Bernie Sanders Says: Dear Mr. Vanderlaan: Thank you for writing to me regarding marijuana. I strongly believe that the War on Drugs has been a failure and that too many lives have been destroyed due to arrests for marijuana possession.

As you may know, a number of states have legalized marijuana for  medical or personal use. However, marijuana is still classified as a Schedule 1 drug under the federal Controlled Substances Act, rendering use and possession illegal under federal law. The Obama administration put forward guidance that stated the Department of Justice would selectively enforce federal law where states had chosen to legalize marijuana, only prioritizing prosecution of actions like drug trafficking, drugged driving, or the growing of marijuana on public lands. Unfortunately , Attorney General Sessions rescinded that memo, putting residents and small business owners in certain states at risk of federal enforcement. 

I strongly disagree with  then- Attorney General Sessions’ decision to end this guidance.    

The  revised policy may also limit people’s ability to access medical marijuana. Many Americans rely on medical marijuana for pain relief, and I believe those suffering from pain and illness deserve our utmost compassion. Millions of Americans who suffer pain from chronic, acute, and terminal illnesses use medical marijuana to manage their pain. At a time when many states, including Vermont, are allowing medical use of marijuana to treat a range of debilitating conditions, states must be confident that they have the power to determine their laws and regulations. Moreover, it should go without saying that imposing harsh penalties for the possession and use of recreational or medical marijuana will not help reform our criminal justice system.

It is time to end the senseless War on Drugs, and that begins with marijuana.   The number of drug offenders in American prisons and jails has increased by an astounding 1 , 894 % since 1980. Moreover, even if a person escapes a jail sentence, arrest records follow a person for life, making it harder to find a job or secure housing.

You may be interested to know that  during the 114 th Congress , I introduced the Ending Federal Marijuana Prohibition Act of 2015 to end the federal ban on marijuana. This bill would remove marijuana from the list of regulated drugs under the Controlled Substances Act, and allow states to legalize marijuana for recreational or medical use without fear of federal intervention. Also, this legislation would enable providers at Federally Qualified Health Centers and the VA to prescribe marijuana to patients in states where it is legal.

This is not just an issue of criminal justice, but one of racial justice. African Americans are almost four times more likely to be arrested for marijuana possession than white  Americans , despite roughly equal usage rates.  In 2017, nearly 600,000people were arrested for possession of marijuana. Many of those people, disproportionately people of color, have seen their lives destroyed because they have criminal records as a result of marijuana use. To my mind, we must invest in jobs and education, not jails and incarceration, especially in communities of color most affected by the failed war on drugs.

That is why I am a proud cosponsor of the Marijuana Justice Act. This bill removes marijuana from the purview of the Controlled Substances Act, making it legal at the federal level. As a result, there would be no criminal penalties for possession of marijuana and it would be easier for academics and researchers to study the health effects of medical marijuana. The Marijuana Justice Act also addresses the disastrous impacts of the War on Drugs, especially on communities of color, in part by expunging criminal records for individuals convicted of marijuana possession. States where marijuana remains illegal will lose certain federal funds if their marijuana laws are shown to have a disproportionate effect on low-income individuals and/or people of color. In addition, this legislation creates the Community Reinvestment Fund, which will be used to establish grant programs to reinvest in communities most affected by the War on Drugs. This includes funding for job training, public libraries, reentry services, and programs and opportunities dedicated to youth.

I am also a cosponsor of the Marijuana Freedom and Opportunity Act of 2019. Like the Marijuana Justice Act, this bill  decriminalizes marijuana at the federal level , and takes steps to  address the disproportionate impacts of the War on Drugs .  In addition to providing grant funding for state and local governments to develop and expand expungement and sealing programs for individuals convicted of marijuana possession, this act establishes a  new trust fund to benefit women - and minority-owned marijuana businesses  with re venue generated by the industry . Furthermore, the Marijuana Freedom and Opportunity Act of 2019 invests heavily in public safety and public health research to better understand the impacts of marijuana on dr iving and on health, as well as requires the Department of Treasury to regulate marijuana advertising to ensure businesses cannot target children. 

Thank you again for contacting me, and please feel free to stay in touch about this or any other subject of interest to you.   For up-to-date information on what I am working on, please sign-up for my e-newsletter, the Bernie Buzz, at http://sanders.senate.gov/buzz/ .

Sincerely,

BERNARD SANDERS
United States Senator