’t smoke marijuana. I never have,” she said. “But I believe firmly in every person’s freedom to make their own choices, and that people should not be thrown in jail and incarcerated or made into criminals for choosing to smoke marijuana whether it be for medicinal and non-medicinal purposes.”

In January 2020, she again said “I’ve never done drugs in my life, and I don’t drink.”

“That’s my choice, but I don’t believe that if someone else makes different choices in their lives that they should be penalized and punished and made a criminal of,” the congresswoman said.

Marijuana Under A Gabbard Presidency

Gabbard’s cosponsorship of a long list of cannabis reform bills and continual focus on the issue in public statements and social media posts indicate she would be an especially marijuana-friendly president if she were to earn the Democratic nomination and win the 2020 election.

Where Presidential Candidate Kirsten Gillibrand Stands On Marijuana

Photo element courtesy of Lorie Shaull.

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.

Politics

Marijuana Banking Bill Will Get A House Floor Vote Next Week, Majority Leader Confirms

Published

on

A bipartisan bill to protect banks that service state-legal marijuana businesses from being penalized by federal regulators has been formally scheduled to receive a House floor vote on Monday, a calendar released by Majority Leader Steny Hoyer’s (D-MD) office confirms.

Marijuana Moment reported on the expected development earlier Friday after obtaining an email that was sent to stakeholders by a staffer for Rep. Ed Perlmutter (D-CO), the bill’s sponsor, seeking letters of support for the Secure and Fair Enforcement (SAFE) Banking Act ahead of the anticipated vote.

The bill is now now officially listed on the majority leader’s agenda of legislation for Monday.

This will mark the first floor action on a cannabis reform bill this Congress. The standalone legislation cleared the House with bipartisan support in 2019, and its language was also included in two coronavirus relief packages that the chamber approved. The proposal did not advance in any form in the Senate under GOP control, however.

With Democrats now in control of the House, Senate and White House, industry stakeholders are optimistic that the legislation stands a solid chance of becoming law this year.

The SAFE Banking Act was reintroduced in the House last month, and it currently has 151 cosponsors—more than one-third of the chamber. Days later, it was refiled in the Senate, where Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT) are the chief sponsors.


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

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

The legislation would ensure that financial institutions could take on cannabis business clients without facing federal penalties. Fear of sanctions has kept many banks and credit unions from working with the industry, forcing marijuana firms to operate on a cash basis that makes them targets of crime and creates complications for financial regulators.

Because the bill will be taken up under the process known as suspension of the rules, it will need a two-thirds supermajority to pass—an achievable threshold given the level of support it got during the earlier 2019 vote. No floor amendments will be allowed under the procedure.

Rep. Matt Gaetz (R-FL) said in a tweet on Friday that he’ll “be voting for the SAFE Banking Act in the House” and that it’s “absurd that Marijuana business cannot fully access the US financial system.” He did not comment on the timing of a vote, however.

After it passed the House last Congress, advocates and stakeholders closely watched for any action to come out of the Senate Banking Committee, where it was referred after being transmitted to the chamber. But then-Chairman Mike Crapo (R-ID) did not hold a hearing on the proposal, despite talk of negotiations taking place regarding certain provisions.

Crapo said he opposed the reform proposal, but he signaled that he might be more amenable if it included certain provisions viewed as untenable to the industry, including a 2 percent THC potency limit on products in order for cannabis businesses to qualify to access financial services as well as blocking banking services for operators that sell high-potency vaping devices or edibles that could appeal to children.

Sen. Sherrod Brown (D-OH), who took the top seat in that panel after Democrats secured a majority in the Senate, told reporters in February that he’s “willing” to move the cannabis banking bill, “but with it needs to come sentencing reform.”

The current Senate version of the SAFE Banking Act has 32 cosponsors.

When legislative leaders announced that the SAFE Banking Act was getting a House vote in 2019,  there was pushback from some advocates who felt that Congress should have prioritized comprehensive reform to legalize marijuana and promote social equity, rather than start with a measure viewed as primarily friendly to industry interests.

Rep. Earl Blumenauer (D-OR), co-chair of the Congressional Cannabis Caucus and an original cosponsor of the bill, said last month that the plan is to pass the banking reform first this session because it “is a public safety crisis now,” and it’s “distinct—as we’ve heard from some of my colleagues—distinct from how they feel about comprehensive reform.”

Meanwhile, congressional lawmakers are simultaneously preparing to introduce legislation to end federal cannabis prohibition.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are in the process of crafting a legalization bill, and they’ve already met with advocates to get feedback on how best to approach the policy change.

Schumer said this week that the legislation will be introduced and placed on the floor “soon.”

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.

Biden’s Already On Board With Federal Marijuana Legalization Even If He Doesn’t Use That Word, Booker Says

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.
Continue Reading

Politics

Washington Senate Replaces Drug Decriminalization Bill With Revised Measure To Reinstate Penalties

Published

on

A bill that would have formally decriminalized drugs in Washington State was gutted on the Senate floor on Thursday, with lawmakers approving a dramatically revised version that instead reinstates criminal penalties following a state Supreme Court ruling that overturned prohibition.

The action sets up a possible showdown with more progressive Democrats in the House of Representatives who have said they won’t vote for legislation that returns to a criminal war on drugs.

Washington has been without a law against drug possession since a divided state Supreme Court abruptly struck it down February, after ruling that a narrow portion of the decades-old law was unconstitutional. Lawmakers have since scrambled to address the decision—which has halted drug arrests and prosecutions across the state and freed dozens of people incarcerated on drug possession charges—before the legislative session ends on April 25.

On the Senate floor on Thursday evening, a bill that originally would have left drug possession decriminalized was amended to instead make possession a gross misdemeanor, a crime punishable by up to a year in jail and a $5,000 fine—a change that led its lead sponsor to vote against the measure.

Prior to the court decision, drug possession was classified as a felony.

Senators passed the amended version of the bill, SB 5476, on a 28–20–1 vote. It next proceeds to the House, where it’s scheduled for an initial hearing in the Appropriations Committee on Monday, with possible committee action slated for Wednesday, April 21.

Watch the senators discuss the drug penalties legislation, around 1:01:33 into the video below: 

As amended, the Senate-passed bill represents a moderate reform to Washington’s now-invalidated felony law against possession. It requires the prosecutors divert people for first- and second-time possession charges to evaluation and treatment programs, and allows for the possibility of further diversions with a prosecutor’s approval.

“I think that this striking amendment will help move us forward as we continue negotiations in these final 10 days with the body across the way toward having a response that will provide services and treatment and help for people who are struggling with substance use disorder,” Sen. Jamie Pedersen (D), who brought the amendment, said on the Senate floor.

The bill in its original form represented a more significant shift away from the drug war. It would have imposed no penalties for possession of small, “personal use” amounts of drugs, instead routing people to evaluation and treatment services for substance use disorder.

Some senators who initially supported SB 5476 ultimately changed their vote after the misdemeanor amendment was adopted. The bill’s original sponsor, Sen. Manka Dhingra (D) said she could no longer support the proposal.

“The way we are doing this, I’m glad there’ll be opportunities for diversion, but it needs to be not through the criminal justice system,” Dhingra said during floor debate. “I understand this is my bill, I understand my name is on there, but I will be voting no on this today.”

Many senators who weighed in on the bill Thursday said it was important that the legislature pass something before the session end, given the sweeping impact of February’s state Supreme Court decision, State v. Blake. In a statement issued after the floor vote, Senate Majority Leader Andy Billig (D) said that not passing a state law on drug possession “means a patchwork of local ordinances that will be confusing to Washingtonians and won’t provide equal justice across the state.”

Generally speaking, state drug laws are understood to preempt those of Washington’s cities and counties. With the state law against possession gone, localities could establish their own laws and penalties, and some have already begun doing so.

“The bill we passed today is not the final word on the subject,” Billig said in a statement. “It is a compromise that keeps this important legislation moving so that we can do our duty as the representatives of the people of our whole state.”

Representatives in the House, however, have indicated more openness to leaving drug possession decriminalized this session. On Thursday, lawmakers in favor of broader drug reform introduced a new bill, HB 1578, which would expand treatment and recovery services and reclassify low-level possession as a civil infraction, punishable by a fine of up to $125 and no possibility of jail time.


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

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

Of all the measures currently in play this session, the new bill is the one that most closely resembles neighboring Oregon’s drug decriminalization measure passed by voters in November. But its path forward is uncertain: HB 1578 would need to pass both chambers of the legislature in less than two weeks.

Likewise, it remains unclear how the House will receive the Senate-passed bill, SB 5476, in its new form. More progressive members of the Democratic caucus have said they won’t vote for legislation that reimposes criminal penalties for simple possession, but it’s not certain they’ll be able to muster enough support to pass a decriminalization measure.

If House lawmakers were to amend the Senate bill before passing it, the legislation would need to go to a conference committee, where members of both chambers would iron out differences in the two versions of the bills.

Earlier this year, before the Supreme Court’s decision, a House committee passed a separate bill, HB 1499, that would have ended criminal penalties for personal use amounts of drugs and instead routed people to evaluation and treatment. It would have also significantly expanded the state’s outreach and recovery programs for people with drug use disorders. That measure failed to proceed further after missing a legislative deadline last month.

HB 1499, for its part, stemmed from an effort to put a drug decriminalization initiative on Washington’s ballot last year. Supporters pivoted to a push through the legislature after pressing pause on their signature-gathering campaign after COVID-19 first broke out in the Seattle area early last year.

Advocates for reform have noted that the state’s criminal enforcement of drug possession laws has had a strong bias against people of color, particularly the state’s Black, brown and Indigenous communities.

In her comments on the Senate floor, Dhingra echoed that point, arguing that the Blake decision presents a chance for lawmakers to finally begin to address those racial disparities.

“I will say that the Supreme Court did provide us with an opportunity,” she said, “an opportunity to really think about what we as a state and as a nation have been doing in regards to the war on drugs, and to really think critically of the impact that this has had very, very specifically on Brown and Black families.”

“The racial impact of our drug laws cannot be understated,” Dhingra continued. “When we take a look at mass incarceration, when we take a look at families with a single mom who is bringing up her children, when we take a look at parents who cannot find a job because of their criminal history, cannot find housing, cannot seek recovery, it comes down to the manner in which we have been enforcing our drug laws.”

Rep. Roger Goodman (D), the lead sponsor of the new House measure, HB 1578, which would make possession a civil infraction, didn’t immediately respond to a request for comment on Thursday evening. In an interview with Marijuana Moment last month, however, he called the Blake decision “both a blessing and a curse.”

“It’s an opportunity for us to come up with a more effective approach that does less harm,” he said, “but we don’t have the opportunity to be deliberate and inclusive in conversations with interested parties, so it’s not as well thought-out a proposal as it would be otherwise. It has to be an interim measure.”

Just five years ago, few state legislatures would have dreamed of letting drugs remain decriminalized after a court decision like Blake. Now attitudes are beginning to shift.

“There’s this phenomenon called discontinuous change,” Goodman told Marijuana Moment, “where nothing happens and nothing happens and nothing happens, and then the Berlin Wall falls down. We’re getting to that place in drug policy where it’s a tipping point.”

Oregon voters ended prohibition of low-level drug possession at the ballot during last November’s election, which has contributed to the national conversation.

In both Maine and Vermont, lawmakers have also recently unveiled legislation last month to decriminalize small amounts of illegal drugs. Last month, a Rhode Island Senate committee held a hearing on legislation that would end criminal penalties for possessing small amounts of drugs and replace them with a $100 fine.

In New Jersey, meanwhile, Gov. Phil Murphy (D) said last month that he’s “open-minded” on decriminalizing all drugs.

California Bill To Legalize Possession Of Psychedelics Clears Second Senate Committee

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.
Continue Reading

Politics

Biden’s Already On Board With Federal Marijuana Legalization Even If He Doesn’t Use That Word, Booker Says

Published

on

Sen. Cory Booker (D-NJ) says that President Joe Biden is already where he needs to be to get a bill to end federal marijuana prohibition enacted into law—even if he personally opposes legalization. Confusion about the president’s position comes down to semantics, the senator indicated.

Booker said in a recent interview that Biden’s stance in favor of “decriminalization” will be enough to advance the reform legislation he’s working on with Senate Majority Leader Chuck Schumer (D-NY) and Senate Finance Committee Chairman Ron Wyden (D-OR).

That reason being, he said, is that what the reform proposal would accomplish at the federal level is effectively decriminalizing marijuana by removing it from the list of controlled substances and letting states set their own policies—something Biden does supports.

“I have a great partner” in the president, Booker said in an interview on the podcast Hell & High Water that was published on Wednesday. “He believes in decriminalization—and as I said to him the first time we talked about it was, ‘well, my bill is no different. I think states should be allowed to do what they want.'”

“I think it should be legalized, but what we need to do at the federal level is de-list marijuana. And as soon as you decriminalize marijuana, you open up states that right now are not able to do a lot of things, to give way for what I want to achieve,” Booker said. “His policy position on marijuana—he may say, ‘I’m not for legalization, I’m for decriminalization’—as a federal official, that’s where I’m trying to get.”

In other words, the senator isn’t especially concerned that Biden would be an obstacle if Congress passes the legalization bill he’s planning to introduce, as long as it’s made clear that there’s no mandate for all states to set up tax-and-regulate marijuana markets if they don’t want to.

Booker also said he would like for people to stop playing a video clip of him calling out Biden’s opposition to legalization during a presidential primary debate in 2019, as the interview host did in the new podcast interview. At the time, the senator jokingly accused his fellow candidate of being “high” when he articulated his opposition to legalization days earlier.

“That is a little clip I’m hoping at some point stops being played,” he said. “But yes, indeed, I accused Joe Biden of being high.”

While the text of the pending legalization legislation has yet to be introduced, it’s expected to incorporate key provisions from past reform bills such as Booker’s own Marijuana Justice Act (MJA) that could create incentives for states to adopt legalization. For example, the MJA called for the withholding of certain federal funds to states where cannabis criminalization is enforced out in a racially disproportionate way.

That would go a bridge further than simple decriminalization, so it remains to be seen if Biden would be amendable to that kind of broader reform.

In any case, Booker’s point about the decriminalization/legalization distinction when it comes to federal policy was also made by Schumer in a recent press conference. The majority leader, who’s said that Congress will move forward with legalization regardless of the president’s position, said last month that “I support decriminalization at the federal level, and we’ll be introducing legislation with a few of my colleagues shortly.”

Asked to clarify whether he supports legalization, Schumer replied, “decriminalization, legalization,” implying that the two terms are used interchangeably.

“At the federal level, you call it ‘decriminalization’ because that lets the states legalize,” he said. But in general, advocates draw a distinction between the terms, with decriminalization usually being used to describe state or local policies that simply remove the threat of incarceration for simple possession while fines or other penalties could still be levied, which is distinct from outright legalization.

Schumer also said this week that the legalization bill they’re working on will be brought to the floor of his chamber “soon.”

He, Wyden and Booker formally started their reform efforts by holding a meeting earlier this year with representatives from a variety of advocacy groups to gain feedback on the best approach to the reform.

Schumer made a point last month to say that it will specifically seek to restrict the ability of large alcohol and tobacco companies to overtake the industry.

Instead, it will prioritize small businesses, particularly those owned by people from communities most impacted by prohibition, and focus on “justice, justice, justice—as well as freedom,” he said.

He also urged voters to reach out to their congressional representatives and tell them that “this is long overdue.”

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.

Now that Democrats have the majority in both chambers, as well as the White House, there’s a sense of optimism among advocates that comprehensive reform is achievable in this Congress.

But with respect to the White House, Press Secretary Jen Psaki said last month that Biden’s position on adult-use legalization “has not changed,” meaning he still opposes the policy.

69 Percent Of Americans Now Support Legalizing Marijuana—An All-Time High, Quinnipiac Poll Finds

Photo courtesy of Mike Latimer.

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.
Continue Reading
Advertisement

Marijuana News In Your Inbox

Support Marijuana Moment

Marijuana News In Your Inbox

Marijuana Moment