Kamala Harris just introduced a bill to decriminalize marijuana at the federal level

[bigtree]

Last edited Tue Jul 23, 2019, 05:30 PM - Edit history (3)

Vox @voxdotcom
Kamala Harris just introduced a bill to decriminalize marijuana at the federal level. It would:
• Expunge marijuana-related convictions
• Add a federal tax to marijuana sales
• Use tax revenue to help those affected by marijuana convictions

...Harris’s bill isn’t just focused on federal regulation of marijuana. It’s also dedicated to making sure individuals who’ve previously faced marijuana-related convictions have the infrastructure to reestablish themselves: Given the significantly higher conviction rates that people of color and low-income people have experienced for marijuana possession, Harris’s bill attempts to make sure that they would also share in the gains of the growing marijuana industry, now that legalization efforts have spread.

Harris’s bill does not prescribe a particular approach to the states, and wouldn’t prevent individual states from banning the drug within their borders — it simply removes the accompanying federal offense.

Her proposal would impose a 5-percent federal tax on the sale of marijuana in the states that have legalized it, a levy that’s similar to the federal tax that currently applies to the sale of cigarettes. Half the revenue from that tax would be funneled into a group of grant programs dedicated to ensuring that communities that have faced discrimination over marijuana possession reap the benefits of its legalization.

Those grants would fund job training, legal aid, and rehabilitation for individuals who’ve experienced marijuana-related convictions in the past. Additionally, they would help those “adversely affected by the War on Drugs” obtain licenses to sell marijuana, and give small businesses involved in marijuana sales and run by “socially and economically disadvantaged individuals” a financial boost.


read more: https://www.vox.com/policy-and-politics/2019/7/23/20703691/kamala-harris-marijuana-decriminalization?utm_campaign=vox&utm_content=chorus&utm_medium=social&utm_source=twitter

...while I think a lot of her proposal on pot is innovative and progressive, big step forward, I'm not in favor of leaving it up to states to decide on whether to ban it. Looking for more protection for pot users in states which refuse to recognize those privileges afforded elsewhere.

Dry states are unrealistic and untenable. Why allow those states to continue to target and criminalize something that these actions would mainstream around the nation?

Link to tweet

[bronxiteforever]

1. Kick and recommend.

[Quemado]

2. She's got my vote!

Just switched.

It's way past time to decriminalize marijuana.

[Skya Rhen]

3. When is the bill scheduled to come up for a vote?

[mcar]

38. Ask Mitch McConnell

[ucrdem]

47. Right after Medicare for All and Disappear College Loans

[SouthernProgressive]

5. She has dramatically evolved on this issue.

The positive power of grassroots campaigns.

[roody]

6. Glad that Harris flipped on marijuana.

She was on the wrong side previously.

[ehrnst]

22. 'flipped?" Don't you mean "evolved?'

Or is that equally negative?

[roody]

54. I'm glad that she has flipped on a number of issues.

[ehrnst]

57. You mean like Bernie has?

I get it. It's a good thing when candidates flip - like when Sanders flipped from saying less than a $15 an hour federal minimum wage being unacceptable, to saying he'd work with Trump to "at least" a $10 federal minimum wage after the election.

Or when in an election year, 2006, after he voted against DOMA because it was a 'states rights issue' and shortly thereafter ,when asked about supporting gay marriage in Vermont, said it was "too divisive." Then later, along with Hillary, he flipped and supported Gay Marriage as a federal right.

Or when he flipped to Hillary's idea to make the 1% pay their own kids way for public colleges so less affluent kids could go debt free, after the election.

Or when he voted for military intervention for regime change in Iraq - twice during the Clinton administration - then in 2003, flipped, and decided that would be bad.

Or when he flipped from being "supportive" (didn't interfere) of his staff's unionizing for collective bargaining to not so much supportive when they actually bargained for more pay.

Lots of candidates flip - right? That's status quo for career politicians.

[USALiberal]

7. Biden worrys me on this topic! Nt

[Skya Rhen]

9. Why? Biden supports decriminalization of marijuana, as well.

[USALiberal]

10. True, but he is against legalization. Nt

[Skya Rhen]

12. We're talking about decriminalization. But since we're digressing, have Warren, Harris, Booker,

Sanders (all sitting Senators running for President) put forth a bill for federal legalization of marijuana? If not, why not?

[Kaleva]

13. Decriminalizing something is making it legal. At least at the federal level.

[Autumn]

30. You are wrong. Decriminalization of marijuana by states is not the same as Federal

marijuana legalization.

https://criminal.findlaw.com/criminal-charges/marijuana-legalization-and-decriminalization-overview.html

[Kaleva]

33. Can you direct me to a post I made where I said they are the same thing?

[Autumn]

34. Sure, right here. You also said Biden supports legalization of marijuana at the federal level.

Last edited Tue Jul 23, 2019, 05:47 PM - Edit history (1)

He does not. Ten states have decriminalized marijuana, it is still illegal at the Federal level.

Kaleva (22,092 posts)

13. Decriminalizing something is making it legal. At least at the federal level.

Kaleva (22,092 posts)

16. Biden supports the legalization of marijuana at the federal level

What is not illegal is legal.

Biden reiterated his support for decriminalizing marijuana nationwide and rescheduling it as a Schedule II drug to make it easier to conduct medical research. But he said he does not support the federal legalization of marijuana and that the issue should be left up to the states. (Ten states, including Nevada, and the District of Columbia have legalized recreational marijuana use.)

[Kaleva]

36. "Biden reiterated his support for decriminalizing marijuana nationwide"

If you decriminalize something, you make it legal.

[Autumn]

40. Marijuana has been legalized in some states but marijuana remains illegal under federal law.

States decriminalizing marijuana nationwide will not make it legal on the Federal level. As long as it's not legalized on a federal level there is a conflict and federal law trumps states law.

https://criminal.findlaw.com/criminal-charges/marijuana-legalization-and-decriminalization-overview.html

When federal law and state law conflict, the federal law trumps. Federal law doesn’t permit marijuana sale and usage because it is illegal under the Controlled Substance Act. In states where marijuana has been legalized for recreational purposes, the state law conflict with federal law.

If Colorado and Washington manage to keep their marijuana retail businesses completely in-state, it may be legal. That means the marijuana must be grown, sold, used, and taxed all within the state without using any federal land or means of commerce. This prevents the retail marijuana businesses from using banks, which are federally regulated. It also prevents marijuana businesses from deducting business expenses on their federal income taxes. This also prevent farmers from using water from federally managed resources.

The conflict between state and federal marijuana laws is likely to continue and ultimately require resolution, possibly in a decision by the Supreme Court.


Biden does not support the federal legalization of marijuana. That was the claim you made

Kaleva (22,092 posts)

16. Biden supports the legalization of marijuana at the federal level

What is not illegal is legal.

Biden reiterated his support for decriminalizing marijuana nationwide and rescheduling it as a Schedule II drug to make it easier to conduct medical research. But he said he does not support the federal legalization of marijuana and that the issue should be left up to the states. https://thenevadaindependent.com/article/biden-says-democratic-millennials-are-not-a-generation-of-socialists-draws-distinction-with-sanders-on-health-care

[Kaleva]

58. Ok

[questionseverything]

49. the way biden wants things mj users would still be required to do drug court

which is expense ,time consuming and takes away an adults right to chose

and guess what if you fail to jump thru the drug court hoops, you still go to jail

so no it is not making it legal

[USALiberal]

18. Well, if you had searched.....

https://www.politico.com/2020-election/candidates-views-on-the-issues/marijuana-cannabis-legalization/legalizing-marijuana/

[Autumn]

25. Don't be deceived. Decriminalization of marijuana by states is not the same as Federal legalization

https://criminal.findlaw.com/criminal-charges/marijuana-legalization-and-decriminalization-overview.html

Marijuana Decriminalization Explained

To be clear, decriminalization of marijuana is not the same as marijuana legalization. Decriminalization means that a state repealed or amended its laws to make certain acts criminal, but no longer subject to prosecution. In the marijuana context, this means individuals caught with small amounts of marijuana for personal consumption won’t be prosecuted and won’t subsequently receive a criminal record or a jail sentence.

In many states, possession of small amounts of marijuana is treated like a minor traffic violation. States that have decriminalized marijuana include Alaska, California, New York, Minnesota, North Carolina, Oregon, and much of the Northeast.

But even in states that have decriminalized the herb, possessing larger quantities or selling marijuana have significant potential penalties. Therefore, you still need to be aware of the criminal laws in your state.

Federal vs. State Laws

When federal law and state law conflict, the federal law trumps. Federal law doesn’t permit marijuana sale and usage because it is illegal under the Controlled Substance Act. In states where marijuana has been legalized for recreational purposes, the state law conflict with federal law.

If Colorado and Washington manage to keep their marijuana retail businesses completely in-state, it may be legal. That means the marijuana must be grown, sold, used, and taxed all within the state without using any federal land or means of commerce. This prevents the retail marijuana businesses from using banks, which are federally regulated. It also prevents marijuana businesses from deducting business expenses on their federal income taxes. This also prevent farmers from using water from federally managed resources.

The conflict between state and federal marijuana laws is likely to continue and ultimately require resolution, possibly in a decision by the Supreme Court.

[Andy823]

26. Very interesting

thanks for the link.

[DesertRat]

8. Sen. Harris: "Times have changed -- marijuana should not be a crime"

Link to tweet

[roody]

55. The times changed long before she did.

[zackymilly]

11. I suspect Joe will change his mind on this soon. nt

[Skya Rhen]

14. Joe believes in decriminalization of marijuana, as well. It is clearly stated in his policy plan...

The Biden Plan for Strengthening America’s Commitment to Justice

Snip..

Decriminalize the use of cannabis and automatically expunge all prior cannabis use convictions. Biden believes no one should be in jail because of cannabis use. As president, he will decriminalize cannabis use and automatically expunge prior convictions.

https://joebiden.com/justice/

[Kaleva]

16. Biden supports the legalization of marijuana at the federal level

What is not illegal is legal.

[Autumn]

23. Got a link to that ? Biden didn't support the federal legalization of marijuana as of July 20, 2019.

https://thenevadaindependent.com/article/biden-says-democratic-millennials-are-not-a-generation-of-socialists-draws-distinction-with-sanders-on-health-care

On marijuana and the criminal justice system

Biden reiterated his support for decriminalizing marijuana nationwide and rescheduling it as a Schedule II drug to make it easier to conduct medical research. But he said he does not support the federal legalization of marijuana and that the issue should be left up to the states. (Ten states, including Nevada, and the District of Columbia have legalized recreational marijuana use.)

“There’s been no long-term studies,” Biden said. “I would not curtail the state’s rights to make those decisions, but I would not make that federal decision until those studies are finished.”

Asked why the decision should be left up to the states when studies have shown that people of color are disproportionately incarcerated for marijuana-related offenses, Biden said “because it’s a state law.”

“The federal government cannot impose state law. You can’t come, in the federal government, and say that this is what you do,” Biden said. “What you do is you hold accountable those departments and those agencies which in fact do not in fact enforce the law equally.”

[Kaleva]

27. If it is no longer a crime to posses, it must thus therefore be legal to posses.

At least at the Federal level and this is what I said in my previous post:

" Biden supports the legalization of marijuana at the federal level"

[Autumn]

32. And you are wrong. Ten states have decriminalized it. It is still illegal at the Federal level

and Biden does not support the legalization of marijuana at the federal level as of July 20, 2019, 3 days ago

Decriminalization of marijuana is not the same as marijuana legalization

https://thenevadaindependent.com/article/biden-says-democratic-millennials-are-not-a-generation-of-socialists-draws-distinction-with-sanders-on-health-care

Biden reiterated his support for decriminalizing marijuana nationwide and rescheduling it as a Schedule II drug to make it easier to conduct medical research. But he said he does not support the federal legalization of marijuana and that the issue should be left up to the states. (Ten states, including Nevada, and the District of Columbia have legalized recreational marijuana use.)

[The Mouth]

45. With all due respect

"Decriminalization" and "Legalization" are two different legal concepts. They are not the same.

[rollin74]

44. Biden wants cannabis to be a schedule 2 controlled substance

legislation introduced by Harris would remove cannabis from the controlled substance schedule entirely

Biden’s plan to keep weed a controlled substance leaves the door open for lots of folks to be prosecuted and punished by the government

Many people are arrested, jailed and prosecuted for possessing schedule 2 substances every day

Cannabis needs to be de-scheduled not simply bumped down a notch

Sadly, Biden doesn’t support that

[SouthernProgressive]

15. Not a far leap for him.

Harris was opposed to it very recently. I can handle Biden’s thoughts of decriminalization at the federal level.

[MrsCoffee]

17. k&r

[Duppers]

19. K&R

[LincolnRossiter]

20. Legalization honestly isn't high on my list of priorities, but I really wish Biden would get here.

It's past time. Kudos to Harris.

Edit: I suppose Biden does support decriminalization as far as the federal government is concerned, but would leave regulation and legalization within individual states to those states. I guess I can live with that. That's little different from the way alcohol and tobacco are handled. My state (Virginia) just raised the smoking age to 21. My parents can't purchase alcohol on Sundays in their county in Georgia.

[Fritz Walter]

21. Lobbyists from Big Pharma, for-profit prisons are on red alert!

All hands to battle stations!
This is not a drill!

They're going to fight this, and that means lining the pockets of RepubliCONs to get their way.

[Vegas Roller]

24. Anyone can introduce a bill..

Anyone can introduce a bill. Will it pass committee?

[Kaleva]

29. Same arguement people are making against impeachment

The House could impeach Trump but will the Senate vote to convict?

[Skya Rhen]

42. You make too much sense.

[DesertRat]

48. Unless someone first introduces a bill, it can't pass commitee

It's a good first step.

[NYMinute]

28. Is this a political move or

will this bill ever be enacted into law?


I fear it won't even pass the committee.

[Kaleva]

31. I guess you also oppose impeachment

Because it's highly unlikely that the Senate will vote to convict. And the House shouldn't bother passing sensible gun control laws for the same reason. It won't pass the Senate.

[Skya Rhen]

43. Thanks - I will save the back slapping when this is law.

[tirebiter]

35. Federal/state

Decrimanlization/legalization it’s all ok. There will be bumps in the road. Marijuana is a thirsty plant and humans are a greedy creature. One rule is not necessarily the best. Like will we have states with control commissions like Oregon does for liquor? Where and when will vaping be allowed? Can you still be fired for doing it when operating heavy equipment? Will you be required to enter a 12 step program if you drive under the influence? States are free to work out the details at this point. Colorado gives all the growing to a few growers. Big Farma doesn’t’ mind this at all. This isn’t going to be a mom and pop thing. Mark my words...

[Skya Rhen]

41. A friend of mine and I had a discussion about the details of where and when a pilot or a surgeon

will be allowed to use marijuana when it becomes legal.

[tirebiter]

50. I'm in a skilled labor union

I’m in IATSE. I have to be a carpenter, an electrician, drive and operate many kinds of lifts, climb high places and make decisions regarding rigging using trigonometry, and on and on. It was a surprise to me when I saw the audio crew vaping. It pretty much comes down to good sense. I would never mix getting high with arena rigging or even stage rigging. Nobody’s gotten hurt in my local and nobody has caused an employer to look for other labor organizations.
I am working on my audio skills, though.

[mcar]

37. Kick!

[Politicub]

39. It's past time that the federal government decriminalize pot

Great to see leadership on the part of Nadler and Harris!

I hope Biden sees the light and changes his position to legalization. It's a winning proposition.

[The Mouth]

46. Nomenclature, please everyone

Decriminalization is *NOT* legalization.

Two different words, two different legal concepts. They are *NOT* interchangeable!!!

https://www.thoughtco.com/decriminalization-versus-legalization-of-marijuana-3368393

[Dream Girl]

51. Biden recommended decriminalization a few days ago and everyone was ready to string him up!

Now everybody is all like woo-hoo! Kamala!!!!!

[ecstatic]

52. Now we're talking. I've been waiting for her to really be bold

and clear. Great hail mary pass! I think I saw a snippet about Biden announcing something similar, but I don't yet know who came up with it first.

[questionseverything]

53. they are both out of touch with what the American people want

we want it legalized

we are tired of tax money being spent to punish mj users

[DesertRat]

56. She and Nadler introduced a bill in Congress

I don't what Biden announced, but this is proposed legislation.