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Where Presidential Candidate Elizabeth Warren Stands On Marijuana

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Sen. Elizabeth Warren (D-MA) announced on February 9, 2019 that she was running for the 2020 Democratic presidential nomination, and she suspended her campaign on March 5, 2020.

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.

This piece was last updated on March 6, 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

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 April 2019 as well as an earlier version in June 2018. 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 several 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.

A more recent bill from House Judiciary Chairman Jerry Nadler (D-NY) and Sen. Kamala Harris (D-CA) that would deschedule cannabis and reinvest in communities disproportionately impacted by prohibition also received her cosponsorship.

Warren also signed onto a marijuana descheduling bill introduced by Sen. Chuck Schumer (D-NY) this Congress and last.

During the 115th Congress, she cosponsored legislation to encourage the Department of Veterans Affairs (VA) to conduct research into the therapeutic potential of cannabis for veterans.

In 2019, Warren signed onto stronger legislation that would require VA to study medical cannabis.

She also teamed up with Gardner in December 2019 to introduce bills aimed at protecting military veterans and immigrants from being punished for working at state-legal cannabis businesses.

“Veterans have sacrificed so much for us,” she said of the legislation. “But our outdated federal marijuana laws prevent vets who work in their state’s legal cannabis industry from getting a VA-backed home loan to realize the dream of homeownership. I have a bipartisan bill for that.”

Additionally, she co-sponsored three bills aimed at providing banking access to marijuana businesses: the SAFE Banking Act in 2017 and 2019 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.

The senator led a letter directed to the DEA in December 2019, demanding an update on the agency’s efforts to increase the number of federally authorized cannabis manufacturers for research purposes. The letter also inquired about the prospects of rescheduling the plant.

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.

On The Campaign Trail

In February, 2020, Warren released a detailed marijuana-focused plan that includes promises to begin the federal cannabis legalization within 100 days of taking office, involve communities harmed by the drug war in the marijuana industry, respect other nations’s drug laws and allow Washington, D.C. to enact legal sales.

Warren’s earlier criminal justice reform plan, which was released in August 2019, calls for the legalization of cannabis and safe injection facilities where people can use illicit drugs in a medically supervised environment.

She has pledged to deschedule cannabis through executive action if elected.

The candidate released a plan for veterans in November 2019 that emphasizes her support for “legislation to study the use of medical cannabis to treat veterans as an alternative to opioids, because we need to pursue all evidence-based opportunities for treatment and response.”

She also issued a plan for Native Americans that calls for tribal marijuana programs to be protected against federal intervention, and later cited her cannabis reform work in a lengthy letter responding to ongoing criticism from tribal members about how she has characterized her own heritage.

During a Democratic debate in February, she said that rival candidate Pete Buttigieg did not adequately explain racial disparities in marijuana arrests that took place during his time as mayor of South Bend, Indiana.

“You have to own up to the facts. And it’s important to own up to the facts about how race has totally permeated our criminal justice system,” she said. “We need to rework our criminal justice system from the front end on what we make illegal all the way through the system and how we help people come back into the community.”

At a campaign stop in Iowa in March, 2019, Warren said that “it’s just time to legalize [marijuana] nationally.”

After President Donald Trump’s former campaign manager Paul Manafort was sentenced to 47 months in prison for bank and tax fraud, Warren compared it to a case of a homeless man receiving a life sentence over $20 worth of cannabis.

“The words above the Supreme Court say ‘Equal Justice Under Law’—when will we start acting like it?” she wrote.

Warren criticized a budget proposal from Trump that would revoke current protections for state medical cannabis laws.

Warren touted endorsements for her STATES Act from the governors of Massachusetts, California and other states, writing that her legislation is “long overdue.”

“Our federal marijuana laws perpetuate our broken criminal justice system, impede research, restrict veterans’ access & hinder economic development,” Warren said. “Marijuana should be legalized, & I’ll work with anyone – GOP, Dem, Independent, Libertarian, vegetarian – to push for these reforms.”

“Let’s be clear: Our government criminalizes too many things and sends too many people to jail,” she said in November, including marijuana legalization in a list of policies she’ll push for.

Warren discussed racial disparities in marijuana law enforcement at a CNN town hall event in April and took a question from a voter who challenged her on the fact that she hasn’t always supported cannabis reform.

“I supported Massachusetts changing its laws on marijuana,” she said, setting aside the fact that she did not actually endorse several cannabis measures her state’s voters approved over the years. “Massachusetts had decriminalized at that point and I thought it made a lot more sense for Massachusetts to go ahead and legalize marijuana, and I now support the legalization of marijuana.”

In December 2019, a top aide on Warren’s campaign told Marijuana Moment that a claim being circulated that her team rejected a job applicant over a cannabis offense was false.

Ahead of a National Cannabis Industry Association conference in Boston in January 2020, Warren sent a letter welcoming the group to her home state.

The senator told America Quarterly that Latin American countries legalizing marijuana or other drugs would not undermine U.S. interests

“The ‘War on Drugs’ has criminalized addiction, destabilized the region, and failed to significantly curb violent effects of the drug trade. It has not made us safer,” she said. “I support the legalization of marijuana. It’s time for a new approach that emphasizes evidence-based treatment while reducing and preventing criminal violence.”

The senator contributed an essay for a publication on criminal justice issues that touches on broader reforms she wants to enact.

“We should legalize marijuana and wipe clean the records of those who have been unjustly jailed for minor marijuana crimes; end private prisons and the profit incentives that pervert the goal of our justice system; provide more help for people struggling with domestic abuse, substance use disorders, and mental illness; and end the practice of branding the formerly incarcerated with a scarlet letter that closes doors to education, employment, and opportunity,” she wrote.

Previous 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?”

In another campaign stop Warren said she “voted in favor of legalizing marijuana in Massachusetts” and that she believes “we should legalize it nationally.”

Warren’s 2018 Senate reelection website included a marijuana petition as a list-building tactic.

“Our current marijuana policies are unjust and they don’t make sense. That’s why I’m fighting for reform,” it says. “Add your name to join the fight.”

Her current presidential campaign website highlights her work on marijuana in a few places.

One page meant to push back against the idea that she is “too partisan to get things done” touts her “bipartisan bill to end the federal ban on marijuana – allowing states, territories, and tribes to set their own policies on legalization, decriminalization, and medical marijuana.”

“There’s a lot more to do to reform our marijuana laws, but letting states make their own choices would be a powerfully important start – and it’s something Democrats and Republicans agree on,” the site says.

Another page addressing issues related to her heritage and criticisms of how she has framed it cites Warren’s legislation as a way to “ensure that our country’s cannabis policies don’t leave Indian Country behind.”

“For many Native tribes, cannabis represents an important opportunity for economic development, and for some it has cultural or medicinal importance,” the site says. “Elizabeth introduced the STATES Act with Colorado Republican Senator Cory Gardner to safeguard the ability of states, territories, and tribes to decide how to enforce their own marijuana policies. The STATES Act – and especially its important tribal provisions – has received strong support from Indian Country.”

Another page says that “it’s not equal justice when a kid with an ounce of pot can get thrown in jail while a bank executive who launders money for a drug cartel can get a bonus.”

“We need criminal justice reform and we need it now,” the site says. “That means ending racial disparities in our justice system. It means banning private prisons. It means embracing community policing and demilitarizing our local police forces. It means comprehensive sentencing reform and rewriting our laws to decriminalize marijuana.”

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

In 2003, Warren suggested that the profits in tax revenue from legal marijuana could be outweighed by the consequences, writing in a book that “drug addiction, health problems, traffic accidents, and so forth” represent the “downside of marijuana.”

The candidate 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.”

In 2011, Warren voiced opposition to marijuana legalization for recreational purposes, stating that medical cannabis “is one thing,” but she’s not “generally” supportive of broader reform.

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 a 2018 interview 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’

Photo element courtesy of Gage Skidmore.

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

New York Legal Marijuana Push ‘Effectively Over’ For 2020, Governor Says

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New York Gov. Andrew Cuomo (D) conceded on Saturday that it’s unlikely marijuana will be legalized in the state this year.

“Marijuana and the gig economy were two of the more complicated initiatives that we wanted to work through that we didn’t get a chance to do,” he said in response to a question about which policy issues he would’ve liked to tackle in the annual budget bill that passed this week.

“Is the session effectively over? It’s up to the legislature, but I think it’s fair to say it’s effectively over,” he added, noting that several state lawmakers have been infected with coronavirus.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo elements courtesy of Metropolitan Transportation Authority and Carlos Gracia.

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.
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Congresswoman Wants Ban On DC Marijuana Sales Lifted Through Coronavirus Legislation

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A congresswoman is calling on the government to end a policy prohibiting Washington, D.C. from legal marijuana sales, arguing that the jurisdiction is in particular need of tax revenue from cannabis commerce due to the coronavirus outbreak.

Rep. Eleanor Holmes Norton (D-DC) has repeatedly condemned the congressional rider barring the District of Columbia from allowing retail sales that has been extended each year since 2014, shortly after local voters approved a ballot measure to legalize low-level possession and home cultivation. But given the need for resources to combat the pandemic, she said a reversal of the provision should be included in the next COVID-related relief bill.

“At this moment of unparalleled need, D.C. should be able to collect tax revenue from all available sources, like every other jurisdiction, including from recreational marijuana, which is believed to be widely used in the District,” the congresswoman said in a press release on Friday, adding that D.C. was shorted in the last stimulus because Congress treated it as a territory rather than a state.

“While I am working for a retroactive fix in the next coronavirus bill, it is imperative that Congress also repeal the D.C. recreational marijuana commercialization rider in the next bill to help D.C. shore up its finances,” she said. “It is beyond unreasonable that congressional interference keeps only the District from commercializing recreational marijuana, while all other jurisdictions are free to do so.”

“Bringing the District in line with other jurisdictions would create a critical source of tax revenue in our time of need.”

Last year, the House approved an appropriations bill that excluded the D.C. rider, but it was included in the Senate version and ultimately made its way into the final package that the president signed. The cannabis commerce ban was also included in President Trump’s budget proposal earlier this year.

“True to form, Representative Eleanor Holmes Norton continues to be one of the best allies to the cannabis reform movement,” Justin Strekal, political director for NORML, told Marijuana Moment. “During this unprecedented COVID-19 outbreak, it is critical that lawmakers analyze and reform any and every aspect of public policy to mitigate the health crisis and build a foundation for a strong recovery.”

“As the majority of states that regulate cannabis have deemed the industry essential to the continued functioning of their jurisdictions, the continued congressional prohibition of the District of Columbia enacting it’s own adult-use program becomes even more ridiculous,” he added.

Norton, in an interview about her push, said that the congressionally mandated prohibition on sales doesn’t prevent people from accessing cannabis but does block the city from collecting tax revenue.

“You can buy two ounces but, by the way you’ve got to do that on the black market,” she told WUSA-TV. “But there’s nobody to tax it. And I’m simply trying to get the taxes the District is due for merchandise, in this case marijuana that’s being consumed readily in the District of Columbia.”

Legislative priorities for Congress have shifted significantly as lawmakers attempt to address the outbreak, and that’s meant putting some reform efforts on hold. However, the issue isn’t being ignored entirely, and it’s possible that other members may look to attach modest marijuana proposals to additional coronavirus legislation.

For example, Rep. Katherine Clark (D-MA) said this week that U.S. Department of Veterans Affairs policy preventing its doctors from recommending medical cannabis in legal states puts service members at risk in Massachusetts because the state is shuttering recreational shops (but not medical dispensaries) and some veterans fear registering as patients out of concern that they could lose federal benefits.

Eleven senators wrote a letter to Appropriations Committee leadership asking that they allow small cannabis businesses to access federal loans and disaster relief programs. While the lawmakers said it should be enacted through an annual spending bill, advocates have argued that the policy change should be pursued through coronavirus legislation since these businesses are facing challenges just like those experienced by many other companies during the pandemic.

Eleven Senators Push To Let Marijuana Businesses Access Federal Loan Programs

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North Dakota Activists Say Marijuana Legalization Initiative Unlikely In 2020 Due To Coronavirus

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North Dakota activists announced on Thursday that they are suspending their campaign put marijuana legalization on the November ballot due to the coronavirus outbreak.

In a Facebook post, Legalize ND said “we are going to have to face a few hard realities going forward” as businesses are shuttering, public events are being cancelled and individuals are encouraged to shelter in place. The pandemic means in-person signature gathering can’t take place, and the state does not allow for alternative signing options such as by mail or online.

“Due to the virus all of our major avenues for signature collection have been cancelled or indefinitely postponed, and going door to door is not safe for both those knocking and those getting knocked,” the group said. “Businesses will continue to collect, but we don’t want to create another vector for the coronavirus. As a result, at this time if something major doesn’t change we will not be able to make the 2020 ballot.”

Legalize ND said there’s no way for state policies related to signature gathering to be changed ahead of the November election. They needed to collect 13,452 valid signatures from voters before July 6 in order to qualify. In all likelihood, the campaign said it would have to shift its focus to the July 2022 primary election.

“This isn’t the solution we want, but given the situation it is what will have to happen,” the post states. “Stay safe, and hopefully we can make a major push when the quarantine ends.”

The proposed initiative would allow individuals to purchase and possess up to two ounces of cannabis. Unlike a much more far-reaching measure the same group pushed in 2018 that included no possession or cultivation limits, which voters rejected, this version would prohibit home growing, impose a 10 percent excise tax and establish a regulatory body to approve licenses for marijuana businesses.

North Dakota voters approved a medical cannabis initiative in 2016.

The coronavirus outbreak has dealt several blows to drug policy reform efforts in recent weeks.

California activists for campaigns to amend the state’s legal cannabis program and legalize psilocybin mushrooms are asking for a digital signature option.

Likewise in Washington, D.C., advocates for a measure to decriminalize psychedelics asked the mayor and local lawmakers to accept online signatures for their ballot petition.

An effort to legalize medical cannabis in Nebraska is facing similar signature gathering challenges. A campaign to legalize cannabis in Missouri is also in jeopardy.

In Oregon, advocates for a measure to decriminalize drug possession and a separate initiative to legalize psilocybin for therapeutic purposes have suspended in-person campaign events amid the pandemic.

In New York, Gov. Andrew Cuomo (D) recently conceded that legalization was “not likely” going to happen through the budget, as he hoped. Coronavirus shifted legislative priorities, and comprehensive cannabis reform seems to have proved too complicated an issue in the short-term.

Idaho activists announced on Thursday that they are suspending their campaign, though they are still “focusing on distributing petitions through online download at IdahoCann.co and encouraging every volunteer who has downloaded a petition to get them turned in to their county clerk’s office by mail, regardless of how many signatures they have collected.”

Finally, in Arizona, a legalization campaign is petitioning the state Supreme Court to instruct the secretary of state to allow individuals to sign ballot petitions digitally using an existing electronic system that is reserved for individual individual candidates seeking public office.

Virginia Groups Push Governor To Amend Marijuana Decriminalization Bill On His Desk

Photo courtesy of Philip Steffan.

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.
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