Bernie Sanders on Drugs Democratic primary challenger; Independent VT Senator; previously Representative (VT-At-Large)

We must end the "War on drugs"

Of course, the intersection of racism and criminal justice is not limited to police violence. To my mind, an even bigger issue is the failed "War on Drugs," which has over the decades harmed millions of lives through the arrest and jailing of people for nonviolent crimes. The number of incarcerated drug offenders has increased TWELVEFOLD since 1980, and this "war" has disproportionately targeted people of color.

According to the Substance Abuse and Mental Health Services Administration, blacks and whites use drugs at roughly the same overall rates. However, blacks are arrested for drug use at far greater rates than whites, largely because of over-policing, racial profiling, and--according to the Department of Justice--the fact that blacks are three times more likely to be searched during a traffic stop compared with white motorists.

Opioid treatment instead of locking them up

Pharmaceutical companies are responsible for opioid epidemic

CLINTON: The federal government [should spend about $1 billion] to help states: Police must be equipped with the antidote to an opioid overdose. We have to move away from treating the use of drugs as a crime and instead as a health issue. And we need to divert more people from the criminal justice system into drug courts.

SANDERS: I agree with everything the Secretary said, but let me just add this: there is a responsibility on the part of the pharmaceutical industry and the drug companies who are producing all of these drugs and not looking at the consequence of it. And second of all, when we talk about addiction being a disease, the Secretary is right, what that means is we need a revolution in this country in terms of mental health treatment. People should be able to get the treatment that they need when they need it, not two months from now, which is why I believe in universal healthcare with mental health, as part of that.

Why police records for marijuana but not white collar crime?

SANDERS: Let me respond to what the secretary said. We have a criminal justice system which is broken. Who in America is satisfied that we have more people in jail than any other country on Earth, including China? Disproportionately African American, and Latino. Who is satisfied that 51% of African American young people are either unemployed, or underemployed? Who is satisfied that millions of people have police records for possessing marijuana when the CEO's of Wall Street companies who destroyed our economy have no police records. We need to take a very hard look at our criminal justice system, investing in jobs and education, not in jails and incarceration.

Take marijuana out of the controlled substances list

CLINTON: Heroin is a major epidemic. I would like the federal government to offer $10 billion over ten years to work with states.

O'MALLEY: The number of heroin deaths is growing significantly. We have to tell doctors who are prescribing opiates that we cannot have this huge number of opiates out there.

SANDERS: Today we have more people in jail than any other country on earth, 2.2 million people. Predominantly African-American and Hispanic. We are spending $80 billion a year locking up Americans. I think we need a major effort to come together and end institutional racism. We need major reforms of a broken criminal justice system. What does that mean? It means that we have to rethink the so-called war on drugs which has destroyed the lives of millions of people, which is why I have taken marijuana out of the Controlled Substance Act. So that it will not be a federal crime.

Treat addiction as a disease, not a crime

I would vote for recreational marijuana, to reduce jailings

A: I would vote yes because I am seeing too many lives being destroyed for non-violent offenses. We have a criminal justice system that lets CEOs on Wall Street walk away, and yet we are imprisoning young people who are smoking marijuana. I think we have to think through this war on drugs which has done an enormous amount of damage.

War on drugs is a failed policy; treatment over punishment

• Current State of the War on Drugs: A failed policy that has served to increase unemployment, imprison nonviolent offenders, and unfairly target blacks.
• Treatment for Drug Offenders: Nonviolent offenders should not be incarcerated. Instead, they should be allowed to access affordable treatment to address their drug dependencies.

Decriminalize marijuana and study recreational legalization

A: Bernie supports the medical use of marijuana and the rights of states to determine its legality. He co-sponsored the States' Rights to Medical Marijuana Act in 2001

Q: And recreational pot?

A: Bernie wants to learn more about the impact that recreational legalization will have in states such as Colorado in order to determine whether or not he supports it: "Vermont voted to decriminalize the possession of small amounts of marijuana and I support that. And when I was mayor of Burlington, in a city with a large population, very few people were arrested for smoking marijuana. Our police had more important things to do."

Q: Has Bernie ever inhaled?

A: Bernie has inhaled! But, he wasn't a fan, personally: "Because I coughed a lot. I smoked marijuana twice, didn't quite work for me. It's not my thing, but it is the thing of a whole lot of people."

Voted NO on military border patrols to battle drugs & terrorism.

Voted NO on subjecting federal employees to random drug tests.

Legalize medical marijuana.

Title: To provide for the medical use of marijuana in accordance with the laws of the various States. Summary: Transfers marijuana from schedule I of the Controlled Substances Act to schedule II of such Act. Declares that, in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law, no provision of the Controlled Substances Act shall prohibit or otherwise restrict:
• the prescription or recommendation of marijuana by a physician for medical use;

• an individual from obtaining and using marijuana from a physician's prescription or recommendation of marijuana for medical use; or

• a pharmacy from obtaining and holding marijuana for the prescription or recommendation of marijuana by a physician for medical use under applicable State law.

• Prohibits any provision of the Federal Food, Drug, and Cosmetic Act from prohibiting or restricting a State entity from producing or distributing marijuana for the purpose of its distribution for prescription or recommendation by a physician in a State in which marijuana may be prescribed by a physician for medical use.

Exclude industrial hemp from definition of marijuana.

• Amends the Controlled Substances Act to exclude industrial hemp from the definition of "marihuana."
• Defines "industrial hemp" to mean the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
• Deems Cannabis sativa L. to meet that concentration limit if a person grows or processes it for purposes of making industrial hemp in accordance with state law.

Sponsor's Remarks:
Rep. PAUL: Nine States allow industrial hemp production or research in accord with State laws. However, Federal law is standing in the way of farmers in these States growing what may be a very profitable crop. Because of current Federal law, all hemp included in products sold in the US must be imported instead of being grown by American farmers. Since 1970, the federal Controlled Substances Act's inclusion of industrial hemp in the "schedule one" definition of marijuana has prohibited American farmers from growing industrial hemp despite the fact that industrial hemp has such a low content of THC (the psychoactive chemical in the related marijuana plant) that nobody can be psychologically affected by consuming hemp.

The US is the only industrialized nation that prohibits industrial hemp cultivation. Industrial hemp is a crop that was grown legally throughout the US for most of our Nation's history. In fact, during World War II, the Federal Government actively encouraged American farmers to grow industrial hemp to help the war effort. It is unfortunate that the Federal Government has stood in the way of American farmers competing in the global industrial hemp market. Indeed, the founders of our Nation, some of whom grew hemp, would surely find that federal restrictions on farmers growing a safe and profitable crop on their own land are inconsistent with the constitutional guarantee of a limited Government.

Exempt industrial hemp from marijuana laws.

Congressional Summary:Amends the Controlled Substances Act to exclude industrial hemp from the definition of "marihuana." Defines "industrial hemp" to mean the plant Cannabis sativa and any part of such plant, whether growing or not, with a THC concentration of not more than 0.3%.

Argument in favor (Sen. Ron Wyden):

Members of Congress hear a lot about how dumb regulations are hurting economic growth and job creation. The current ban on growing industrial hemp is hurting job creation in rural America and increasing our trade deficit. This bill will end this ridiculous regulation. Right now, the US is importing over $10 million in hemp products--a crop that US farmers could be profitably growing right here at home, if not for government rules prohibiting it. Now, even though hemp and marijuana come from the same species of plant, there are major differences between them. The Chihuahua and St. Bernard come from the same species, too, but no one is going to confuse them.

Argument in opposition (Drug Enforcement Agency):

The DEA regulatory opposition to industrial hemp production is based upon:
• The difficulty in distinguishing legitimate hemp with low narcotic concentration from illicit cannabis, and
• the perception that industrial hemp advocates have a hidden agenda of favoring legalization of marijuana.

Argument in opposition (DrugWatch.org 10/30/2013):

• The DEA ban on THC in hemp food products, though characterized as a drug war issue, is, in fact, a food safety issue. No state or country has scientifically established the safety of food products made from hemp.
• Smoking hemp/marijuana with a low THC level of 0.25 percent could result in psychological effects on inexperienced users (children, for example).
• Supporting industrial hemp/marijuana sends an ambivalent and harmful message to youth and others regarding marijuana.

Rated A+ by NORML, indicating a pro-drug-reform stance.

OnTheIssues.org interprets the 2016 NORML scores as follows:

• C-/D/F: "hard-on-drugs" stance (approx. 243 members)
• C: mixed record on drug reform (approx. 45 members)
• A/B: pro-drug-reform stance (approx. 293 members)

National Organization for the Reform of Marijuana Law's mission is to move public opinion sufficiently to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty.

NORML is a nonprofit, public-interest lobby that for more than 30 years has provided a voice for those Americans who oppose marijuana prohibition. We represent the interests of the tens of millions of Americans who smoke marijuana responsibly and believe the recreational and medicinal use of marijuana should no longer be a crime.

NORML supports the removal of all criminal penalties for the private possession & responsible use of marijuana by adults, including the cultivation for personal use, and the casual nonprofit transfers of small amounts. This model is called "decriminalization."

NORML additionally supports the development of a legally controlled market for marijuana, where consumers could purchase it from a safe, legal and regulated source. This model is referred to as "legalization."

NORML believes that marijuana smoking is not for kids and should only be used responsibly by adults. As with alcohol consumption, it must never be an excuse for misconduct or other bad behavior. Driving or operating heavy equipment while impaired from marijuana should be prohibited.

NORML strongly supports the right of patients to use marijuana as a medicine when their physician recommends it to relieve pain and suffering.

Lastly, NORML supports the right of farmers to commercially cultivate hemp for industrial purposes, such as food and fiber production.

Immunity for banks offering services to marijuana businesses.

Congressional Summary:This bill provides a safe harbor for depository institutions providing financial services to a marijuana-related legitimate business insofar as it prohibits a federal banking regulator from:

1. terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business; or
2. prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services.

Argument in Favor: [Cato Institute, March 31, 2016]: Marijuana is now legal under the laws of [several] states, but not under federal law. And this creates huge headaches for marijuana businesses:

• Two years after Colorado fully legalized the sale of marijuana, most banks here still don't offer services to the businesses involved.
• Financial institutions are caught between state law that has legalized marijuana and federal law that bans it. Banks' federal regulators don't fully recognize such businesses and impose onerous reporting requirements on banks that deal with them.
• Without bank accounts, the burgeoning pot sector can't accept credit or debit cards from customers.

Criminalize imports of opioid precursors.

Excerpts from Letter from 17 Senators to the President of the European Commission We write to request designating NPP and ANPP, which are precursor chemicals of the synthetic opioid fentanyl, as Table I substances under the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. NPP and ANPP are [legal under EU law but] already controlled in the U.S. under the Controlled Substances Act. However, without collective international action it will be difficult to control NPP and ANPP, and will frustrate efforts to curb manufacturing and trafficking of illicit fentanyl.

Opposing argument: (ACLU, "Against Drug Prohibition"): People in almost all cultures, in every era, have used psychoactive drugs. A "drug free America" is not a realistic goal, and by criminally banning psychoactive drugs the government has ceded control of potentially dangerous substances to criminals. Instead of trying to stamp out drug use, our government should focus on reducing drug abuse and prohibition-generated crime. This requires a fundamental change in public policy: repeal of criminal prohibition and the creation of a reasonable regulatory system.

Opposing argument: (Cato Institute, "Do Restrictions Reduce Opioid Poisonings?", by Jeffrey Miron): Prescription Drug Monitoring Programs (PDMPs), which record a patient's opioid prescribing history, when required as "must access," PDMPs significantly reduce misuse in Medicare Part D. But there is no statistically significant effect on opioid poisoning incidents. How is this possible? The simplest explanation is that, despite all the hype, prescription opioids are not that dangerous, even in heavy doses, when used under medical supervision. Instead, most poisonings reflect use of diverted prescription opioids, or black market opioids, which may be adulterated. Under this interpretation, restrictions on opioid prescribing might even increase opioid poisonings.