2021 | Live 11:30 AM ET - Politics

Discussion Thread: Press Secretary Jen Psaki Holds a Briefing - 02/16/2021 | Live 11:30 AM ET
Topic Tuesday: Legalization of Marijuana
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Discussion Thread: Press Secretary Jen Psaki Holds a Briefing - 02/16/2021 | Live 11:30 AM ET

Posted: 16 Feb 2021 08:03 AM PST

White House Press Secretary Jen Psaki briefs reporters and responds to questions.

The Press Conference is scheduled to begin at 11:30 AM ET. You can watch live online on

You can also follow online via

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Topic Tuesday: Legalization of Marijuana

Posted: 16 Feb 2021 09:13 AM PST

Welcome to our (rarely) recurring event, Topic Tuesday, on /r/Politics! With each segment we'll select a point of political discussion and pose it to the community to discuss and debate. Posts will include basic information on the issue at hand, opinions from leading politicians, and links to more data so that readers can decide for themselves where they stand. For more information, rules, and a list of past Topic Tuesdays, check out our wiki.

Background

Marijuana, generally unregulated in the first part of United States history, began facing significant restrictions in the 1900s and continued to be focused on in several pieces of legislation through the latter part of the 20th century including the Controlled Substances Act of 1970 followed by the Anti-Drug Abuse Act of 1986. Mandatory sentencing minimums enacted during the administration of President Ronald Reagan legislated necessary legal action be taken against drug offenses, often including the use or distribution of Marijuana.

The administration of President Reagan also saw the AIDS crisis break out in the United States. A resurgence occurred of interest in marijuana for medical usage, with AIDS patients reporting significant relief from its usage. A large percentage of these patients being concentrated in San Francisco and Los Angeles may have contributed to the Compassionate Use Act of 1996, a California law which was the first in the nation to defy federal regulations in permitting citizens with a doctor's note to cultivate and possess marijuana for medical usage. However, the 2001 Supreme Court decision in United States v. Oakland Cannabis Buyers' Cooperative ruled that medical exemption could not be used to bypass federal law. This was followed by the 2005 Supreme Court decision in Gonzales v. Raich, in which the court ruled that users and distributors of medical marijuana in California could still be prosecuted under federal law despite its legality in that state. This led to a surge in the 2000s of federal Drug Enforcement Agency arrests of medical users within California.

As further states and jurisdictions passed their own legislation loosening regulations on medical marijuana, further court cases would have long-term impacts on their enactment. The Ninth Circuit Court of Appeals ruling on Conant v. McCaffrey in 2000 determined that physicians had the right to recommend marijuana usage to patients, but not in fact to prescribe it. From a national standpoint, the Rohrabacher–Farr Amendment, first adopted in 2014, prevents federal prosecution of individuals acting in accordance of state medical marijuana law. Between the Rohrabacher–Farr Amendment and the United States v. Oakland Cannabis Buyers' Cooperative SCOTUS decision, the status of medical marijuana in many states is such that one may obtain and use it in accordance with state law while still being in violation of federal law - though relevant prosecution against those individuals, even if pursued, will likely be unsuccessful.

With regards to legislation surrounding marijuana used for recreational purposes, individual states have been slower to adopt allowances. The first statewide legalization of recreational marijuana occurred in 2012 in Washington and Colorado, allowing for professional cultivation and sale. Since then 11 more states have followed suit, in addition to two territories plus Washington DC. In 2013 during the Obama administration the Justice Department issued internal governance known as the Cole Memorandum, stating that prosecution should halt for federal marijuana crimes within states that had legalized such activity. However, the memorandum was rescinded in 2018 under the Trump administration. No further federal-level guidance has been issued, meaning that the Justice Department may choose to federally prosecute for marijuana possession, use or distribution at the time of this post - even if such activity is legal in the state it occurs in. At this time leading recreational marijuana dispensaries still do business in cash and without banking partners, as financial institutions may face federal penalties for aiding these dispensaries.

Leading Opinions

Joe Biden and Kamala Harris both have history with anti-marijuana action during their time in the legislative branch. Currently however Biden's website states, "Biden believes no one should be in jail because of cannabis use. As president, he will decriminalize cannabis use and automatically expunge prior convictions. And, he will support the legalization of cannabis for medical purposes, leave decisions regarding legalization for recreational use up to the states, and reschedule cannabis as a schedule II drug so researchers can study its positive and negative impacts."

Donald Trump's WH Press Secretary Sean Spicer in 2017 stated belief in a link between marijuana use and the opioid crisis, while clarifying President Trump's sympathy towards users of medical marijuana. In 2018, AG Jeff Sessions rescinded the Cole Memorandum that had previously halted federal prosecution for state-by-state legal marijuana usage, possession and distribution.

Sen. Joe Manchin (D-WV) stated in 2017, "I go to the treatment centers. I talk to the addicts. I always ask, 'How did you get started?' Most told me they started out with recreational marijuana. Legalizing recreational marijuana is something I have not been able to accept or support. What about medical marijuana? What about commercial cannabis? These are things I don't know much about. But I'm interested in learning and finding out more. That's what I'm doing now." Manchin has pledged to maintain the Senate filibuster pertinent to marijuana legislation, meaning that it would require 60 votes to pass.

Sen. Rand Paul (R-KY) is a supporter of marijuana law reform, significantly from a states' rights perspective. In 2020 he met with representatives from the National Cannabis Industry Association, who released a statement that reads in part "Senator Paul has been a long-time supporter of cannabis policy reform, and is a cosponsor of the SAFE Banking Act. We are meeting to express our gratitude and to discuss ways in which we can move effective banking reform through the Senate this session."

Discussion Questions

Are you in favor of legal marijuana for medicinal purposes? How should this be enacted & how should the plant be produced/distributed?
Are you in favor of legal marijuana for recreational purposes? Should this be enacted federally, or state-by-state?
If in favor, what restrictions do you believe should be replaced on legalization (e.g. taxes or age gates)?
Do you believe that individuals who broke marijuana-related laws in the past should be released from prison, or have their arrest records expunged?
Do you believe that other drugs should follow suit, such as the Oakland, CA decriminalization of Psilocybin mushrooms and peyote?

Enjoy discussion! This thread will be moderated - please keep in mind our civility rules and our rule against meta posting in these threads.

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Trump and Giuliani sued for conspiracy to incite deadly Capitol riot

Posted: 16 Feb 2021 07:18 AM PST