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Why Pro-Legalization Cory Booker Isn’t Cosponsoring The New Marijuana Bill

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Sen. Cory Booker (D-NJ) is in presidential campaign mode, and he’s made marijuana reform a critical tenet of his platform. So why isn’t he cosponsoring new bipartisan legislation to shield legal cannabis states from federal intervention that was introduced in Congress last week?

The senator signed on to an earlier version of the bill that was filed last year. And he’s repeatedly said that states should be granted the autonomy to set their own marijuana policies. That would be accomplished under the proposed bill, yet he declined to add his name as an original cosponsor of the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act.

The reasoning behind his decision was unclear until Tuesday, when Booker told VICE’s Matt Laslo that he’s withholding his support because the bill doesn’t go far enough in terms of repairing the racially disproportionate harms of prohibition.

“At this point it’s too obvious and urgent and unfair that we’re moving something on marijuana on the federal level and it doesn’t do something on restorative justice,” he told VICE. “I want that bill to have some acknowledgement of the savage injustices that the marijuana prohibition has done to communities.”

“I get very angry when people talk about legalizing marijuana and then give no light to how marijuana law enforcement was done in ways that fed upon poor communities—black and brown communities. This is a war on drugs that has not been a war on drugs—it’s been a war on people, and disproportionately poor people and disproportionately black and brown people.”

Listening to the 2020 Democratic candidate talk about his drug reform philosophy of late reveals something of a shift—one that places greater weight on social equity—and Booker seems to be indicating that the STATES Act doesn’t meet his standard for reform.

“We fundamentally have laws in this country that have treated people differently,” Booker said in separate comments last month. “I’m hoping all of us when we talk about marijuana legalization or marijuana decriminalization, in the same breath we’ve got to talk about expunging the records of everyone who is still suffering.”

Under the senator’s own Marijuana Justice Act, federal courts would have to expunge the records of individuals with convictions for possessing or consuming cannabis. It would go further too, by federally descheduling cannabis and penalizing states that enforce marijuana laws in a racially or socioeconomically disproportionate way by withholding certain federal funds. And that saved money would go toward community reinvestment efforts such as job training programs.

“Senator Booker is right that for any marijuana legalization bill to pass Congress, it must have robust racial justice provisions,” Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment. “We need to take steps to right the wrongs of the war on drugs, and we hope that more members of Congress will embrace Booker’s position.”

It’s already apparent that Booker is working to distinguish himself from the current crowd of pro-legalization Democratic presidential hopefuls. For example, he seemed to make a veiled critique of Sen. Kamala Harris (D-CA) after she made a lighthearted admission that she used marijuana during college.

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

During that same campaign stop, Booker also said “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,” touting his legislation.

Booker’s criticisms of what he sees as the inadequacies of the STATES Act, which was filed by competing presidential candidate Sen. Elizabeth Warren (D-MA), could provide another way for the senator to separate himself from the pack in the race—though Warren and Harris, along with other contenders, have also signed on as cosponsors of his Marijuana Justice Act.

The STATES Act is a relatively non-controversial, bipartisan bill, as far as cannabis reform in Congress goes. It has a states’ rights focus that has appealed to even some historically anti-marijuana lawmakers like Rep. Doug Collins (R-GA), who endorsed the legislation in a letter to the chair of the House Judiciary Committee.

“[I]t sounds like I need to talk to Cory Booker about fixing a federal-state conflict,” Sen. Cory Gardner (R-CO), the chief Republican cosponsor of the Senate version of the STATES Act, told VICE. “This is about fixing a conflict in federal and state law that needs to be done, and it’s pretty simple. So I think he would be hard pressed to vote against it.”

To be clear, while Booker is withholding his name as a cosponsor of the bill, he hasn’t said he would vote against it—a prospect that would almost certainly sink its chances of clearing the Judiciary Committee, of which he is a member, if brought up for consideration there.

In the 116th Congress, the STATES Act also seems to have revealed additional political schisms in marijuana policy within the Democratic party. Sen. Dianne Feinstein (D-CA) removed her name from the original cosponsors list after supporting the last version, for instance, but advocates suspect that that decision reflects what they see as the senator’s disingenuous prior support, which came in the midst of a re-election battle with progressive challenger, state Sen. Kevin de Leon (D).

Sen. Dianne Feinstein Signs Onto Marijuana Bill After Decades Of Drug War Advocacy

Photo courtesy of Senate Democrats.

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

DEA Seeks Contractor Capable Of Burning Four Tons of Marijuana Per Day

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The Drug Enforcement Administration (DEA) recently reached out for help burning “at least” 1,000 pounds of marijuana per hour for eight hours straight.

Every year, DEA seizes millions of marijuana plants and literal tons of raw cannabis, which eventually end up being destroyed. The successful contractor in Arizona would be responsible for burning marijuana and other controlled substances seized as evidence in drug cases “to a point where there are no detectable levels, as measured by standard analytical methods, of byproduct from the destruction process.”

“DEA shall inspect the incinerator to ensure no drug residue remains,” the agency said.

DEA posted the work description earlier this month in what’s called a “sources sought notice,” an initial step before a formal request for proposals is sent.

“This is not a request for proposals and does not obligate the Government to award a contract,” the post says. “The Drug Enforcement Administration (DEA) is conducting market research, and is encouraging all businesses, including small businesses, to respond to this notice.”

An accompanying statement of work gives a behind-the-scenes look at the DEA’s process of destroying seized drugs. Typical boxes weigh between 40 and 60 pounds, for example, but can weigh up to 200 pounds. Contraband might come in on “semi-trucks, tractor trailers, cargo vans, fork lifts, etc.,” the work description says.

“The drugs are usually tightly compressed ‘bricks’ or ‘bales,’” it continues, and are packaged in all sorts of materials: cardboard, wrapping paper, plastic wrap, aluminum foil, packing tape, “duct tape and derivatives,” plastic evidence bags, “grease/oil” and others. Contractors will be expected to burn that stuff, too.

To avoid potential contact highs, there must be ”proper ventilation” and “no smoke buildup” will be allowed. Other mandates include closed-circuit cameras that capture the entire process, which DEA reserves the right to access, as well as background checks and regular drug tests of all personnel.

Armed DEA agents and contractors will be present during scheduled burns.

The work is also very hush-hush, so whoever gets the job shouldn’t expect to regale friends with stories of the latest large-scale federal weed burning sesh.

“The contractor and its personnel shall hold all information obtained under the DEA contract in the strictest confidence,” the work description says. “All information obtained shall be used only for performing this contract and shall not be divulged nor made known in any manner except as necessary to perform this contract.”

The work would start January 1 of next year and the contract would expire in 2026 unless terminated sooner. The deadline to send information for would-be contractors was Friday.

DEA Seized More Marijuana Plants In 2019, But Arrests Fell

Photo courtesy of Chris Wallis // Side Pocket Images

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Harris Will Give Biden ‘Honest’ Input On Legalizing Marijuana And Other Issues As Part Of ‘Deal’

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Democratic vice presidential nominee Kamala Harris says she has a “deal” with Joe Biden to candidly share her perspective on a range of progressive policies he currently opposes, including legalizing marijuana. Separately, she also recently discussed cannabis reform in a private meeting with rapper Killer Mike.

During an interview on 60 Minutes that aired on Sunday, the senator was pressed on marijuana and numerous other issues where she and Biden disagree. In response, while she didn’t specifically commit to proactively advocating for comprehensive cannabis reform, she pledged in general that she would always share her views with the would-be president if the pair are elected next week.

“What I will do—and I promise you this and this is what Joe wants me to do, this was part of our deal—I will always share with him my lived experience as it relates to any issue that we confront,” she said after the interviewer listed cannabis legalization among a handful of issues on which she and Biden depart. “I promised Joe that I will give him that perspective and always be honest with him.”

Asked whether that perspective will be “socialist” and “progressive,” Harris laughed and said “no.”

“It is the perspective of a woman who grew up a black child in America, who was also a prosecutor, who also has a mother who arrived here at the age of 19 from India, who also, you know, likes hip hop,” she said.

The senator’s taste in music also came up during her own 2020 presidential bid, when she said in an interview that she listened to Snoop Dogg and Tupac while smoking marijuana during college despite graduating before those artists released their debut albums.

Music culture has played a key role in this election cycle, and one of the strongest voices for criminal justice reform in the industry is Killer Mike, who worked as a surrogate for Sen. Bernie Sanders (I-VT) when he was running for the Democratic presidential nomination. The artist said he met with Harris on Friday and the two discussed cannabis business opportunities for communities of color.

As she’s done repeatedly since joining Biden’s campaign, Harris also reiterated at a rally in Pontiac, Michigan on Sunday that the administration would pursue marijuana decriminalization and expunging prior cannabis convictions.

She made similar comments during a campaign event in Atlanta last week, stating that the “war on drugs was, by every measure, a failure, and black men were hit the hardest.” That said, while the senator has come to embrace broad cannabis reform, she’s faced criticism over her past opposition to legalization and role in prosecuting people for marijuana offenses as a California prosecutor.

In another interview released last week, Harris said she and Biden “have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses.”

“When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits,” she said.

There’s been some frustration among cannabis reform advocates that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization but has in recent weeks focused her comments on the more modest reforms of decriminalization and expungement.

Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.

In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”

In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.

Musician John Legend Endorses Drug Decriminalization Ballot Measure In Oregon

Photo element courtesy of California Attorney General’s Office.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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GOP Tennessee Senator Calls For Medical Marijuana Legalization In New Campaign Ad

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A Tennessee senator touted his support for legalizing medical marijuana in a campaign ad released on Friday.

In the 30-second spot, which has notably high production value for this kind of local race, state Sen. Steve Dickerson (R) talks about both the therapeutic benefits of cannabis and the consequences of broader marijuana criminalization.

“As your state senator, I’ve led the fight to legalize medical marijuana so our veterans and sickest Tennesseans can deal with chronic pain,” he said. “But this same life-saving plant has led to mass incarceration, with nonviolent marijuana possession resulting in lengthy prison sentences.”

“I think that’s wrong. That’s why I’ve been pushing for criminal justice reform,” the senator added.

Dickerson, who sponsored a medical cannabis legalization bill that cleared a Senate committee in March, said in a Q&A published earlier this month that the policy change would be among his top three legislative priorities if he’s reelected.

His Democratic opponent, former Oak Hill Mayor Heidi Campbell, is in favor of “fully legalizing marijuana,” with her campaign site stating that cannabis crimes “disproportionately impact people of color and it’s time to end marijuana prohibition.”

But while Dickerson has earned a reputation as a moderate Republican given his positions on issues like cannabis reform, he’s faced backlash after declining to denounce an independent ad taken out on his behalf that some, including the LGBTQ rights organization Tennessee Equality Project (TEP), called racist.

The ad, which was paid for by Lt. Gov. Randy McNally’s (R) political action committee MCPAC, hits Campbell over her support for a nonprofit organization that is designed to keep young people out of prison, and it frames the group as “radical” and “extremist.” TEP rescinded their endorsement of Dickerson over his refusal to condemn the ad.

In the Tennessee legislature, marijuana reform has yet to pass—but there’s growing recognition that voters are in favor of the policy change. For example, former House Speaker Glen Casada (R) released the results of a constituent survey last year that showed 73 percent of those in his district back medical cannabis legalization.

Another former GOP House speaker, Beth Harwell, highlighted her support for the reform proposal during her unsuccessful bid for governor in 2018, and she referenced President Trump’s stated support for medical marijuana on the campaign trail.

In other Tennessee drug policy politics, a lawmaker in June blocked a resolution to honor murdered teen Ashanti Posey because she was allegedly involved in a low-level cannabis sale the day she was killed.

New York Will Legalize Marijuana ‘Soon’ To Aid Economic Recovery From COVID, Governor Cuomo Says

Photo courtesy of Philip Steffan.

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