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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?”

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:

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’

Photo elements courtesy of Pixabay and NorthEndWaterFront.com.

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

Pennsylvania Senators Release Details On Marijuana Legalization Bill

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Details of a soon-to-be introduced bill that would legalize marijuana in Pennsylvania were released on Monday.

The legislation, which is being sponsored by Sens. Daylin Leach (D) and Sharif Street (D), places an emphasis on not only legalizing cannabis for adult use but also implementing a variety of social equity and small business-focused provisions, according to an outline of the proposal.

Under the heading “Innovation,” the document details how the state’s medical cannabis seed-to-sale tracking system would be eliminated, home delivery and public consumption sites would be permitted and universities would be allowed to grow and process cannabis as part of classes on the marijuana industry.

Home cultivation of up to six cannabis plants per household would also be allowed.

While the tax rate for retail marijuana sales is not specified in the outline, and the formal legislative language has not yet been filed, the goal will be to set a rate that “balances the need to undermine any illegal market and the needs to both pay for regulation of the industry and invest in those harmed by prohibition.” Most of the revenue from those taxes will go toward funding public education programs.

“We’ve had a cruel, irrational and expensive policy on cannabis for more than 80 years,” Leach said in a press release. “Prohibition has destroyed countless lives and has cost our taxpayers millions of dollars. It’s time we walk into the bright sunshine of enlightenment and stop arresting our kids and funding violent drug cartels.”

“This will be a tough battle, but so was passing medical marijuana. We did that, and we will do this. The stakes are too high for us to fail.”

On the business side of things, there wouldn’t be a cap on the number of marijuana business licenses that could be approved. Micro licenses for cannabis cultivation would be available in a three-tier system, which is meant to help people from communities that have been disproportionately impacted by the drug war participate in the legal industry.

According to a cosponsorship memo, the legislation would create a “statewide cannabis business incubator that provides free training to Pennsylvanians who want to learn how to start and run a cannabis business.” People who’ve been harmed by prohibition and complete the incubator program would also have access to state grants and low-interest capital loans.

“An end to the prohibition of cannabis is overdue,” Street said. “It is time for us to join the emerging cannabis economy with the legalization of the Adult Use of Cannabis in PA., which should not be a crime when responsibly used by adults nor mandate medical oversight.”

“The economic imperatives are too great. We also have a moral mandate to correct the damage that disparate enforcement of our Marijuana Laws has done and is still doing to communities across the commonwealth.”

A separate bill to legalize marijuana in the state was introduced in the House last month. It currently has 27 cosponsors. It remains to be seen whether such legislation has enough support to pass in either Republican-controlled chamber of the legislature.

That said, Gov. Tom Wolf (D) recently shifted from saying the state is not ready for legalization to arguing that “it is time for Pennsylvania to take a serious and honest look at recreational marijuana.”

In the meantime, Lieutenant Gov. John Fetterman (D), who is vocally supportive of legalization and was endorsed by NORML in his election bid last year, is in the process of visiting all of the state’s 67 counties as part of a listening tour that’s meant to collect public input on marijuana reform.

“Cannabis prohibition was built on lies and racism and has resulted in literally hundreds of thousands of Pennsylvanians suffering criminal convictions merely because they chose a plant instead of an alcoholic beverage,” Pittsburgh NORML executive director Patrick Nightingale said in the press release. “Adult-use reform will save almost 20,000 Pennsylvanians from arrest and prosecution annually. Reform will also help affected Pennsylvanians expunge cannabis-related offenses from their record.”

“We are confident that an open and honest conversation about the risks and rewards of adult-use reform will help those critical of legalization to understand that it can be done responsibly and in a manner that protects our youth and our motorists,” he said.

Pennsylvania Governor Announces Statewide Marijuana Legalization Listening Tour

Photo courtesy of Mike Latimer.

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Trump Budget Proposes Loosening DC Marijuana Legalization Restrictions

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A budget request released by the White House on Monday proposes scaling back restrictive language that has prevented the city of Washington, D.C. from spending its own money to legalize and regulate the sale of recreational marijuana.

While District of Columbia voters approved a ballot measure in 2014 that makes it legal to possess and grow small amounts of cannabis, there is no mechanism by which consumers can legally buy marijuana in the nation’s capital (outside of medical cannabis dispensaries that only serve registered patients). That’s because although D.C. councilmembers and Mayor Muriel Bowser (D) would like to add in a legal sales component, longstanding congressional appropriations riders have blocked them from doing so.

In 2017, Congress tightened up the ban even further, taking away a potential loophole that city leaders had considered using to support a commercial legalization system.

But President Trump’s Fiscal Year 2020 budget request asks Congress to revert to an earlier, less-restrictive version of the language that leaves the workaround on the table as an option.

The relevant section of the new document reads:

“SEC. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

“(b) None of the funds contained in this Act may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.”

Two years ago, Congress changed that second subsection to instead bar use of funds “available for obligation or expenditure by the District of Columbia government under any authority” to lower penalties for cannabis.

The reason that matters is because under the “none of the funds contained in this Act” version, the city would still be able to use separate contingency reserve funds to pay for legalization even while monies contained in the annual appropriations legislation would be restricted.

It’s unclear if White House officials consciously made the change to the earlier, less-restrictive version or if staffers inadvertently did so by simply copying and pasting language from prior budgets. Trump’s FY19 request made the same proposed change, but Congress, through a series of continuing resolutions and omnibus appropriations legislation, has extended the more expansive “under any authority” language through at least this September.

The House and Senate Appropriations Committees will soon begin crafting their own spending bills for FY20, and legalization advocates expect that the new House Democratic majority will propose removing all restrictions on D.C.’s ability to spend its own money on cannabis policy changes and implementation.

Trump’s new budget request also proposes cutting funding for the White House Office of National Drug Control Policy—commonly referred to as the drug czar’s office—by more than 93 percent by moving its key projects, the High Intensity Drug Trafficking Areas and Drug-Free Communities programs, to the Department of Justice and the Substance Abuse and Mental Health Services Administration, respectively.

Trump’s FY2019 request made a similar request, but it was rejected by Congress.

The president’s new budget document also proposes continuing a congressionally approved provision that prevents the federal government from interfering with state industrial hemp research programs:

“SEC. 711. None of the funds made available by this Act or any other Act may be used—

“(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or

“(2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.”

But it does not contain a current rider that protects state medical cannabis laws from Justice Department interference. Trump’s previous annual budget also did not include it. President Obama, following the measure’s initial enactment in 2014, requested its deletion in his subsequent budgets, but Congress has continued to extend it through at least the current fiscal year.

Trump Issues Signing Statement On Medical Marijuana Provision Of Funding Bill

Photo courtesy of YouTube/The White House.

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Cory Booker Appears To Call Out Kamala Harris’s Marijuana Jokes

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Sen. Cory Booker (D-NJ) explained why marijuana legalization is no laughing matter on Sunday and seemed to take a dig at Sen. Kamala Harris (D-CA) over the way she lightheartedly admitted to smoking cannabis in college.

During a campaign stop in Iowa, the 2020 Democratic presidential candidate was asked where marijuana fits in his criminal justice agenda. Booker emphasized that “a lot of people have a very different perspective on marijuana than I do.”

His next comment appeared to be a veiled criticism of Harris, a rival presidential candidate, who spoke about her personal experience with cannabis and relatively newfound support for legalization on a radio program last month.

“We have presidential candidates and congresspeople and senators that now talk about their marijuana use almost as if it’s funny,” he said. “But meanwhile, in 2017, we had more arrests for marijuana possession in this country than all the violent crime arrests combined.”

While Booker didn’t call Harris out by name, her recent admission—which was followed by a light back-and-forth about what kind of music she listened to when smoking—garnered dozens of headlines and also some backlash (including from her own father). “Half my family is from Jamaica,” she said at the time, laughing. “Are you kidding me?”

Watch Booker’s marijuana comments, about 37:40 into the video below:

(Sen. Bernie Sanders (I-VT) also recently talked about his cannabis experience, but the conversation wasn’t as humorous in comparison and received significantly less media coverage.)

Booker’s jab may offer a window into future Democratic presidential debates, with support for legalization increasingly being seen as the bare minimum requirement on the issue and candidates competing to address its implementation more thoughtfully.

It could also be an early sign that Harris’s record as a prosecutor who oversaw the sentencing of people for nonviolent drug offenses is a vulnerability that Booker and other candidates may seek to exploit before the Democratic electorate, which overwhelmingly supports legalizing marijuana.

Harris’s giggle-filled admission of her past cannabis consumption in the February radio interview wasn’t the first time she treated the marijuana issue as a laughing matter.

In 2014, she dismissively laughed off a reporter’s question about legalization instead of providing a substantive response on her position.

Harris also made an attempt at a cannabis joke in a January appearance on Stephen Colbert’s show, saying that the reason she looks so happy on the cover of her book is “not because I smoked a joint or anything, even though we legalized.”

In his comments on Sunday, Booker spoke about marijuana for several minutes, noting the racially disproportionate arrest rate for cannabis possession and the long-term consequences of having a non-violent drug conviction on a person’s record.

“In Newark, I’m sorry, the margins for error for my kids to experiment with drugs, like people often do, that margin is not there,” he said. “And then one kid gets one charge for possession of marijuana for doing things that two of the last three presidents admitted to doing, and what happens to their lives?”

There are tens of thousands of “collateral consequences” of drug arrests and convictions, he said, ranging from ineligibility for public housing to lost employment opportunities.

“So I’m all for legalizing marijuana. I have the premiere bill in the Senate to do it,” Booker said. “But you know what my bill says? It doesn’t say just that we should deregulate marijuana on the federal level, we should make it legal and let the states do what they want. But it doesn’t stop there, because do not talk to me about legalizing marijuana unless in the same breath you talk to me about expunging the records of the millions of people that are suffering with not being able to find a job.”

“And then on top of that, people who are in prison should be able to petition their way out under the new laws. And more than that, all of this tax revenue that we’re going to get from marijuana should be reinvested in those communities that have been disproportionately targeted by the war on drugs—for education, for drug treatment, for job training programs.”

Booker also talked about an issue that his legislation doesn’t directly address: equity in the marijuana industry. He said he gets “very upset about” about the fact that communities historically targeted by the war on drugs are largely left out of opportunities to participate in the increasingly legal cannabis economy.

“We need to start talking about what I call restorative justice in our system and make sure that when we look at our laws, we create commonsense laws because right now we are spending billions of dollars in this drug war, with this money that could go to infrastructure, it could go to education, it could go to so many more positive things than warehousing human potential in the country that is the leading nation for incarceration when we should be the leading nation for education,” he said.

Kamala Harris Tries To Tell A Marijuana Joke, But Stephen Colbert Isn’t Amused

Photo courtesy of Facebook/ABC News.

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