Schumer Slams ‘Bigoted’ Marijuana Laws At Rally, Saying His Federal Bill Will Legalize ‘The Right Way’Published 16 hours ago on May 1, 2021By Ben Adlin
SHARETWEET
Addressing marijuana legalization supporters at a rally in New York this weekend, U.S. Senate Majority Leader Chuck Schumer (D-NY) celebrated his home state’s newly passed cannabis law and said it’s time to bring the fight to the federal level.
“What we have accomplished in New York is just the beginning,” Schumer said during a speech at the NYC Cannabis Parade & Rally on Saturday. “We’re going to transfer that energy to Washington.”
Schumer for months has signaled that he and Democratic colleagues Sens. Cory Booker (D-NJ) and Ron Wyden (D-OR) intend to bring legislation this session to legalize cannabis nationwide, though the group has not yet revealed their proposal.
“We’re going to put forward advanced, comprehensive cannabis reform legislation that will not only turn the page on this sad chapter in American history, but undo the devastating consequences of these discriminatory and often bigoted policies,” Schumer said at the rally.
Watch Schumer’s marijuana rally comments, around 57:00 into the video below:
Schumer reminded the audience that he pushed state lawmakers and Gov. Andrew Cuomo (D) to support a state legalization law with strong racial equity provisions, such as automatic expungement of past marijuana convictions and priority licensing for people most affected by the war on drugs. Federal legalization, he said, needs to include similar provisions.
“We’ve got to do it the right way,” the majority leader said of nationwide legalization. “We have a once-in-a-generation opportunity to invest in communities of color and to provide opportunities for folks who have been hit hard by prohibition.”
“Right now somewhere in this city, hopeful entrepreneurs are gathering together, thinking up a future marijuana business that’ll provide jobs for New Yorkers and tax dollars to harmed communities,” Schumer said.
He emphasized the drug war’s historical racial bias, noting that people of color, particularly Black and brown people in New York, have been disproportionately arrested and jailed over marijuana.
“For decades—this has been horrible—young men and young women, disproportionately young men and women of color, have been arrested and jailed for even carrying small amounts of marijuana, a charge that came with exorbitant punitive penalties, a serious criminal record,” he said. “And so many of them could never recover from that. We can never let that happen again.”
A number of other pro-legalization officials spoke at Saturday’s rally, including lawmakers who supported the state’s new cannabis law as well as New York Attorney General Letitia James (D).
Schumer said he expects bipartisan support for the federal policy change, noting that more and more Republican-led states have moved to end prohibition.
“We’ve got support across the country,” Schumer said. “Did you hear about South Dakota? Hardly a liberal bastion. They voted to legalize!”
Schumer did not provide an updated timeline for the federal legalization proposal. Two weeks ago, he said it would be placed on the floor “soon.”
The majority leader also recently celebrated the cannabis holiday 4/20 in a Senate floor speech.
On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduce his own legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.
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.
RELATED TOPICS:FEATURED
UP NEXTMinnesota Marijuana Legalization Bill Clears Another House Committee, For A Total Of Ten So Far
DON'T MISSMaine Drug Decriminalization Bill Garners Support From Medical And Religious Groups At Committee Hearing
Ben AdlinBen Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.YOU MAY LIKE
Minnesota Marijuana Legalization Bill Clears Another House Committee, For A Total Of Ten So Far
Maine Drug Decriminalization Bill Garners Support From Medical And Religious Groups At Committee Hearing
Texas House Passes Marijuana Decriminalization Bill, Sending It To Senate
GOP Lawmakers File Another Marijuana Research Bill For Military Veterans
Legal Marijuana Has Strong Support In Louisiana Polls—Including One Commissioned By Top GOP Lawmaker
Rhode Island Lawmakers Debate How—Not Whether—To Legalize Marijuana At Hearing On Governor’s Plan
POLITICSMinnesota Marijuana Legalization Bill Clears Another House Committee, For A Total Of Ten So FarPublished 16 hours ago on May 1, 2021By Kyle Jaeger
Another Minnesota House committee approved a bill to legalize marijuana on Saturday, raising the total number of panels that have advanced the proposal to 10.
The Health Finance and Policy Committee passed the legislation by a vote of 11-8 at the joint hearing, which was held in conjunction with the Human Services Finance and Policy Committee—though only members of the former panel voted.
House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the measure in February. It would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.
Winkler told the committee that the bill “seeks to create a legalized regulated marketplace for cannabis, and to end criminal prohibition of cannabis and all of the racial inequity associated with the criminal prohibition of cannabis.”
Another aim is to “create a space for Minnesota adults to legally use a product that can be used with relative safety, certainly as safely or more so than alcohol and cigarettes,” he said.
Rep. Jeremy Munson (R) introduced an amendment that would have gutted the legalization bill and replaced it with provisions to simply decriminalize possession of marijuana and certain cannabis preparations, along with paraphernalia. But the committee chair ruled that the proposal was out of order because it dealt with criminal penalties and was not within the scope of the health panel’s jurisdiction.
With Saturday’s vote, the number of committees that have passed the legalization bill entered into the double digits, making it one of most thoroughly vetted reform measures to move through a state legislature. And there’s still more to come—though Winkler said he expects a floor vote this month.
Earlier this week, the Public Safety and Criminal Justice Reform Finance and Policy Committee advanced the legislation.
Before that, it passed the Education Finance Committee, State Government Finance and Elections Committee, Judiciary Finance and Civil Law Committee, the Environment and Natural Resources Finance and Policy Committee, the Agriculture Finance and Policy Committee, the Workforce and Business Development Finance and Policy Committee, the Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and the Commerce Finance and Policy Committee.
The next stop for the bill will be the House Taxes Committee.
—
Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
If the bill does make it all the way through the House, it’s still expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have signaled that they’re more interested in revising the state’s existing medical cannabis program than enacting legalization of adult use.
The majority leader’s bill as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.
Under the legislation, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.
On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.
Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.
The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.
People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.
Cannabis retails sales would launch on December 31, 2022.
Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.
Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.
Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.
Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen.
The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.
In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.
Photo courtesy of Mike Latimer.
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 READINGPOLITICSMaine Drug Decriminalization Bill Garners Support From Medical And Religious Groups At Committee HearingPublished 2 days ago on April 30, 2021By Kyle Jaeger
A Maine House committee on Friday discussed a bill to decriminalize possession of all currently illicit drugs—and the Maine Medical Association (MMA) and a church coalition were among the organizations that testified in favor of the proposal.
The legislation, LD 967, would make illicit drug possession a civil violation punishable by a $100 fine. People would be able to avoid that penalty if they submit to an “evidence-based assessment for proposed treatment for substance use disorder.”
Numerous people testified before the House Criminal Justice and Public Safety Committee, with many sharing personal stories about the harms of criminalizing personal drug possession. Members heard about the long-term consequences people with drug convictions on their records face, such as lack of housing opportunities and employment.
But among the most notable supporters of the legislation is the MMA, which is part of the American Medical Association (AMA). While AMA has historically opposed other reforms like legalizing marijuana, on this issue the Maine chapter’s position is aligned with pro-reform advocacy groups.
“Opioid addiction is both an epidemic and a public health crisis, every bit as much an illness as cancer, diabetes or alcoholism,” MMA said in written testimony. “But instead of receiving treatment and support for their illness, patients affected by substance use disorders often find themselves treated as criminals instead of patients.”
“Treatment and prevention are the pathways to defeating this problem, not stigmatizing its victims with felony convictions which will follow them for the rest of their lives, affecting their ability to find jobs, health insurance, housing, family support, and often leading to relapse into the very addiction that produced the conviction in the first place,” it continued. “By making possession of illegal drugs for personal use a civil infraction rather than a crime, LD 967 is an important step in the effort to take medical control of the opioid epidemic.”
Daniel Oppenheim, co-chair of the public health committee of MMA, also appeared before the panel on Friday and stressed that “opioid addiction is both an epidemic and a public health crisis,” and “all too often opioid addiction begins with prescriptions written by doctors.”
Another notable group that offered testimony in favor of the bill is the Maine Council of Churches, which represents faith institutions from seven denominations.
“Maine’s current policies around drug use and substance use disorder have a severe death measure. Our choice not to treat the opioid epidemic as a public health crisis allowed 500 Mainers to die of overdose last year alone,” the council’s testimony said. “Our policy of criminalization keeps thousands more locked in a vicious cycle that spins attempts to self-medicate trauma into felony convictions, which create barriers to the resources necessary to recover, leading to deeper trauma.”
“At a deeper level, we know that when we, at a policy level, choose empathy over judgment, compassion over punishment, and treatment over prosecution, we are actively choosing life over death,” it said.
—
Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
The Maine Center for Economic Policy is also in favor of ending criminalization for drug possession.
The organization said that the existing policy “places a huge burden on Mainers, especially Mainers of Color, and prevents them from thriving economically.”
“What’s more, from an economist’s perspective, criminalizing people who use drugs is an inefficient use of state resources,” it said. “The state spends tens of thousands of dollars each year to incarcerate an individual; resources which would be much more effective applied to other methods.”
“These impacts are especially severe for Mainers of Color. Systemic bias in our criminal code and in our justice system means that Black and brown Mainers are more likely to be arrested, more likely to be convicted, and face longer sentences than white Mainers when it comes to substance use,” it continued.
ACLU of Maine said the state’s “attempt to arrest our way out of drug use has not worked: drugs are still readily available throughout the state, substance use disorder rates remain high, and the death toll is unprecedented.”
“More than 500 people died last year from drug overdoses in our state,” it said. “These were our friends, our family, and our neighbors. We owe it to those we love who use drugs to try a new way in order to save lives.”
The Maine Association of Criminal Defense Lawyers said that drug possession convictions “can have short term and life long consequences,” and those with convictions “are likely to suffer negatively at work, in their relationships, and in their housing.”
“Drug possession convictions have a disproportionate impact on the poor and people of color; making drug possession a civil offense will help to alleviate these disparities,” the association said. “The get tough on crime, war on drugs approach has been a failure by any metric. It has cost untold amounts of dollars and lives.”
Addiction recovery groups also submitted testimony in favor of the legislation, with a representative of the Maine Recovery Advocacy Project sharing a personal anecdote about how his past drug use could have led to life-lasting consequences without necessary treatment.
The Alliance for Addiction and Mental Health Services, meanwhile, said substance misuse disorder “is a health condition and not a crime.”
“We need to change our drug laws to save lives. Opioid addiction is a public health crisis. Decriminalization is an essential step to remove barriers to care and support, reduce stigma and discrimination, improve health and socioeconomic outcomes, and work toward a more just and compassionate society. We must stop treating people affected by substance use disorders as criminals instead of patients. We need a humane and public health-informed response to ensure people stay alive and have the best opportunity to live and thrive in their community.”
Perhaps unsurprisingly, one of the main opponents to the reform was the Maine Drug Enforcement Agency.
The anti-narcotics agency said that while it is “open to reasonable modifications of the unlawful possession of scheduled drugs statute, we do not support the outright decriminalization of scheduled drugs.”
“The bill’s title implies that personal use amounts would be subject to a civil violation. However, the bill does not specify what quantities would constitute personal use amounts. In addition, the bill proposes no stronger intervention responses if there are subsequent violations,” it said. “As stated above, the Department is resolved to working for reasonable reforms to Maine’s illegal possession statute based on evolving views of how to address the problem of illegal substance use. Decriminalization of these drugs sends a mixed message that fails to recognize how dangerous these drugs are and normalizes their possession.”
The hearing is a continuation of a national conversation about the need to reform laws criminalizing people over drugs and treat substance misuse as a public health issue, rather than a criminal justice matter.
Last year, Oregon voters elected to end criminalization of low-level drug possession at the ballot.
Vermont lawmakers also introduced a bill last month that would end criminal penalties for possessing small amounts of drugs in the state.
Also last month, a Rhode Island Senate committee held a hearing on decriminalization legislation to replace criminal penalties for possessing small amounts of drugs with a $100 fine.
Back in Maine, a bill was recently introduced that would legalize psilocybin mushrooms for therapeutic purposes.
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 READINGPOLITICSTexas House Passes Marijuana Decriminalization Bill, Sending It To SenatePublished 2 days ago on April 30, 2021By Kyle Jaeger
The Texas House of Representatives on Friday approved a bill to decriminalize marijuana possession, sending it to the Senate.
The action rounds out a busy week for cannabis reform in the chamber, where members have also advanced legislation to expand the state’s medical marijuana program, reduce penalties for possessing cannabis concentrates and require the state to study the therapeutic potential of psychedelics like psilocybin and MDMA.
In a 88-40 vote, the House approved HB 441, which would make possession of up to one ounce of cannabis a class C misdemeanor that does not come with the threat of jail time. The legislation, sponsored by Rep. Erin Zwiener (D), would also end the threat of being arrested for low-level possession and give people the opportunity to avoid a conviction by providing for deferrals and dismissals.
While decriminalization bills sometimes impose a civil penalty or infraction for possession, rather than a misdemeanor, this measure generally meets advocates’ definition of decriminalization because a class C misdemeanor does not involve incarceration as a punishment. Instead, people who commit the offense face a $500 fine.
If the person pays the fine and enters into a plea of no contest or guilty, their case would be automatically deferred for one year. Then, if the judge’s orders are followed, they would avoid a criminal record.
“Texas cannabis bills are on the move and it’s exciting to see bipartisan support for HB 441, which has been carefully crafted to eliminate the threat of arrest and jail time for marijuana possession,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “Advocates are already gearing up for action in the Senate. If given a fair shot, HB 441 could earn enough support to pass into law.”
The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.
—
Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
Advocates have closely followed the House this week as lawmakers took up a series of reform proposals. And while they’ve pointed to areas where various pieces of legislation could be improved, they’ve been encouraged to see the chamber advance each measure that’s come before them.
A separate medical cannabis expansion proposal was given final passage in the House in a 134-12 vote on Thursday, sending it to the Senate. It would add cancer, chronic pain and post-traumatic stress disorder (PTSD) as conditions that could qualify people for the state’s limited medical cannabis program. The bill passed in the House Public Health Committee earlier this month.
The legislation would further allow the Department of State Health Services to add more qualifying conditions via administrative rulemaking. And it would also raise the THC cap for medical marijuana products from 0.5 percent to five percent.
On Wednesday, the chamber approved an additional bill that would create a new drug schedule for products containing THC that would carry slightly lower penalties compared to where they are currently classified. But possession of up to two ounces of concentrates would still be a class B misdemeanor that does still carry the threat of jail time. The bill cleared the House Criminal Jurisprudence Committee earlier this month.
Lawmakers this week also sent Gov. Greg Abbott (R) a bill to clarify that a positive marijuana test alone is not sufficient criteria for removing a child from their home.
Earlier this month, the House Agriculture and Livestock Committee also approved legislation that would make certain changes to the state’s hemp program, including imposing rules related to the transportation and testing of consumable hemp products. That bill is slated for floor consideration on Monday.
But all of these proposals face an uphill battle in the Senate, where it remains to be seen whether legislators will have the same appetite for reform or what kind of changes they might push for in any particular bill. Lt. Gov. Dan Patrick (R), who presides over the Senate, has killed prior efforts to enact cannabis reform in the state, raising questions about the prospects of far-reaching changes advancing in the chamber.
For example, shortly after the House approved a decriminalization bill in 2019, Patrick declared the measure “dead in the Texas Senate,” stating that he sides with lawmakers “who oppose this step toward legalization of marijuana.”
That same year, a spokesperson for the lieutenant governor was asked about a medical cannabis expansion bill and reiterated that he is “strongly opposed to weakening any laws against marijuana [and] remains wary of the various medicinal use proposals that could become a vehicle for expanding access to this drug.”
That’s all to say that, unless Patrick has a change of heart on the issue, there’s still a risk that he could singlehandedly quash the reform measures. But other legislative leaders do seem to be warming on the policy.
House Speaker Dade Phelan (R) said during a Texas Young Republicans event last month that while he wouldn’t be able to distinguish marijuana from oregano, he said, “I understand the issue.”
The speaker said that he voted for a limited medical cannabis legalization bill during his freshman year in the legislature, and his support for the reform is partly based on the fact that he has a “sister with severe epilepsy, and small amounts of CBD oil makes a big difference in people’s lives.”
Phelan also noted that he was a “joint author—no pun intended” of cannabis decriminalization legislation last session.
“I was able to go back home and explain it, and it wasn’t a big deal,” he said. “To me, it’s a reasonable criminal justice reform issue.”
Texans’ support for legalizing marijuana has grown significantly over the past decade, according to a poll released last month.
Sixty percent of state voters now back making cannabis legal “for any use,” the University of Texas and Texas Tribune survey found. That compares to just 42 percent who said the same back in 2010.
And while Patrick’s record on the issue is a source of concern for advocates, he and other legislative leaders have recently indicated that they anticipate more modest proposals to be taken up and potentially approved this session, particularly as it concerns expanding the state’s limited medical cannabis program.
Patrick said flatly, “sure, that will be looked at this session” when asked about the prospect of expanding access to medical marijuana in January.
“We’re always listening on the health issues, but we’re not going to turn this into California,” he said, “where anybody can get a slip from the doctor and go down to some retail store and say, ‘You know, I got a headache today so I need marijuana,’ because that’s just a veil for legalizing it for recreational use.”
Phelan said he thinks “the House will look at” reform measures this year, including bills to legalize for adult use. He said the lawmakers will likely “review those again, and some will get traction, some will not.” However, the Senate remains an obstacle for comprehensive reform.
Legislators in the state prefiled more than a dozen pieces of cannabis legislation ahead of the new session. That includes bills that would legalize recreational marijuana, allow high-THC cannabis for medical use and decriminalize low-level possession of marijuana.
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 READINGADVERTISEMENTMARIJUANA NEWS IN YOUR INBOX
Email address:
Your email address
SUPPORT MARIJUANA MOMENT
Marijuana Moment
ABOUT MARIJUANA MOMENT SUBSCRIBE SPONSORSHIP AND ADVERTISING PRIVACY POLICY
All the cannabis news you need, all in one place. Copyright © 2017-2021 Marijuana Moment LLC ® and Tom Angell
