Photo by Gage Skidmore
By Marguerite Arnold and Garrett Rudolph
When Vermont senator and presidential candidate Bernie Sanders introduced the Ending Federal Marijuana Prohibition Act to Congress during the fall of 2015, he firmly put cannabis in the spotlight of national politics. He also opened the passageway for marijuana legalization to become a major issue in every state primary where legalization holds a flicker of hope.
The proposed legislation is the centerpiece of why many in the cannabis industry are “feeling the Bern” in 2016 and backing Sanders for president.
David Murét, co-founder of Viridian Staffing, says Sanders’ progressive approach to cannabis dates back more than 15 years, including his opposition to mandatory drug testing of federal employees in 1998 and his sponsorship of the States’ Rights to Medical Marijuana Act in 2001.
That’s why Murét has thrown his full support behind Sanders, once considered a long shot to win the presidency, but rising steadily closer to front-runner Hillary Clinton in the polls. Murét started Cannabis Reformers for Bernie (www.yeshecann.com) to build a network of cannabis and drug reform activists and galvanize them to get out and vote.
“I believe the mainstream press and major party establishments have seriously underestimated the impact cannabis reform is going to have on this election cycle, seeing as it spans so many hot-button issues (like mass-incarceration) that transcend traditional left-right political ideologies,” Murét says. “In the most recent Gallup poll, 58% of Americans are in favor of legalizing marijuana, and even a majority of self-identified Republican millennials favor ending prohibition.”
“The fact is that public opinion on cannabis has changed, and this new bill reflects our new reality,” adds Aaron LoCascio, CEO of Vapeworld, a paraphernalia distributor. “It’s encouraging to see a seasoned politician taking the stance that younger politicians have been pushing for years, especially on the national stage.”
The Ending Federal Marijuana Prohibition Act would remove marijuana from the federal government’s list of Schedule I drugs, which is currently one of the biggest impediments to further development of the legal cannabis industry, including much-needed banking reform. The bill would repeal all federal penalties for possessing and growing marijuana, thereby allowing states to establish their own marijuana laws.
Doing so would address the complications of IRC 280E, give investors the peace of mind to invest in the cannabis businesses and lift barriers to much-needed research and innovation, Murét says.
This is critical because the federal government’s current hands-off approach toward state-legal cannabis businesses is a matter of policy, not law. That policy could easily be reversed by a new president or attorney general.
“Removing marijuana from the Controlled Substances Act would take the issue off the table entirely as far as the federal government is concerned,” Murét says. “This is in stark contrast to Secretary Clinton’s position, which would merely move cannabis from Schedule 1 to Schedule 2, next to cocaine and methamphetamine, which would do nothing to address banking or 280E because producing, processing or selling (marijuana) would remain a felony.”
However, the bill does not touch the bigger issues that surround legalization, and leaves federal penalties of up to a year in jail for transporting cannabis across state lines. Some say the biggest victory implicit in the language of the bill is that although states would still be allowed to ban the drug (much like alcohol), the federal government would no longer be able to levy any penalties for sale or possession except in the transfer of product between states.
Throughout the course of the election season, the political impact of the bill could be much larger than its legislative success.
It turns every state where marijuana reform is a central focus into a battleground state for Democrats seeking the party’s nomination, and it also puts pressure on Republican candidates to respond. Thus far, Rand Paul is the only Republican to openly take a stand in favor of decriminalization.
“While I’m sure the party famous for stubborn foot-dragging will continue to showcase some vocal hold-outs, their top political strategists have to realize that they’re now fighting an uphill battle and this is now a wedge issue that is more likely to hurt than help them if they don’t change their tune, and that process has already begun,” Murét says.
“The political tides in the United States towards legalization of cannabis have shifted permanently, and Sen. Sanders is leading that shift. For the first time ever, a nationally-prominent and leading presidential candidate has officially endorsed the repeal of cannabis prohibition,” says Eddie Miller, chief strategy officer of GreenRush, an online cannabis delivery service. “In Canada, the victory by the Liberals and Justin Trudeau can very much be attributed to the vote of the younger generations who overwhelmingly support cannabis legalization. Sanders has taken a lesson from our friends in the north and will have America’s young people behind him in no time.”
In terms of the cannabis industry’s view, Sanders’ support of legalization places him ahead of Clinton, who has sat on the issue for more than a quarter century of her highly visible national political life.
Photo by Gage Skidmore
These same voters also believe that Sanders can overcome Clinton’s early lead. The issue of marijuana legalization is just one facet of the election that is gaining traction. Further, because so many other issues are wrapped up in legalization, it is likely to become a potent wedge issue in many of the upcoming state primaries.
Murét says more than 80% of residents in critical swing-states Ohio, Pennsylvania and Florida now support medical marijuana, and a thin majority favor decriminalization of possession and adult use laws.
“If people who care about this issue — particularly millennials — who now outnumber the baby boomers, feel strongly enough about these issues to get out and vote, it could very well help determine the outcome of both the primaries and the general election, giving an edge to those who take the boldest stance,” Murét says.
The first big fight is likely to be Ohio, where Issue 3 was rejected by voters last fall, largely due to the language of the bill that would have granted a monopoly to a handful of wealthy investors.
In Iowa, there is also significant support for medical legalization. The state has been slowly moving forward on plans to reschedule the drug, and more than 70% of residents believe medicinal use of marijuana should be legal, according to the Des Moines Register.
In California, which is gearing up for its own recreational legalization initiative, Sanders will likely pick up powerful support from people who not only support further reform, but are tired of the intrusion of the federal government, particularly on this issue.
Sanders also could pick up support in states like Illinois, Georgia, North Carolina, South Carolina and Florida, where the issue of legalization has crossed over into the mainstream.
In Texas, advocates are even using the issue to target local candidates running for office. In an otherwise conservative state like Nevada, the impetus to legalize recreational marijuana might pick up extra points for Sanders in a newly important western bellwether.
From both a business and advocacy perspective, the issue has now become mainstream at the ballot box throughout the country. There’s no doubt that 2016 is shaping up to be the breakthrough year the cannabis industry needs to gain true legitimacy.