Joe Biden has selected Sen. Kamala Harris (D-CA) as his vice presidential running mate, the campaign announced on Tuesday.
The presumptive Democratic presidential nominee’s choice to join him on the ticket has evolved significantly on marijuana policy over her career. Though she coauthored an official voter guide argument opposing a California cannabis legalization measure as a prosecutor in 2010 and laughed in the face of a reporter who asked her about the issue in 2014, she went on to sponsor legislation to federally deschedule marijuana in 2019.
It remains to be seen whether she will push Biden in the same direction, as the former vice president has maintained opposition to ending marijuana prohibition despite supermajority support among Democrats.
While Harris, a former attorney general of California, made marijuana reform a major component of her criminal justice platform when she unsuccessfully ran in the 2020 Democratic presidential primary, she’s been less vocal about the issue since dropping out in December 2019.
Convincing Biden to come around seems like a steep task in any case. Some advocates suspect that the Democratic National Committee’s platform committee voted against an amendment to add legalization as a 2020 party plank specifically because it’s at odds with the presumptive nominee’s agenda. Biden has drawn the line at decriminalizing marijuana possession, expunging past convictions, modest federal rescheduling, medical cannabis legalization and letting states set their own policies.
But it remains the case that Harris is the chief Senate sponsor of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—a comprehensive piece of legalization legislation that includes various social equity and restorative justice provisions. Advocates will be watching to see if she continues to advocate for the reform move as she’s on-boarded to the Biden campaign.
The senator indicated in July that she doesn’t plan to push the presumptive presidential nominee on the issue.
Here’s a deeper look at where Harris stands on marijuana.
This piece was last updated on November 2, 2020 to include the candidate’s most recent statements and policy actions on marijuana.
Legislation And Policy Actions
As noted, Harris’s most notable contribution with respect to cannabis reform legislation is her sponsorship of the MORE Act.
“Times have changed—marijuana should not be a crime,” she said when introducing the bill. “We need to start regulating marijuana, and expunge marijuana convictions from the records of millions of Americans so they can get on with their lives.
The senator first came out in support of legalization in 2018, adding her name to a different far-reaching bill introduced by Sen. Cory Booker (D-NJ). The legislation, the Marijuana Justice Act, would remove cannabis from the list of federally banned substances and also penalize states where marijuana laws are enforced disproportionately against people of color. She also cosponsored the 2019 version of the bill.
The fact is, marijuana laws are not applied and enforced in the same way for all people. That’s why I've signed onto @CoryBooker’s Marijuana Justice Act to make marijuana legal at the federal level. It’s the smart thing to do. pic.twitter.com/JD5qqm0bfU
— Kamala Harris (@KamalaHarris) May 10, 2018
“Right now in this country people are being arrested, being prosecuted, and end up spending time in jail or prison all because of their use of a drug that otherwise should be considered legal,” she said in a press release. “Making marijuana legal at the federal level is the smart thing to do, it’s the right thing to do. I know this as a former prosecutor and I know it as a senator.”
The senator sponsored bills aimed at repairing land in California that’s been impacted by illicit cannabis grows and another piece of legislation that would protect people with drug convictions from losing public housing.
Harris also signed a letter alongside Sen. Orrin Hatch (R-UT) that called on the Justice Department to stop blocking federal research into medical cannabis. In a separate sign-on letter, she joined her colleagues in requesting that lawmakers include protections for legal cannabis states in a spending bill.
It is also worth noting that Harris touted her office’s drug enforcement actions on her website while running for reelection as San Francisco district attorney. One page said she “closed legal loopholes that were allowing drug dealers to escape prosecution,” and another bragged she “increased convictions of drug dealers from 56% in 2003 to 74% in 2006.”
Most Recent Comments And Actions
Harris stressed in August that there will be a “policy that is going to be about decriminalizing marijuana” in a Biden administration.
She also said the following month that the administration won’t be “half-steppin’” with “incrementalism” as far as criminal justice reform is concerned. That said, the senator stopped short of pledging marijuana legalization, saying they would only decriminalize cannabis and expunge prior records.
The senator has made a habit of raising the decriminalization and expungements pledge since joining the ticket with Biden.
In September 2020, she again made the pledge to enact that reform if the pair are elected.
At a vice presidential debate with Mike Pence, she made the same promise—though she seemed uneasy when she was attacked over her own drug enforcement record as a prosecutor.
Harris said in October 2020 that the administration would have “a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses.”
She similarly said that she has a “deal” with Biden to candidly share feedback on policy issues where they disagree, including on cannabis legalization.
At campaign events in Texas and Nevada, Harris reaffirmed that decriminalization would be a priority if the Democratic ticket is elected. She made the same comments in a recent interview, adding that the pair will be “making sure no one is put behind bars just because they’ve used drugs.”
During a Senate Judiciary Committee hearing in June, Harris discussed how a black man incarcerated over a marijuana offense died after contracting coronavirus. She stated that the case illustrated how “we have two systems of justice in America” based on race.
She and Rep. Hakeem Jeffries (D-NY) made a similar point in a letter to Attorney General William Barr that month.
Harris and two other senators wrote a letter to Senate Majority Leader Mitch McConnell (R-KY) in June, criticizing Republicans in the chamber for putting forth a policing reform bill that they argue is inadequate, in part because it does not ban no-knock raids in drug cases as House Democrats did in that chamber’s legislation.
The senator and 43 other members of Congress urged the Justice Department to investigate the death of 26-year-old black woman Breonna Taylor in a botched drug raid.
In September, Harris cited racial disparities in marijuana enforcement as an example of how there are effectively two separate systems of justice in the country for people of color and white people.
In April, she signed onto a letter to Senate leadership, imploring them to include language in coronavirus relief legislation that would allow marijuana businesses to access federal relief dollars just as companies in other industries can.
Marijuana small businesses employ more than 240,000 workers and should be allowed to access coronavirus relief funds too. My colleagues and I are pushing to ensure they’re not left out of Congress’s next relief package.
— Kamala Harris (@SenKamalaHarris) April 24, 2020
“Marijuana small businesses employ more than 240,000 workers and should be allowed to access coronavirus relief funds too,” she tweeted. “My colleagues and I are pushing to ensure they’re not left out of Congress’s next relief package.”
Also that month, Harris and 10 other senators sent a letter to leadership in a key committee asking that they add a provision allowing cannabis businesses to access federal loan services in spending legislation.
When the governor of Illinois issued pardons for more than 11,000 people with cannabis convictions the day before legal sales started, the senator said she applauded the decision.
I applaud Illinois’ leadership on this issue. Expunging non-violent marijuana-related offenses is the right thing to do.
Now let’s legalize marijuana at the federal level.https://t.co/7M4of9Aikg
— Kamala Harris (@KamalaHarris) January 4, 2020
“Expunging non-violent marijuana-related offenses is the right thing to do,” she said. “Now let’s legalize marijuana at the federal level.”
Harris joined a group of senators in December 2019 in pressing top federal drug and health agencies to provide an update on the status of efforts to increase the number of authorized marijuana manufacturers for research purposes.
Also that month, she and a bipartisan coalition of lawmakers sent a letter to the Justice Department, requesting a policy change allowing researchers to access marijuana from state-legal dispensaries to improve studies on the plant’s benefits and risks.
On the unofficial marijuana holiday 4/20, Harris tweeted that the Senate “must pass my Marijuana Opportunity Act to legalize marijuana at the federal level and expunge non-violent marijuana-related offenses from the records of the millions who’ve been arrested or incarcerated. Too many lives have been ruined by these regressive policies.”
The Senate must pass my Marijuana Opportunity Act to legalize marijuana at the federal level and expunge non-violent marijuana-related offenses from the records of the millions who’ve been arrested or incarcerated. Too many lives have been ruined by these regressive policies.
— Kamala Harris (@KamalaHarris) April 20, 2020
Using loaded war on drugs rhetoric, she called President Trump a “drug pusher” for promoting the use of hydroxychloroquine as a potential treatment for COVID-19.
On The Presidential Campaign Trail
During her own presidential run, Harris released a criminal justice plan that says “it is past time to end the failed war on drugs, and it begins with legalizing marijuana.”
It’s time to end mass incarceration.
This includes legalizing marijuana, sentencing reforms, and abolishing private prisons. With the addition of job training and education, these actions will reduce crime and help build healthy communities.
— Kamala Harris (@KamalaHarris) September 9, 2019
“It’s time to end mass incarceration,” she tweeted the same day. “This includes legalizing marijuana, sentencing reforms, and abolishing private prisons. With the addition of job training and education, these actions will reduce crime and help build healthy communities.”
After House Judiciary Chairman Jerrold Nadler (D-NY) announced a markup of the MORE Act in November, Harris wrote that the “War on Drugs was an abject failure” and that it’s “time to legalize marijuana and bring justice to people of color harmed by failed drug policies.”
The War on Drugs was an abject failure. It's time to legalize marijuana and bring justice to people of color harmed by failed drug policies.
— Kamala Harris (@SenKamalaHarris) November 18, 2019
“Grateful for [Nadler’s] partnership on this issue,” she said. “I look forward to getting our bill one step closer to becoming law.”
After the committee approved the legislation, Harris wrote, “Not only do we need to legalize marijuana at the federal level, but we have to do it right and bring justice to communities of color” and said the MORE Act would accomplish that.
Not only do we need to legalize marijuana at the federal level, but we have to do it right and bring justice to communities of color.
— Kamala Harris (@SenKamalaHarris) November 20, 2019
“Last week, my bill to legalize marijuana passed through House committee with bipartisan support,” she said. “I’ll say it again: we can’t legalize marijuana without addressing the injustices to people of color caused by the War on Drugs. My bill would do just that.”
Last week, my bill to legalize marijuana passed through House committee with bipartisan support.
I’ll say it again: we can't legalize marijuana without addressing the injustices to people of color caused by the War on Drugs. My bill would do just that.
— Kamala Harris (@SenKamalaHarris) November 26, 2019
Rep. Tulsi Gabbard (D-HI), another presidential candidate, criticized Harris’s prosecutorial record during a Democratic debate in August. In a follow-up interview, the senator evaded a question about the exchange, dismissing the critique by stating that “I’m obviously a top tier candidate and so I did expect that I would be on the stage and take hits tonight because there are a lot of people that are trying to make the stage for the next debate.”
The Bay Area News Group analyzed the marijuana prosecution record of Harris and said the findings demonstrate that her history “is more nuanced than those debate-stage confrontations indicate.”
Days after former Vice President Joe Biden, another presidential candidate, said he doesn’t support adult-use legalization because marijuana could be a gateway to more dangerous drugs, Harris tweeted “marijuana isn’t a gateway drug and should be legalized.”
Let's be clear: marijuana isn't a gateway drug and should be legalized. Glad to see my bill with Rep. Nadler take the next step in the House this week. https://t.co/d6BcMFlpYT
— Kamala Harris (@KamalaHarris) November 18, 2019
The candidate said that cannabis legalization is an example of an issue she’s changed her mind on over time during an interview with NowThis.
‘We all will rise or fall together.’ — Sen. @KamalaHarris talks her big middle-class tax cut, her evolving cannabis stance, and the ‘Star Wars’ actor that left her starstruck
Watch Harris answer all of our '20 Questions for 2020.' pic.twitter.com/C7gFgTh7Q1
— NowThis (@nowthisnews) July 9, 2019
“The whole war on drugs was a complete failure,” she said during an appearance on The Late Show with Stephen Colbert. “That approach is the gateway to America’s problem with mass incarceration.” She didn’t directly answer a question about what made her change her mind about cannabis reform from prior opposition to legalization, however.
“The criminalization of marijuana has been such a big part of what has fueled America’s system of mass incarceration,” she said.
‘The criminalization of marijuana has been such a big part of what has fueled America's system of mass incarceration’ — @KamalaHarris explains why she supports legalizing cannabis pic.twitter.com/kI8kuM0ld2
— NowThis (@nowthisnews) November 18, 2019
“There are thousands of people labeled felons for life for selling marijuana, while people out there are making a fortune from the marijuana industry,” the senator said. “This is an injustice, and as president, I’ll fix it.”
Prior to a House vote on legislation to protect banks that service cannabis businesses, Harris joined Senate Minority Leader Chuck Schumer (D-NY) and fellow presidential contenders Sens. Cory Booker (D-NJ) and Bernie Sanders (I-VT) in expressing concern about approving cannabis bills that would largely benefit the industry without first passing comprehensive legalization legislation.
I agree. We shouldn’t do this without addressing the reality that people of color are being shut out of the legal marijuana industry.
That means not only legalizing marijuana but also expunging criminal records and providing a path for people of color to enter the industry. https://t.co/M1Ri1iDKra
— Kamala Harris (@SenKamalaHarris) September 21, 2019
“We shouldn’t do this without addressing the reality that people of color are being shut out of the legal marijuana industry,” she said of the banking bill. “That means not only legalizing marijuana but also expunging criminal records and providing a path for people of color to enter the industry.”
Following the vote in favor of the legislation, Harris tweeted that the reform is “important, but it’s not enough” and that we “need to legalize marijuana at the federal level, expunge criminal records, and create paths for people of color to enter the legal marijuana industry.”
Last week, the House passed a bill to give marijuana businesses access to banking. That’s important, but it's not enough.
We need to legalize marijuana at the federal level, expunge criminal records, and create paths for people of color to enter the legal marijuana industry.
— Kamala Harris (@SenKamalaHarris) September 29, 2019
“We must ensure that as marijuana becomes a bigger business, we are committing ourselves to rebuilding communities that have been disproportionately targeted by failed drug policies and creating a diverse industry going forward,” she wrote in an op-ed for CNN. “If we fail to address a system that has historically been infected by racial bias, communities of color will continue to shoulder the devastating impacts of the past.”
“Times have changed. We must get smart on marijuana reform and give everyone the opportunity to reap the benefits that come from the legal marijuana industry,” she said.
After Illinois’s governor signed a marijuana legalization bill in June, Harris said she’s thankful that “states like Illinois are stepping up to correct the mistakes of our past” and that it’s “time to do the same at the federal level.”
Thankful states like Illinois are stepping up to correct the mistakes of our past. It’s time to do the same at the federal level. https://t.co/FHZuTYS8do
— Kamala Harris (@KamalaHarris) July 1, 2019
“As the marijuana industry continues to grow, there are people of color sitting behind bars for doing the exact same thing. It’s time we changed the system,” Harris said at a conference in April 2019, adding that those most impacted by the war on drugs should be prioritized when it comes to job opportunities in the legal industry.
As the marijuana industry continues to grow, there are people of color sitting behind bars for doing the exact same thing. It's time we changed the system. #SheThePeople2020 pic.twitter.com/7KotnCqihx
— Kamala Harris (@KamalaHarris) April 24, 2019
She also pledged to pardon some non-violent drug offenders if elected president.
“We have to have the courage to recognize that there are a lot of folks who have been incarcerated who should not have been incarcerated and are still in prison because they were convicted under draconian laws that have incarcerated them… for what is essentially a public health issue,” she said.
In November, Harris discussed the need for industry equity and joked about businesses claiming that rubbing CBD lotion all over one’s body is a cure-all.
The senator said that drug addiction should be treated as a health issue and “not in jails and prisons,” adding that people with prior cannabis convictions should be “first in line” to get jobs in the legal market.
Harris also said she would implement “mental health care on demand and drug treatment on demand.”
“As President of the United States, one of the things I will implement is that we have mental health care on demand and drug treatment on demand.”
— Women's March – Text VOTE to 44310 (@womensmarch) April 24, 2019
“Countless Americans have felt the devastating ramifications of the War on Drugs—millions still remain incarcerated to this day,” Harris said in March. “This is a matter of public health, drug addiction, and economic security. I’ll say it again as I did in 2008: it was a complete failure.”
Countless Americans have felt the devastating ramifications of the War on Drugs — millions still remain incarcerated to this day. This is a matter of public health, drug addiction, and economic security. I’ll say it again as I did in 2008: it was a complete failure. pic.twitter.com/WLjk5dMp1b
— Kamala Harris (@KamalaHarris) March 9, 2019
“Our justice system continues to target and imprison young Black and Latinx Americans at high levels due to outdated, unjust marijuana laws,” she wrote. “I’ve said it once and I’ll say it again: we must legalize marijuana across the country.”
Our justice system continues to target and imprison young Black and Latinx Americans at high levels due to outdated, unjust marijuana laws. I’ve said it once and I’ll say it again: we must legalize marijuana across the country.
— Kamala Harris (@KamalaHarris) April 26, 2019
She also discussed her views on marijuana and drug policy during a campaign stop in New Hampshire in July.
“We have to treat it as a public health issue, specifically on the issue of marijuana,” Harris said. “We incarcerated whole entire populations, in particular young men of color, for possessing marijuana, and they ended up being felons for life on an issue that was literally—if you look at it just in terms of the disparities in terms of who was arrested, who was incarcerated and who was abusing—it was just wrong.”
Previous Quotes And Social Media Posts
When then-Attorney General Jeff Sessions rescinded the Cole memo, which provided guidance on federal marijuana enforcement priorities, she said the Justice Department shouldn’t be focused on “going after grandma’s medicinal marijuana.”
California needs federal support in dealing with transnational criminal organizations. What we don’t need is Jeff Sessions going after grandma’s medicinal marijuana.
— Kamala Harris (@SenKamalaHarris) January 5, 2018
Sessions should be focusing on issues like transnational criminal organizations and investigating and prosecuting human trafficking, not going after Californians who are using recreational and medicinal marijuana.
— Kamala Harris (@KamalaHarris) January 8, 2018
“This administration and Jeff Sessions want to take us back to the dark ages,” Harris said at the Center for American Progress Ideas Conference in 2017. “Sessions has threatened that the United States Department of Justice may renew its focus on marijuana use even as states like California, where it is legal.”
“Well, let me tell you what California needs, Jeff Sessions,” she said. “We need support in dealing with transnational criminal organizations, dealing with issues like human trafficking—not going after grandma’s medicinal marijuana. Leave her alone.”
Harris hadn’t signed onto any marijuana reform legislation during the time she was going after Sessions. But she was using the battle to solicit signatures on a petition, a common tactic that politicians use to build email lists that they can later use for fundraising. Several House members pressured her and Sen. Dianne Feinstein (D-CA) to take stronger action by blocking Justice Department nominees until the Cole memo was restored.
The senator has repeatedly called for federal cannabis decriminalization, characterizing existing laws as “regressive policies” that have “ruined” many lives.
It’s time to decriminalize marijuana at the federal level. It’s time to stop repeating the same mistakes of the past.
— Kamala Harris (@KamalaHarris) April 20, 2018
Decriminalizing marijuana at the federal level isn’t just the smart thing to do, it’s also the right thing to do. We can’t keep repeating the same mistakes of the past. Too many lives have been ruined by these regressive policies.
— Kamala Harris (@KamalaHarris) August 14, 2018
“We need to decriminalize marijuana,” she said. “We have a problem of mass incarceration in our country. And let’s be clear, the war on drug was a failed war. It was misdirected.”
Decriminalizing marijuana at the federal level isn’t just a smart thing to do —it’s the right thing to do. We can’t keep repeating the same mistakes of the past. Too many lives have been ruined by these regressive policies.
— Kamala Harris (@KamalaHarris) December 11, 2018
She has also criticized the federal government for blocking military veterans’ access to medical cannabis.
“As states moves toward legalizing marijuana, let’s remember how many lives have been ruined because of our regressive policies,” Harris wrote. “We must focus on restorative justice.”
As states moves toward legalizing marijuana, let's remember how many lives have been ruined because of our regressive policies. We must focus on restorative justice.
— Kamala Harris (@KamalaHarris) December 11, 2018
In a 2017 interview with Rolling Stone, Harris said “I started my career as a baby prosecutor during the height of the crack epidemic—not all drugs are equal.”
“We have over-criminalized so many people, in particular poor youth and men of color, in communities across this country and we need to move it on the schedule,” she said. “Plus we need to start researching the effect of marijuana and we have not been able to do it because of where it is on the schedule.”
Harris congratulated Canada on its national legalization of marijuana in 2018.
Congratulations to Canada on moving forward with the legalization of marijuana. As the world moves forward, we can’t afford to keep making the same mistakes of the past — it’s time to legalize marijuana at the federal level.https://t.co/BnUKR2fErF
— Kamala Harris (@KamalaHarris) June 22, 2018
Curiously, however, Harris also has a habit of referring to the war on drugs in the past tense—as if it isn’t the case that hundreds of thousands of people in the U.S. are still being arrested for cannabis and other drugs every year.
The war on drugs was an abject failure which affects all of our communities, especially those struggling. We can’t turn the clock back. https://t.co/5b2fH4aBap
— Kamala Harris (@KamalaHarris) May 16, 2017
The war on drugs was a failure. It criminalized what is a public health matter. It was a war on poor communities more than anything.
— Kamala Harris (@KamalaHarris) April 21, 2017
“The war on drugs was a failure,” she said in 2017. “It criminalized what is a public health matter. It was a war on poor communities more than anything.”
She also accused Sessions of “resuscitating” the drug war.
During her time as a prosecutor, Harris said she “saw the war on drugs up close, and let me tell you, the war on drugs was an abject failure.”
“It offered taxpayers a bad return on investment, it was bad for public safety, it was bad for budgets and our economy, and it was bad for people of color and those struggling to make ends meet,” she said.
The fact is, the War on Drugs did not work.
— Kamala Harris (@SenKamalaHarris) May 16, 2017
“I’ll tell you what standing up for the people also means,” Harris said in 2015. “It means challenging the policy of mass incarceration by recognizing the war on drugs was a failure. And Democrats, on that point, let’s be clear also: now is the time to end the federal ban on medical marijuana. It is.”
During a speech announcing her presidential candidacy, Harris said, “Once and for all, we have got to call drug addiction what it is: a national, public health emergency. And what we don’t need is another war on drugs.”
Before Harris backed full legalization or federal decriminalization, she was supportive of rescheduling cannabis under the Controlled Substances Act. Asked about the policy in 2016, she said “I would work to remove marijuana from Schedule I to Schedule II.”
“We need to reform our criminal justice system and changing the marijuana classification and drug sentencing laws are part of that effort.”
At a debate that year, she predicted that California voters would approve full legalization via a ballot measure (which they did) and reiterated that “we have to do is move [marijuana] from Schedule I to Schedule II.”
“We have incarcerated a large number of predominantly African American and Latino men in this country for possession and use at a very small scale of one of the least dangerous drugs in the schedule,” she said.
It is worth noting that Harris did not publicly endorse California’s successful 2016 cannabis legalization ballot initiative, though it is unknown how she personally voted on the measure.
Two years earlier, Harris told BuzzFeed that while she wasn’t ready to back the idea of legalization, she was “not opposed” to it and that there was “a certain inevitability about it.”
“It would be easier for me to say, ‘Let’s legalize it, let’s move on,’ and everybody would be happy. I believe that would be irresponsible of me as the top cop,” she said. “The detail of these things matters… I don’t have any moral opposition to it or anything like that. Half my family’s from Jamaica.”
But amid an earlier attempt to legalize marijuana in California through a 2010 initiative that appeared on the same ballot as Harris’s candidacy for state attorney general, she called the measure a “flawed public policy.” Her campaign manager said she “supports the legal use of medicinal marijuana but does not support anything beyond that” and that she “believes that drug selling harms communities.”
She also co-authored an argument against the measure that appeared in the state’s official ballot guide, stating that legalization “seriously compromises the safety of our communities, roadways, and workplaces.”
During a speech at The Commonwealth Club in 2010, Harris scoffed at a question about cannabis reform and said “I’m not a proponent of that, but I know that there are a lot of people who are. It’s not my issue.” At the same event she spoke about prosecuting people for selling drugs, saying, “I don’t feel sorry for you and I’m not going to forgive you for committing a crime.”
Harris was then asked about legalizing marijuana. She laughed at the idea. pic.twitter.com/7DWpFonRd5
— Walker Bragman (@WalkerBragman) July 2, 2019
Later, during her stint as attorney general, Harris received criticism from some marijuana policy reform advocates for not doing more to push back against federal prosecutors’ crackdown against locally approved California medical cannabis dispensaries during the first term of the Obama administration, though she did send a series of letters on the topic and made some public statements.
“The federal government is ill-equipped to be the sole arbiter of whether an individual or group is acting within the bounds of California’s medical marijuana laws when cultivating marijuana for medical purposes,” she wrote in a letter to the state’s U.S. attorneys.
She also called on state lawmakers to clarify California’s medical cannabis laws in a separate letter, which argued that reforms might ward off further federal intervention. “Without a substantive change to existing law, these irreconcilable interpretations of the law, and the resulting uncertainty for law enforcement and seriously ill patients, will persist,” she wrote.
“Californians overwhelmingly support the compassionate use of medical marijuana for the ill. We should all be troubled, however, by the proliferation of gangs and criminal enterprises that seek to exploit this law by illegally cultivating and trafficking marijuana,” she said in a statement around the same time. “While there are definite ambiguities in state law that must be resolved either by the state legislature or the courts, an overly broad federal enforcement campaign will make it more difficult for legitimate patients to access physician-recommended medicine in California. I urge the federal authorities in the state to adhere to the United States Department of Justice’s stated policy and focus their enforcement efforts on ‘significant traffickers of illegal drugs.’”
An analysis by the Washington Free Beacon determined that at least 1,560 people were sent to California state prisons for marijuana-related offenses during Harris’s tenure as attorney general.
In a 2008 book, Harris argued that nonviolent crimes “exact a huge toll on America’s communities” and that it’s “important to fight all crime.”
Kamala Harris's 2008 book "Smart on Crime": "Nonviolent crimes exact a huge toll on America's communities…It's important to fight all crime. Drug crimes in particular exact a terrible toll and rob people young and old of hope." pic.twitter.com/cjeo71Mu0x
— Zaid Jilani (@ZaidJilani) July 5, 2019
“Drug crimes in particular exact a terrible toll and rob people young and old of hope,” she wrote.
Harris’s overall evolution on cannabis can be neatly summed up with two videos. The first shows her being asked about marijuana legalization in 2014 in light of her Republican opponent for attorney general supporting it. She dismissively laughs off the question.
The second shows Harris during a Senate Judiciary Committee confirmation hearing pressing President Donald Trump’s attorney general nominee, William Barr, on whether he’d use Justice Department funds to go after marijuana businesses acting in compliance with state law.
HARRIS: You do not intend to use fed resources to enforce fed marijuana law in states that have legalized?
BARR: “That’s right. But I think i’s incumbent on the Congress to make a decision as to whether we are going to have a federal system.” pic.twitter.com/owWekY9PqP
— Aaron Rupar (@atrupar) January 15, 2019
Harris even attempted to crack her own marijuana joke during a recent appearance on The Late Show with Stephen Colbert, though the late night host didn’t seem especially amused.
In her book, The Truths We Hold, she took her message in support of legalization a step further. Not only should we “legalize marijuana and regulate it,” but we should also “expunge nonviolent marijuana-related offenses from the records of millions of people who have been arrested and incarcerated so they can get on with their lives,” Harris wrote.
“We also need to stop treating drug addiction like a public safety crisis instead of what it is: a public health crisis,” she also wrote, suggesting she may be in favor of broader drug policy reforms. “When someone is suffering from addiction, their situation is made worse, not better, by involvement in the criminal justice system.”
It’s past time America legalized marijuana and regulated it. But when doing so, we need to expunge nonviolent marijuana-related offenses from the records of millions of people who have been arrested and incarcerated so they can get on with their lives.
— Kamala Harris (@KamalaHarris) January 10, 2019
Harris’s presidential campaign website hosts a petition to legalize marijuana.
Personal Experience With Marijuana
Harris revealed in a radio interview that she smoked marijuana in college while listening to Tupac and Snoop Dogg, saying, “It gives a lot of people joy, and we need more joy in the world.”
— The Breakfast Club (@breakfastclubam) February 11, 2019
But that admission sparked a small controversy, with several people pointing out that neither artist had released their debut albums prior to Harris graduating. She conceded in November that she “ definitely was not clear about what I was listening to” while consuming cannabis.
In a separate interview, the senator said that she knows people who have benefited from using medical cannabis.
Marijuana Under A Biden-Harris Administration
Both Harris and Biden have evolved their positions on cannabis over time. Harris, a former prosecutor who campaigned against legalization in her own state has become the lead sponsor of a bill to federally legalize marijuana. Biden, who authored punitive drug legislation during his time as a senator, now supports modest cannabis reforms such as decriminalization and rescheduling, though he continue to oppose legalization. If the Democratic ticket gets elected, it remains to be seen to what extent the new administration would prioritize drug policy reform efforts and whether Harris would seek to encourage Biden to get behind full legalization.
Photo element courtesy of California Attorney General’s Office.
DEA Finally Ready To End Federal Marijuana Research Monopoly, Agency Notifies Grower Applicants
The Drug Enforcement Administration (DEA) on Friday notified several companies that it is moving toward approving their applications to become federally authorized marijuana manufacturers for research purposes.
This is a significant development—and one of the first cannabis-related moves to come out of the Biden administration. There is currently a monopoly on federal cannabis cultivation, with the University of Mississippi having operated the only approved facility for the past half-century.
It was almost five years ago that DEA under President Barack Obama first announced that it was accepting applications for additional manufacturers. No approvals were made during the Trump administration. And the delay in getting acceptances has led to frustration—and in some cases, lawsuits—among applicants.
But on Friday, organizations including the Biopharmaceutical Research Company (BRC), Scottsdale Research Institute (SRI) and Groff NA Hemplex LLC were notified by the agency that their requests were conditionally accepted.
“DEA is nearing the end of its review of certain marijuana grower applications, thereby allowing it to soon register additional entities authorized to produce marijuana for research purposes,” DEA said. “Pending final approval, DEA has determined, based on currently available information, that a number of manufacturers’ applications to cultivate marijuana for research needs in the United States appears to be consistent with applicable legal standards and relevant laws. DEA has, therefore, provided a Memorandum of Agreement (MOA) to these manufacturers as the next step in the approval process.”
The Wall Street Journal first reported on the move, and it’s unclear just how many organizations have received a DEA communication so far.
Matt Zorn, who has represented SRI in a suit against DEA over the processing delays, told Marijuana Moment that the agency explained that it is “moving forward” with the facility’s application and that it appears to be “consistent with public interest” to give the institute the ability to grow marijuana for study purposes.
SRI’s Dr. Sue Sisley is in a process of completing a memorandum of agreement that DEA requested “so that it can be executed and official,” according to a press release.
BRC CEO George Hodgin said in another press release that after being finalized, “this federal license will forever change the trajectory of our business and the medicinal cannabis industry.”
“The DEA’s leadership will set off a nationwide wave of innovative cannabis-derived treatments, unlock valuable intellectual property and create high quality American jobs,” he said. “The BRC team is already familiar with DEA compliance procedures based on our extensive history of controlled substances activity, and our world class staff is ready to hit the ground running on this new business arm that the DEA has authorized.”
DEA said it has presented applicants that appear to meet legal requirements “with an MOA outlining the means by which the applicant and DEA will work together to facilitate the production, storage, packaging, and distribution of marijuana under the new regulations as well as other applicable legal standards and relevant laws.”
“To the extent these MOAs are finalized, DEA anticipates issuing DEA registrations to these manufacturers,” the agency said. “Each applicant will then be authorized to cultivate marijuana—up to its allotted quota—in support of the more than 575 DEA-licensed researchers across the nation.”
DEA said it “will continue to prioritize efforts to evaluate the remaining applications for registration and expects additional approvals in the future” and will publicly post information about approvals as they are finalized.
Following a 2019 suit against DEA by SRI, a court mandated that the agency take steps to process the cultivation license applications, and that legal challenge was dropped after DEA provided a status update.
That suit argued that the marijuana grown at the University of Mississippi is of poor quality, does not reflect the diversity of products available on the commercial market and is therefore inadequate for clinical studies.
That’s also a point that several policymakers have made, and it’s bolstered by research demonstrating that the federal government’s cannabis is genetically closer to hemp than marijuana that consumers can obtain in state-legal markets.
Last year, DEA finally unveiled a revised rule change proposal that it said was necessary to move forward with licensing approvals due to the high volume of applicants and to address potential complications related to international treaties to which the U.S. is a party.
SRI filed another suit against DEA in March, claiming that the agency used a “secret” document to justify its delay of approving manufacturer applications. And that was born out when the Justice Department Office of Legal Counsel document was released last year as part of a settlement in the case, revealing, among other things, that the agency feels that its current licensing structure for cannabis cultivation has been in violation of international treaties for decades.
Photo by Aphiwat chuangchoem.
Mississippi Supreme Court Overturns Medical Marijuana Legalization Ballot That Voters Approved
A voter-approved initiative to legalize medical marijuana in Mississippi has been overturned by the state Supreme Court.
On Friday, the court ruled in favor of a Mississippi mayor who filed a legal challenge against the 2020 measure, nullifying its certification by the Secretary of State. The lawsuit was unrelated to the merits of the reform proposal itself, but plaintiffs argued that the constitutional amendment violated procedural rules for placing measures on the ballot.
While the court acknowledged that a “strong, if not overwhelming, majority of voters of Mississippi approved Initiative 65” to legalize medical cannabis in the state, Madison Mayor Mary Hawkins Butler’s (R) petition was valid for statutory reasons.
Madison’s challenge cites a state law stipulating that “signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.
The secretary of state and other officials pushed back against the lawsuit and argued that a plain reading of the state Constitution makes it clear that the intention of the district-based requirement was to ensure that signatures were collected in a geographically dispersed manner—and the result of the campaign met that standard.
But in the court’s 6-3 ruling released on Friday, the justices said that their hands were tied. The legislature or administration might be able to fix the procedural ballot issue, but it had to follow the letter of the law.
“We find ourselves presented with the question squarely before us and nowhere to turn but to its answer,” the decision states. “Remaining mindful of both the November 3, 2020 election results and the clear language in section 273 seeking to preserve the right of the people to enact changes to their Constitution, we nonetheless must hold that the text of section 273 fails to account for the possibility that has become reality in Mississippi.”
In sum, a Census-driven change in the number of congressional districts in Mississippi “did, indeed, break section 273 so that, absent amendment, it no longer functions,” meaning there’s no legal way to pass a constitutional ballot initiative in the state.
“Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot-initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court.”
“We grant the petition, reverse the Secretary of State’s certification of Initiative 65, and hold that any subsequent proceedings on it are void,” the court ruled.
One justice who dissented said that the district-based requirement is arbitrary as it concerns Mississippi elections. While the federal government defines the state as having four congressional districts, the state Constitution “lays out the five districts,” and “there have been zero changes to the five districts” as far as the state’s laws are concerned.
In any case, this marks a major defeat for cannabis reform activists in the state who collected more than 214,000 signatures for their initiative. Sixty-eight percent of voters approved a general ballot question on whether to allow medical cannabis, and 74 percent signed off on advocates’ specific measure in a separate question.
“The Mississippi Supreme Court just overturned the will of the people of Mississippi,” Ken Newburger, executive director for the Mississippi Medical Marijuana Association, said in a press release. “Patients will now continue the suffering that so many Mississippians voted to end. The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people’s constitutional right.”
“It’s a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn’t matter,” he said.
Today the MS Supreme Court ruled against the state’s ballot initiative process, killing the medical marijuana program 74% of Mississippians voted to pass. This is devastating for not only patients, but voters as a whole. Below is our statement: https://t.co/jrDoJM3K16 pic.twitter.com/AR3xuId3xR
— Mississippi Medical Marijuana Association (@medmarijuanams) May 14, 2021
Under the voter-approved initiative, patients with debilitating medical issues would have been allowed to legally obtain marijuana after getting a doctor’s recommendation. The proposal included 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would have been able to possess up to 2.5 ounces of marijuana per 14-day period.
There was an attempt in the legislature to pass a bill to legalize medical marijuana in the event that the court overruled the voter-approved initiative, but it failed to be enacted by the session’s end.
The Mississippi State Department of Health told WJTV that it will cease work on developing medical cannabis regulations in light of the court ruling.
“However, the agency has certainly learned a lot in the process of putting together a successful medical marijuana program, and we stand ready to help the legislature if it creates a statutory program,” Liz Sharlot, director of the Office of Communications for the department, said.
This is the latest state Supreme Court setback to affect cannabis reform efforts.
Last month, the Florida Supreme Court dealt a critical blow to marijuana activists working to legalize marijuana in the state—killing an initiative that hundreds of thousands of voters have already signed and forcing them to start all over again if they want to make the 2022 ballot.
While a Nebraska campaign collected enough signatures to qualify a reform initiative in 2020, the state Supreme Court shut it down following a legal challenge. It determined that the measure violated the state’s single-subject rule, much to the disappointment of advocates.
In South Dakota, the fate of an adult-use legalization initiative that voters approved last November is also in the hands of the state’s Supreme Court, where a sheriff is challenging its constitutionality based on a single subject rule as well.
Opponents to a Montana marijuana legalization measure that was approved by voters have also filed lawsuits contesting the voter-approved initiative for procedural reasons, arguing that its allocation of revenue violates the state Constitution. While the state Supreme Court declined to hear the case last year, it did not rule on the merits and left the door open to pursuing the case in district and appeals court, which plaintiffs then pursued.
Read the Mississippi Supreme Court ruling on the medical cannabis initiative below:
Congressional Bill Filed To Protect Marijuana Consumers From Losing Public Housing
A congresswoman on Thursday reintroduced a bill that would allow people living in federally assisted housing to use marijuana in compliance with state law without fear of losing their homes.
As it stands, people living in public housing are prohibited from using controlled substances in those facilities regardless of state law, and landlords are able to evict such individuals. But the bill from Rep. Eleanor Holmes Norton (D-DC) would change that.
It would provide protections for people living in public housing or Section 8 housing from being displaced simply for using cannabis in states that have legalized it for medical or recreational purposes.
“Individuals living in federally assisted housing should not be denied admission, or fear eviction, for using a legal product,” Norton said on Thursday. “Adult use and/or medical marijuana is currently legal in 36 states and the District of Columbia, and over 90 percent of Americans support legalized medical marijuana.”
The legislation would also require the head of the Department of Housing and Urban Development (HUD) to enact regulations that restrict smoking marijuana at these properties in the same way that tobacco is handled.
“HUD, like DOJ, should not be allowed to enforce federal marijuana laws where states have taken action to legalize marijuana,” the congresswoman said, referring to a congressionally approved rider that prevents the Department of Justice from interfering with state medical cannabis laws.
Read my release for details: https://t.co/PnkbbmxOps
— Eleanor #DCStatehood Holmes Norton (@EleanorNorton) May 14, 2021
Norton filed earlier versions of the Marijuana in Federally Assisted Housing Parity Act in 2018 and 2019, but they did not receive hearings or votes.
In 2018, a Trump administration official said that she was working to resolve conflicting federal and state marijuana laws as it applies to residency in federally-subsidized housing, but it’s not clear what came of that effort.
Rep. Alexandria Ocasio-Cortez (D-NY) also raised the issue during a committee hearing in 2019, pressing former HUD Secretary Ben Carson on policies that cause public housing residents and their families to be evicted for committing low-level offenses such as marijuana possession.
She pointed to two specific HUD policies: the “one strike” rule, which allows property managers to evict people living in federally assisted housing if they engage in illicit drug use or other crimes, and the “no fault” rule, which stipulates that public housing residents can be evicted due to illicit drug use by other members of their household or guests—even if the resident was unaware of the activity.
Ocasio-Cortez and then-Sen. Kamala Harris (D-CA) also filed legislation that year that would protect people with low-level drug convictions from being denied access to or being evicted from public housing.
Sen. Jeff Merkley (D-OR) also introduced an affordable housing bill last year that included a provision to prevent landlords from evicting people over manufacturing marijuana extracts if they have a license to do so.
Read the text of the marijuana housing legislation below:
Photo courtesy of Martin Alonso.