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Where Presidential Candidate Elizabeth Warren Stands On Marijuana

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Sen. Elizabeth Warren (D-MA) announced on Monday that she’s forming an exploratory committee ahead of a likely 2020 presidential run, making her the first major potential contender to take formal legal steps toward launching a bid for the Democratic nomination in what’s expected to be a crowded primary.

While Warren is widely known as an advocate for consumer protections and Wall Street regulation, she’s also developed a reputation as a champion for modernizing marijuana laws. As such she has an A grade from NORML. That wasn’t always the case, as the senator was previously somewhat dismissive of cannabis reform attitudes, and declined to endorse her home state of Massachusetts’s legalization ballot measure ahead of Election Day 2016—but her position quickly evolved as public opinion on the issue shifted demonstrably in favor of reform, particularly among Democratic primary voters.

Legislation And Policy Actions

Warren is the lead sponsor of the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, which she filed in partnership with Sen. Cory Gardner (R-CO) in June. The legislation would amend the Controlled Substances Act (CSA) to exempt state-legal marijuana activity from federal interference and is also aimed at addresses banking access issues for the cannabis industry.

The senator has co-sponsored at least six other major pieces of cannabis reform legislation. That includes two wide-ranging bills from Sen. Cory Booker (D-NJ): the CARERS Act, which was designed to protect medical marijuana patients from federal enforcement efforts and stimulate research into the plant, and the Marijuana Justice Act, which would remove marijuana from the CSA and direct federal courts to expunge the criminal records of those previously convicted of a cannabis-related offense. The latter bill also goes beyond the regular “states’ rights” mantra long expressed by reformers on Capitol Hill by actually withholding funding from states that maintain discriminatory enforcement of marijuana laws.

Warren also signed onto a marijuana descheduling bill introduced by Sen. Chuck Schumer (D-NY) and another that would authorize the Department of Veterans Affairs to conduct research into the therapeutic potential of cannabis for veterans. Additionally, she co-sponsored two bills aimed at providing banking access to marijuana businesses: the SAFE Banking Act in 2017 and the Marijuana Businesses Access to Banking Act in 2015.

Warren has not had the opportunity to vote on any marijuana bills or amendments during her time in the Senate.

In March 2017, Warren signed a letter expressing concern about remarks from then-White House Press Secretary Sean Spicer, who hinted at a federal crackdown on legal cannabis states. The letter encouraged the Justice Department to allow states to operate legal cannabis systems without fear of federal intervention.

In November 2017, the senator wrote a letter to Trump’s then-nominee to head up the Department of Health and Human Services, Alex Azar. In the letter, she said the administration should consider legalizing cannabis as a means to combat the opioid epidemic, citing research indicating the legal states experience lower rates of opioid overdoses compared to non-legal states.

And in January 2018, she sent a letter with a bipartisan coalition co-signers imploring Trump to direct former Attorney General Jeff Sessions to reinstate the Cole memo, an Obama-era document providing guidance on federal marijuana enforcement. Doing so would “create a pathway to more comprehensive marijuana policy that respects state interests and prerogatives,” the lawmakers wrote.

Quotes And Social Media Posts

Warren has tweeted her views on marijuana policy on numerous occasions, and her office has released several statements and press releases about the issue.

“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” Warren said in a press release when filing the STATES Act. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations – and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”

“Forcing legitimate marijuana businesses to operate a cash-only business is dangerous,” she said in a press release about cannabis banking legislation. “It creates unnecessary public safety issues for communities and business owners. The SAFE Banking Act is a common sense bill that would advance state efforts to regulate the sale of marijuana and support businesses working to establish reliable business operations.”

“Another option to tackle the opioid crisis is to invest in more research on alternative pain therapies, including physical therapy and new drugs that don’t have abuse potential,” Warren said during a 2016 hearing of the Senate Special Committee on Aging. “Medical marijuana might also be a viable alternative, but the truth is we just don’t know,” she said, noting the barriers to research that exist due to federal prohibition.

“The best studies suggest that African Americans and whites use marijuana at the same rates, but African Americans are twice as likely to be arrested for [it] than whites,” she said during a campaign appearance in New Hampshire. How about we legalize marijuana and get rid of all those cases?”

The senator hasn’t always been receptive to broad reform:

Warren tried to use the pro-legalization stance of former Massachusetts Rep. Dan Winslow (R) against him as he sought the Republican nomination for U.S. Senate in 2013. She said, “I advise everyone to pay very close attention to Dan Winslow’s platform. He has a 100 percent ranking from the gun lobby and he’s for the legalization of marijuana. He wants us armed and stoned.”

She also angered some cannabis reform advocates by staying on the sidelines of Massachusetts’s 2016 legalization ballot campaign, coming only so close as to say she “would be open to the possibility of legalizing marijuana in Massachusetts” prior to Election Day.

But that didn’t stop her from later falsely stating that she actually endorsed the measure.

“Yes, I did,” she said earlier this year. “Oh, I did.”

While the senator later clarified that she voted in favor of the measure in the privacy of the voting booth, that explanation fell far short of what Bay State advocates were hoping to see from their progressive senator.

Personal Experience With Marijuana

Warren said in an interview last year that she has never smoked marijuana.

Marijuana Under A Warren Presidency

Warren’s evolution on cannabis issues over the past two years has transformed her into one of Congress’s leading advocates for ending federal prohibition, a stance she would be expected to take with her into the Oval Office if she’s elected.

High-Ranking House Democrat Calls On Congress To Decriminalize Marijuana As ‘Next Step’

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Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Governor Signs Bill Legalizing Medical Marijuana In The U.S. Virgin Islands

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Medical cannabis was legalized in another U.S. territory on Saturday after the governor of the U.S. Virgin Islands signed a long-awaited bill into law.

“I have approved the Virgin Islands Medicinal Cannabis Care Act because it is a step in the right direction toward assisting Virgin Islanders suffering from autoimmune and other debilitating medical conditions,” newly sworn-in Gov. Albert Bryan Jr. (D) said in a press release.

The Virgin Islands Medical Cannabis Patient Care Act allows qualified patients to obtain, possess and consume marijuana for therapeutic purposes. It also establishes legal dispensaries and facilities to cultivate, test and manufacture cannabis products.

“After such a prolonged beating, I don’t know how to feel, except relieved for the people who will finally have access to healthy, effective, and affordable medicinal cannabis,” Senator Terrence ‘Positive’ Nelson, who for several legislative sessions in a row has sponsored medical cannabis bills that were ultimately defeated, said in a text message to Marijuana Moment.

“I feel redeemed and excited that the effort went from ‘laughable’ to law!”

Photo courtesy of Gov. Albert Bryan’s office.

Patients suffering from a list of serious medical conditions including cancer, HIV/AIDS, Parkinson’s disease and chronic pain will be able to receive a recommendation for medical marijuana from a licensed medical practitioner. Qualifying residents can possess up to four ounces of cannabis at a time and possession for non-residents will be capped at three ounces.

The legislation was approved by lawmakers last month.

In an interview with The St. Thomas Source last year, Bryan said he supports legalizing medical cannabis “based on the proven health benefits in the relief of pain and treatment of symptoms for many serious ailments including cancer.”

“I believe a properly regulated medicinal cannabis industry can provide relief to those seeking alternatives to conventional medicine and can also be an economic driver attracting new revenues for the Virgin Islands,” he said.

Revenue from the territory’s medical cannabis program will be used to fund drug rehabilitation, tourism projects, agriculture investments, work training and infrastructure.

While reform efforts in mainland U.S. have been receiving significant attention, advocates are also scoring wins in various U.S. territories. For example, the Commonwealth of the Northern Mariana Islands fully legalized cannabis last year, before even implementing a medical cannabis system.

“This legislation also gives effect to a Virgin Islands community-wide Referendum held in 2014 that approved the introduction of the medical-use sale of cannabis products by a majority of the voters,” Bryan said. “Since the Referendum, it is clear that marijuana-use policy in the United States has been changing rapidly in favor of medicinal and recreational use and will continue, even potentially on the federal level.”

The governor also suggested that the new medical cannabis policy may be tweaked going forward.

“The Legislature recognized that the Bill, as passed, is not perfect and needs more refinement and amendment and provides for an implementation period that we must aggressively pursue,” he said. It is part of the process of implementation of the regulatory and operational system. And therefore it will be essential that further revisions be developed, with professional guidance, in the implementation process, including preparation of Regulations, forms, fees, and procedures; and to undertake necessary amendments to the Bill with the Legislature.”

Nelson, the bill’s sponsor, said that he is looking forward to staying involved in the medical cannabis implementation process but that he is also ready to begin pushing for broader marijuana policy reforms.

“I am ready to assist with the establishment of rules and regulations which will be the next step,” Nelson said. “However, each jurisdiction cannot be satisfied with our own success in getting local law changed, but must continue the charge until there are changes to federal government law.”

“This is just another small victory on the rugged road to full legalization.”

Read the full text of the Virgin Islands Medical Cannabis Patient Care Act below:

USVI medical marijuana bill by on Scribd

UPDATE: A previous version of this story reported that the legislation was signed on Thursday as told to Marijuana Moment by the bill’s sponsor, Sen. Nelson. The governor signed the bill on Saturday.

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Marijuana Descheduling Could Be ‘Next Step’ In Congressional Criminal Justice Reform

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Lawmakers in Congress are already weighing additional criminal justice bills as a follow up to recently passed sentencing reform legislation.

Reps. Hakeem Jeffries (D-NY) and Douglas Collins (R-GA), who championed the successful First Step Act signed into law by President Trump last month, are now considering introducing a bill that would clear the criminal records of people with nonviolent drug convictions that occurred before Congress reduced minimum sentencing requirements, The Washington Post reported on Thursday.

The legislation, which Collins is tentatively describing as the “Next Step Act,” is still in the early stages of being negotiated and drafted, would also restore people’s ability to get certain jobs after serving their sentences.

Jeffries, the fifth top ranking Democratic in the House, says that provisions removing marijuana from the Controlled Substances Act should be on the table for inclusion in the bill, and he is holding open the possibility that the minority party will get on board with the idea.

“Descheduling marijuana at the federal level shouldn’t actually be that controversial, and it’s consistent with Republican principles of states’ rights and federalism,” he told the Post.

Jeffries previously described cannabis decriminalization as the natural “next step” in criminal justice reform after the First Step Act passed.

“It’s great to see a member of this stature among House Democrats make this commitment,” Queen Adesuyi, policy coordinator with Drug Policy Alliance, told Marijuana Moment. “Jeffries is a long champion of marijuana reform and really gets how we cannot have a full conversation about criminal justice reform and economic justice without a conversation about ending marijuana prohibition in a way that centers those most harmed by its enforcement.”

“I’m excited to see what his office will do as they lead on these efforts.”

But while descheduling stands a good chance of passing in the Democratic-led House, it’s not certain that Jeffries’s GOP counterpart would attach his name to a criminal justice reform bill that includes significant cannabis policy changes. Collins would be “unlikely to support such a move,” the Post reported, citing a staffer.

And the prospects of passage in the Republican-controlled Senate are even more dubious.

Still, Jeffries is optimistic that lawmakers of all stripes could get behind descheduling.

“There’s a growing number of conservatives, libertarians and Republicans who are in agreement with Democrats, who believe that we should at least take a hard look at descheduling marijuana,” he said.

Descheduling would be one way to address conflicting federal and state marijuana policies—something that attorney general nominee William Barr said was necessary as more states legalize cannabis during a confirmation hearing this week.

As it stands, marijuana is a Schedule I drug under the Controlled Substances Act, the most restrictive category. In the past, there have been efforts to reschedule cannabis in order to make it easier for researchers to access and study, but those efforts have so far stalled.

Federal Officials Recognize How Marijuana’s Legal Status Blocks Research, Documents Show

Photo courtesy of Carlos Gracia.

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First Senate Marijuana Bill Of 2019 Would Force Study On Medical Cannabis For Veterans

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The first Senate marijuana bill of the new Congress focuses on increasing research on the medical benefits of cannabis for military veterans.

The legislation, introduced by Sens. Jon Tester (D-MT) and Dan Sullivan (R-AK) on Thursday, would direct the U.S. Department of Veteran Affairs (VA) to conduct clinical trials on the effectiveness of medical marijuana in the treatment of conditions common among military veterans.

While the new bill has the same title as a proposal the bipartisan duo filed during the last Congress, its language—which is not yet online but was obtained by Marijuana Moment—much more forcefully directs VA to begin researching medical cannabis than the earlier legislation did.

Whereas last year’s version simply said that the department “may conduct and support research relating to the efficacy and safety of forms of cannabis,” nothing in current federal law actually prevents it from doing so.

This latest version stipulates that the VA, which has been reluctant to engage in marijuana studies, “shall” begin conducting clinical trials on cannabis.

“The VA needs to listen to the growing number of veterans who have already found success in medicinal cannabis in easing their pain and other symptoms,” Tester, the ranking member on the Senate Veterans’ Affairs Committee, said in a press release. “Our bill will make sure the VA takes proactive steps to explore medicinal cannabis as a safe and effective alternative to opioids for veterans suffering from injuries or illness received in the line of duty.”

The proposed double-blind randomized controlled clinical trials are meant to cover the potential therapeutic applications of marijuana for post-traumatic stress disorder and chronic pain.

In particular, the department would have to study areas such as medical marijuana’s effect on opioid, benzodiazepine and alcohol consumption, as well as inflammation, sleep quality, spasticity, agitation, quality of life, mood, anxiety, social functioning, suicidal ideation and frequency of nightmares or night terrors.

Marijuana reform advocates praised the new legislation’s more forceful language as compared to the prior bill.

“The more assertive language is great improvement to this commonsense research bill that could ultimately help veterans with debilitating conditions,” Michael Liszewski, principal of The Enact Group, a lobbying and consulting firm that focuses on cannabis issues, told Marijuana Moment.

“The Department of Veterans Affairs already has the ability to conduct this research and the previous language would have let the Department continue to drag its heels,” he said. “It’s sort of like the difference between a parent telling their child ‘maybe you should clean up your room’ versus ‘you will clean up your room, now.'”

Sullivan said that he’s heard from many veteran constituents who are interested in finding an alternative to prescription painkillers for their pain.

“Many of our nation’s veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy,” he said in a press release.

During the last Congress, the Senate version of the legislation garnered six cosponsors, while 55 representatives ultimately signed onto the House version. The bill became the first standalone piece of marijuana legislation to clear a congressional panel when the House Veterans’ Affairs Committee approved it in May.

Nonetheless, VA leadership remained reluctant about engaging in marijuana research.

“VA is committed to researching and developing effective ways to help Veterans cope with post-traumatic stress disorder and chronic pain conditions,” VA Secretary David Shulkin wrote in a letter to lawmakers last year. “However, federal law restricts VA’s ability to conduct research involving medical marijuana, or to refer veterans to such projects.”

That isn’t true.

Meanwhile, top officials in the Trump administration have talked about pressuring the VA to conduct studies on medical marijuana for veterans, emails revealed, but they expressed concerns about how the Justice Department would react.

Read the full text of the new Senate veterans medical cannabis bill below:

Senate Veterans Medical Mar… by on Scribd

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