Senate hearing on cannabis previews long-shot odds for decriminalization bill

Sen. Cory Booker (D-NJ), chairman of the Senate Judiciary Subcommittee on Criminal Justice and Counterterrorism, argued federal cannabis prohibitions have failed and left the federal government out of step with a growing number of states that have decriminalized the drug. Booker also argued that although white and black people use marijuana at comparable rates, black people are incarcerated for it at much higher rates.

Last week, Booker introduced the Cannabis Administration and Opportunity Act alongside Senate Majority Leader Chuck Schumer (D-NY) and Sen. Ron Wyden (D-OR), a bill that would end the federal cannabis prohibition by removing cannabis from the Controlled Substances Act and leaving cannabis laws to states to legislate.

“For generations, the federal cannabis prohibition has also been a core piece of a disastrous war on drugs that has targeted and destroyed the lives of so many Americans, particularly vulnerable Americans in communities across our country,” Booker said, adding, “The focus on arresting low-level, nonviolent cannabis users detracts from law enforcement’s priorities that should aim to punish and deter far more dangerous, violent crimes.”

Sen. Tom Cotton (R-AR) argued that marijuana is illegal under federal law because it is dangerous and addictive, citing an Obama-era study by the Food and Drug Administration.

“The danger for young Americans is especially acute,” Cotton argued.

Sen. Dick Durbin (D-IL) said he supports decriminalization but opposes advertising the drugs to children or marketing that makes health claims not evaluated by the FDA. Sen. John Cornyn (R-TX) questioned whether smoking marijuana would lead to comparable cancer risks as tobacco.

Without naming Vice President Kamala Harris, who once appeared to acknowledge using marijuana in her youth, Booker said it isn’t fair to children to grow up seeing vice presidents joke about using marijuana and then be prosecuted for the same thing as adults.

One witness, Edward Jackson, chief of Annapolis, Maryland, police, testified that decriminalizing the practice would move the drug from illegal to legal realms and accompanying oversight, which he argued would increase public safety by allowing officers to focus resources on violent crime. Another witness, Weldon Angelos, was sentenced to 55 years in prison for minor drug deals, ultimately serving 13. He became a cannabis legalization activist and was pardoned by then-President Donald Trump.

Alex Berenson, an author, former New York Times reporter, and a COVID-19 vaccine skeptic, argued legalization would pave the way for a commercialized marijuana industry that downplays mental health and safety risks of the drug.

“There is a middle ground here. Decriminalization, I think, removes a lot of the harms that might come with arrest. … The question is whether you want an industry,” he said.

The House has passed its own marijuana legalization bill. Although there are indications that marijuana legalization is gaining popularity with voters, including Republican voters, it may not be in the Senate. If Senate Democrats are to pass their bill, they would need to win the support of all 50 of their members and win over 10 Republicans to clear the 60-vote filibuster threshold. It is not clear if Democrats will have the unilateral support of their own members, with some appearing hesitant or undecided on the prospect.

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Currently, 18 states and Washington, D.C., have legalized the recreational use of marijuana for those over 21.