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POLITICSFeds Shouldn’t Waste Resources On Marijuana Enforcement In Legal States, Biden AG Pick SaysPublished 24 hours ago on February 22, 2021By Kyle Jaeger
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President Joe Biden’s pick for attorney general said on Monday that it is not “a useful use of limited resources” to go after people who are complying with state marijuana laws. He also citied cannabis enforcement as an example of the racially discriminatory impact of the criminal justice system.
Judge Merrick Garland, whose views on marijuana policy have been largely unclear to date, said that the issue is “a question of prioritization about resources and discretion,” and he signaled that the Justice Department would adopt a hands-off policy for most cannabis cases, similar to what was implemented under President Barack Obama, if he was confirmed.
“It does not seem to me useful the use of limited resources that we have to be pursuing prosecutions in states that have legalized and are regulating the use of marijuana, either medically or otherwise,” he said when asked by Sen. Cory Booker (D-NJ) during his confirmation hearing before the Senate Judiciary Committee. “I don’t think that’s a useful use.”
“I do think we need to be sure that there are no end runs around the state laws that criminal enterprises are doing. That kind of enforcement should be continued,” he said. “But I don’t think it’s a good use of our resources where states have already authorized, and it only confuses people obviously within the state.”
That view is consistent with policies put into place under Obama—known as the Cole memorandum—and then rescinded by President Donald Trump’s first attorney general, Jeff Sessions.
Watch Garland’s comments on marijuana policy below:
Garland also said earlier in the hearing that he thinks the enforcement of marijuana criminalization is the “perfect example” of how the criminal justice system is racially biased and disproportionately impacts communities of color. And because cannabis possession arrests can “follow a person for the rest of their lives,” he said the Justice Department should avoid prosecuting those cases.
He proactively returned to the issue after it was first raised by Booker and previewed actions the Justice Department could take to resolve such systemic problems.
“One of the big things driving arrests in our country—stunningly to me even that it is still the case—is marijuana arrests. We had in 2019 more marijuana arrests for possession than all violent crime arrests combined,” Booker said, adding that those arrests fall disparately on black and brown Americans despite the fact that white people use cannabis at a comparable rate.
“Is that evidence that within the system there is implicit racial bias?” Booker, who is part of a trio of lawmakers leading the charge to enact federal legalization in the Senate, asked.
“That’s definitely evidence of a disparate treatment in the system, which I think does arise out of implicit bias—unconscious bias maybe, sometimes conscious bias,” Garland said. “This is a particular part of the reason why, at this moment, I think I wanted to be the attorney general.”
Booker picked up on Garland’s point about implicit bias and reiterated that just because there are racial disparities in the justice system doesn’t necessarily meant that those carrying out enforcement are overtly racist. The Biden nominee replied that “that’s correct” and the “marijuana example is a perfect example that you’ve given here.”
“Here’s a non-violent crime with respect to usage that does not require us to incarcerate people, and we’re incarcerating at significantly different rates of the different communities,” Garland said. “That is wrong, and it’s the kind of problem that will then follow a person for the rest of their lives. It will make it impossible to get a job, it will lead to downward economic spiral for their family.”
Watch Garland’s additional comments on cannabis policy below:
“If you just look at the impact of the law and the disparate impact on just marijuana, it is estimated to cost African-American communities in this country billions of dollars more,” Booker, who was recently named chair of a key Judiciary subcommittee, followed up. “My question to you now is, assuming this position…what are you going to do about this outrageous injustice that persists and infects our society with such a toll on black and brown communities?”
Garland said that there are “many things that the Justice Department has to do in this regard” and one of those things is “we can focus our attention on violent crimes and other crimes that put great danger in our society, and not allocate our resources to something like marijuana possession.”
He added that prosecutors could further mitigate mass incarceration by reviewing and revising sentencing standards so that people don’t face the maximum punishment for certain crimes.
Also at the hearing, Garland revisited the idea of deprioritizing enforcement against cannabis possession after being pressed on ensuring racial equity in the justice system by Sen. Jon Ossoff (D-GA).
He said “one important way [to achieve equity] is to focus on the crimes that really matter—to bring our charging and our arresting on violent crime and others that deeply affect our society and not have such an overemphasis on marijuana possession, for example, which has disproportionately affected communities of color and then damaged them after the original arrest because of the inability to get jobs.”
Watch the discussion between Ossoff and Garland below:
The nominee reiterated the sentencing reform should also be part of the solution, and that includes resolving the crack-to-powder sentencing disparity for cocaine, which “has had an enormously disproportionate impact on communities of color, but which evidence shows is not related to the dangerousness of the two drugs.”
While Sessions took actions on marijuana policy that are viewed as hostile by advocates, Trump’s second attorney general, William Barr, maintained that Congress should take steps to resolve the state-federal marijuana policy conflict. But he did not make any definitive statements about the need to shift gears administratively, nor did he dedicate time while in office to recognize the racial disparities of cannabis enforcement.
Barr did allegedly direct the Justice Department’s Antitrust Division to carry out investigations into 10 marijuana mergers out of personal animus for the industry. A whistleblower who testified before a key House committee claimed the investigations were unnecessary and wasted departmental resources. But the assistant attorney general for the Antitrust Division later argued that the investigations were actually “consistent with protecting consumers’ access to cannabis products, not with animosity toward the industry.”
Garland, who was previously nominated by Obama to serve on the Supreme Court only to have his nomination blocked by Senate Republicans, was relatively silent on the issue prior to the confirmation hearing. His judicial record did indicate that he believes in deference to the Drug Enforcement Administration when it comes to drug scheduling, raising initial concerns among advocates.
But while his broader enforcement position remains to be seen, Garland did clearly express on Monday that he feels the federal government should generally not waste departmental resources to interfere in state-legal markets and that the lowest level cannabis offenses should not justify incarcerating individuals.
It now seems apparent that he and Biden are principally aligned on those matter, supporting decriminalization and non-interference in state cannabis programs, as the president called for during his campaign.
Biden also supports legalizing medical marijuana, modestly rescheduling the plant and expunging prior cannabis convictions. He remains opposed to adult-use legalization, however, despite supermajority support for the policy change within his party.
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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Kyle Jaeger Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.YOU MAY LIKE
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AG pick Garland talks cannabis enforcement (Newsletter: February 23, 2021)
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POLITICSSouth Carolina Voters Support Legalizing Medical Marijuana By A Five-To-One Ratio, New Poll FindsPublished 2 hours ago on February 23, 2021By Kyle Jaeger
South Carolina voters support legalizing medical marijuana by a ratio of five to one, according to a new poll.
As lawmakers consider bills to enact the policy change this year, the survey shows 72 percent of respondents back the reform, while just 15 percent are opposed.
“The results of this poll reinforce what advocates have known for years—that the overwhelming majority of South Carolinians support a compassionate medical cannabis program,” Judy Ghanem, whose daughter suffers from a rare genetic disorder, said in a press release. “Voters understand that medical cannabis can provide life-changing relief, and that the law should not stand in the way.”
“My daughter and thousands of other South Carolinians deserve the right to the same medical option that is now legal in 36 states,” she said. “It is past time lawmakers listen to voters and adopt the S.C. Compassionate Care Act to stop needless suffering.”
Rep. Bill Herbkersman (R) and Sen. Tom Davis (R) prefiled companion versions of that legislation in December. The next month, the measures were formally introduced and referred to the Medical, Military, Public and Municipal Affairs Committee and Medical Affairs Committee, respectively.
“I feel there is a very good chance we get something passed this session,” Davis said. “This bill has been fully vetted after five years of testimony and input by various stakeholders. The time has come for lawmakers to get out of the way and allow patients, in consultation with their physicians, to legally and safely access medicinal cannabis.”
Under the proposal, patients would be eligible for medical marijuana if a physician certifies that they have at least one qualifying condition such as epilepsy, autism, chronic pain, glaucoma or post-traumatic stress disorder. The House version stipulates that doctor could make the recommendation for any condition they see fit.
A Medical Cannabis Advisory Board would be established, and regulators would be authorized to add conditions.
Patients could purchase and possess up to two ounces of marijuana per 14-day period, but they would be prohibited from cultivating cannabis for personal use.
Support for medical marijuana legalization among South Carolina residents has been notable stable, as a 2018 Benchmark Research poll similarly found 72 percent support for the reform, including nearly two-thirds (63 percent) of Republicans.
Also that year, 82 percent of voters in the state’s Democratic primary election voted in favor of medical cannabis legalization in a nonbinding ballot advisory vote. Lawmakers prefiled four marijuana measures for the 2019 session, but they did not advance.
The latest survey was released by the advocacy groups SC Compassionate Care Alliance and Compassionate SC. It involved interviews with 801 registered South Carolina voters from February 16-19.
Photo by davide ragusa on Unsplash.
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.
CONTINUE READINGPOLITICSNorth Dakota House Approves Marijuana Legalization BillPublished 3 hours ago on February 23, 2021By Kyle Jaeger
The North Dakota House on Tuesday approved a bill to legalize marijuana—a measure that’s being sponsored by a Republican lawmaker who is opposed to the policy change but prefers the legislature sets the rules rather than leave it up to activists via a ballot measure.
The chamber advanced the legislation, which narrowly cleared the Human Services Committee last week, in a 56-38 vote. Lawmakers also passed a separate, complementary bill to establish the tax structure for a recreational cannabis market, 73-21.
HB 1420 would allow adults 21 and older to possess and purchase up to one ounce of cannabis for personal use, but home cultivation would not be allowed. Meanwhile, lawmakers on Monday rejected a separate proposal to place the question of legalizing adult-use marijuana before voters as a 2022 ballot referendum.
Rep. Jason Dockter (R) is the chief sponsor of the House-passed legalization bill. It calls for legal cannabis sales to begin on July 1, 2022.
In committee last week, members approved a series of amendments, including one to adopt regulations from the state’s medical cannabis program to allow existing dispensaries to sell products for adult use. People aged 21 and older would be able to purchase up to 21 grams of marijuana twice a month, but they couldn’t possess more than an ounce at a time.
The legislation now heads to the Senate for consideration. If approved in that chamber, it still remains to be seen whether Gov. Doug Burgum (R) will sign or veto.
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The separate tax measure approved by lawmakers would put a 15 percent gross receipts tax on the sale of marijuana products, three percent of which would be transferred to the city or county in which the sale occurs. There would also be a ten percent excise tax on the sale of cannabis from a manufacturer to a dispensary.
An activist group—ND for Freedom of Cannabis Act—has already filed its own 2022 legal marijuana measure that would make it so adults could possess marijuana and grow up to 12 plants (up to six of which could be mature). Secretary of State Al Jaeger said last month that the group can begin working to gather the 26,904 valid signatures from registered voters they will need to place the measure on the ballot.
For his part, Dockter has said that he recognizes the seeming inevitability of legal marijuana reaching the state as more neighboring jurisdictions enact reform and as activists gain momentum for their agenda. If the state is going to enact legalization, he wants the legislature to dictate what that program looks like instead of leaving it in the hands of advocacy groups.
Dockter said on the floor on Tuesday it’s not a question of “if” legalization is coming, “it is coming in—it’s already here.”
That point was echoed by Rep. Matthew Ruby (R). He stressed that the intent of the legislation is “to get ahead of the constitutional measure that is already beginning the signature collection.” And the problem with the activist-led initiative, he said, is that the home cultivation option would complicate the enforcement of possession limits.
Dockter’s bill is being supported by a separate pro-reform campaign, Legalize ND. That group placed a legalization measure on the 2018 ballot that was defeated by voters. They tried to qualify another initiative last year but signature gathering complications caused by the coronavirus pandemic got in the way.
Meanwhile, a bill to significantly expand marijuana decriminalization in North Dakota cleared the House Judiciary Committee last week. But its sponsor, Rep. Shannon Roers Jones (R), said she would recommend that lawmakers reject it if broader legalization legislation is approved.
Her bill would build on an initial marijuana decriminalization law that was enacted in 2019. Under the current statute, possession of half an ounce or less of cannabis is an infraction punishable by a fine of up to $1,000, with no jail time. The new proposal would make possession of up to an ounce a non-criminal offense that carries a $50 fine
House Majority Leader Chet Pollert (R) has said that he’s not “a marijuana person,” but he’s acknowledged that cannabis legalization is coming. While he would have previously been inclined to oppose Dockter’s bill, Pollert said voter approval of a legalization initiative in South Dakota has given him pause, adding that the legislature should “take a long, hard look” at the policy change.
That said, a South Dakota state judge ruled this month that last year’s voter-approved legalization initiative is unconstitutional and cannot go forward—though advocates plan to appeal.
Neighboring Montana also moved to legalize marijuana for adult use during the November election, adding to the regional pressure to get on board. Canada, which also borders the state, has a national legal cannabis market.
North Dakota voters approved a medical cannabis ballot measure in 2016.
Photo courtesy of Brian Shamblen.
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.
CONTINUE READINGPOLITICSSouth Dakota Medical Marijuana Activists Propose Alternative Legalization Timeline After Governor Pushes DelayPublished 20 hours ago on February 22, 2021By Kyle Jaeger
As marijuana reform advocates prepare an appeal to a court ruling invalidating a voter-approved recreational legalization initiative, they’re also hoping to reach a deal with South Dakota’s governor and lawmakers over the timeline to implement a separate medical cannabis reform measure. And they want legal protections for patients in the interim.
As passed by voters in the November election, regulators are required to develop rules for a medical marijuana program by July 1. But Gov. Kristi Noem (R) proposed legislation to delay implementation by an additional year—a request that advocates say is excessive and puts patients at risk of ongoing criminalization.
As a compromise, reform groups New Approach South Dakota and South Dakotans for Better Marijuana Laws have put forward an alternative plan that would still push back the effective date of the legalization measure, but by less time. Simultaneously, it proposes amending the governor’s legislation to offer legal protections for medical cannabis patients even before they’re formally registered .
The House State Affairs Committee approved the implementation delay bill last week, and it was expected to be considered on the floor on Monday but it was deferred for later action.
Matthew Schweich, deputy director of the Marijuana Policy Project who worked on South Dakota reform campaign, said during a briefing that lawmakers from both chambers have expressed interest in adding their compromise legislation to the proposal, though he did not name any who have committed to sponsor the proposed compromise.
Melissa Mentele, campaign director behind the medical cannabis legalization initiative, said “our goals are simple: protect medical marijuana patients and the effectuate the will of the people.”
“This compromise allows us to do this, even if it’s at a slower pace,” she said. “The people of South Dakota want results. They want their vote votes to be respected. They don’t want obstruction and delay and endless debate. Our compromise gives the people what they want.”
Here’s a breakdown of the activists’ implementation proposal, as summarized by the campaigns:
– Extends the deadline for the Department of Health to write rules and regulations for the medical marijuana program from October 29, 2021 to January 31, 2022 (HB 1100A proposed October 31, 2022).
– Extends the deadline for issuing registry identification cards to qualifying medical marijuana patients from November 18, 2021 to January 31, 2022 (HB 1100A proposed November 21, 2022).
– Ensures that specific legal protections are provided to medical marijuana patients before registry identification cards are issued. These protections will take effect on July 1, 2021, which is what Measure 26 currently requires (HB 1100A proposed delaying these protections to July 1, 2022).
– Extends the deadline for establishing a secure phone- or web-based verification system for registry identification cards from October 29, 2021 to January 31, 2022 (HB 1100A proposed July 1, 2022).
– Extends the deadline for the Department of Health and Department of Education to establish a medical marijuana policy for schools from fall 2021 to January 31, 2022 (HB 1100A proposed removing the deadline entirely).
– Expands the medical cannabis oversight committee in size and scope and directs it to report back to the Legislature with any recommended legislation by December 15, 2021.
– Increases reporting requirements for the Department of Health and the oversight committee in order to monitor the pace of the implementation process.
– Clarifies limits on home cultivation by medical marijuana patients.
The advocacy groups also want patients to be afforded an affirmative defense option they can exercise in court to have charges against them dropped while the formal medical cannabis registration system is being set up.
“South Dakota government agencies have already been assessing potential regulations for several months,” the groups said. “The deadlines established by the compromise are reasonable given the considerable amount of work that has already been completed and given the fact that 35 other states have medical marijuana laws to provide best practices upon which to draw.”
To justify her proposed delay, Noem used a letter prepared by the firm Cannabis Public Policy Consulting which claims that “the fastest timeline to create an effective, sustainable, and functioning medical marijuana system, without any existing licensing system, while balancing the need for patient access to safe marijuana with the need for public safety, preventing underage use and divergence into the illicit market, is between 14 to 20 months.”
House Speaker Spencer Gosch (R) told The Argus Leader that he expects an amendment to shorten the timeline to be considered when the delay legislation is taken up on the floor.
All of this comes weeks after a South Dakota state judge ruled that a separate voter-approved initiative to legalize marijuana for adults 21 and over is unconstitutional and cannot go forward. However, advocates plan to appeal that decision.
The ruling represents is a victory for the law enforcement leaders who filed the challenge, at least for now. The lawsuit is also being supported by the governor, who has said that voters made “the wrong choice” by legalizing marijuana.
Under the medical cannabis initiative, patients suffering from debilitating conditions will be allowed to possess and purchase up to three ounces of marijuana from a licensed dispensary. The question that remains now is when they will get that access.
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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