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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 Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer

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“These aren’t just numbers and there are families attached.”

By Ned Oliver, Virginia Mercury

Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.

The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.

Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.

The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.

Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.

The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.

“As of right now, the process is proceeding,” he said.

Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.

Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.

They said it remains unknown how many more are being held because of marijuana related probation violations.

“These aren’t just numbers and there are families attached,” Burger said.

This story was first published by Virginia Mercury,

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DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone

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The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.

In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.

DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.

It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.

LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.

Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.

Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:

For all other THC, psilocybin, psilocyn and MDMA:

And for other psychedelic substances like LSD, mescaline and DMT:

DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.

“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.

“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”

Here are the exact numbers for the proposed 2021 and 2022 quotas:

Substance 2021
2022 proposed
Marijuana 2,000,000 3,200,000
Marijuana extract 500,000 1,000,000
All other tetrahydrocannabinol 1,000 2,000
Psilocybin 1,500 3,000
Psilocyn 1,000 2,000
MDMA 50 3,200
LSD 40 500
Mescaline 25 100
DMT 50 250
5-MeO-DMT 35 550
MDA 55 200

A 30-day public comment period will be open after the notice is formally published on Monday.

It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.

National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.

Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.

Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.

Singer Melissa Etheridge And Activist Van Jones Promote Psychedelics Reform As Movement Grows

Image element courtesy of Kristie Gianopulos.

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Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred

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The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.

The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.

Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.

Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.

But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.

“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”

That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.

“If they don’t respond, they lose,” Goldfein said.

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—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.

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.

If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened 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.

Florida Democratic Candidates For Governor Fight Over Who Supports Marijuana Reform The Most

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