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    Biden poised to loosen restrictions on marijuana, but some say it’s not enough

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    The US government appears poised to announce next year the most sweeping changes in decades to how it handles marijuana, the psychoactive drug dozens of states allow to be sold from storefronts, but which federal law considers among the most dangerous substances.Evidence suggests that Joe Biden’s administration, responding to a policy the president announced last year, is working on moving marijuana to schedule III of the Controlled Substance Act (CSA), a change from its current listing on the maximally restrictive schedule I. That would lessen the tax burden on businesses selling the drug in states where it is legal, and potentially change how police agencies view enforcement of marijuana laws.“If it’s going to be finalized at schedule III, it’s going to be the moment that the industry really is able to turn the corner and we begin to see the growth in the cannabis space amongst the legal operators that we’ve been waiting on for so long,” said David Culver, senior vice-president of public affairs for the US Cannabis Council, a trade group.But other marijuana legalization advocates regard changing its classification as a half-measure that would do nothing to resolve conflicts between state and federal laws that emerged after weed legalization picked up speed a decade ago.Marijuana faces the same federal restrictions as drugs like heroin and ecstasy under the Controlled Substances Act (CSA), but 38 states have approved its use for medical conditions, and 24 states and the District of Columbia allow adults to also consume it recreationally. That conflict has complicated the marijuana industry in states where it is legal, particularly when it comes to access to banking services, and Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (Norml), said rescheduling the drug would not resolve that.“Classifying it as schedule III would make every existing state cannabis law that’s currently inconsistent with federal law as equally inconsistent going forward. So, it doesn’t solve any of the problems before it,” he told the Guardian.“It needs to be descheduled for logistical reasons, for practical reasons, because we have a system right now where the majority of states are choosing to regulate marijuana as a legal commodity through their own state-specific systems, and that act is not permitted for any substance that is in the CSA. That is only permitted for substances that are not scheduled.”Last month, Gallup released a survey that found 70% of Americans think marijuana use should be legal, a record number.Biden does not appear ready to go that far. In his statement announcing marijuana reform, which was released about a month before last year’s midterm elections, the president pardoned all people convicted of simple marijuana possession federally, and also kicked off the review of the drug’s classification under the CSA.That process is typically a bureaucratic affair, in which the Department of Health and Human Services reviews the substance and sends its findings to the Drug Enforcement Administration (DEA), which then decides whether to change its classification. Yet signs have already emerged that marijuana is being treated like no drug before it.On 30 August, the US health and human services secretary, Xavier Becerra, announced on X that his department had completed its review, an unusual public status update for a process that is typically opaque. And his account made the post at 4.20pm, a number of great significance in cannabis culture.Becerra did not specify what his department had recommended, but Bloomberg News obtained a letter from HHS to the DEA that recommended marijuana be put on schedule III, alongside drugs like ketamine and anabolic steroids.Tahir Johnson, a board member at Minority Cannabis Business Association who is planning to open a dispensary in New Jersey next month, said rescheduling would help his business by lessening its tax burden. Federal law currently prohibits marijuana businesses from deducting their expenses from their income, meaning they sometimes pay tax rates upwards of 80%.“It will help all cannabis businesses. But, I think especially for minority businesses, where capital and finances are tight, being able to alleviate that is certainly meaningful,” said Johnson.Armentano also expects a rescheduling could help Biden’s reputation with the voters who make up the Democratic coalition, as well as people outside his base. Gallup found 87% of Democrats think marijuana should be legal, along with 55% of Republicans and 64% of people older than 55.“It behooves the president to have this core base passionate about something that he’s doing to try to address the enthusiasm gap that he seems to have now,” he said.Kevin Sabet, president of Smart Approaches to Marijuana, which opposes legalizing the drug, argued dropping pot to a lower CSA schedule would harm public health.“It’s going to ramp up commercialization, it’s going to ramp up the marketing and the glamorization of marijuana,” Sabet said. “It’s going to do that both in a practical way with this deducting expenses, and it’s going to do so in a global way, by just sending the message that this is harmless.”Until marijuana is legalized federally, it will still be up to Congress to resolve the conflicts between state and federal law, and progress there has been slow. A bill to allow cannabis businesses access to more financial services, known as the Safer Banking Act, has been passed by the House of Representatives six times, and is currently working its way through the Senate.Starting in 1972, groups including Norml have petitioned the DEA and HHS to reschedule marijuana, to no avail. Armentano said the stage appears to be set for political considerations to finally get federal agencies to back down, at least partially.“Frankly, if this petition is successful, and the DEA reverses 50 years of precedent, then it just speaks to the fact that all along this process has simply been a political one,” he said. More

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      Cannabis firms are cut off from the US financial system, but relief is in sight

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      Imagine that you run a perfectly legal business but are unable to open a simple checking account at a national bank. Believe it or not, that’s the case right now for anyone licensed to sell cannabis in the US. Given the size of the cannabis industry, it’s pretty shocking. But it may be about to change.In the US, 38 states have legalized marijuana for medical use and 23 of them have legalized it for recreational purposes, including three territories and the District of Columbia. An additional eight states have decriminalized its use. Both red and blue states with legalized marijuana laws have collected $15bn in tax revenue between 2014 and 2022, with $3.77bn in tax revenue attributed to 2022 alone.Meanwhile, if you run a cannabis business – one that sells, distributes, manufactures or in some cases serves the industry, you’re not allowed to be a normal business.Meta, Facebook’s parent, only allows “limited” CBD and hemp advertising. Cannabis companies can’t run TV or radio commercials for their products. They are not allowed to conduct any campaigns outside their state as interstate commerce is forbidden. In Ohio – like other states – they can’t run a billboard campaign without prior approval of the state’s board of pharmacy. Many localities have zoning laws that prohibit them from operating. Many insurance carriers are reluctant to serve the industry as do a number of the country’s largest payroll service providers.Cannabis businesses are not allowed to deduct rent, payroll or other expenses that other businesses can write off. They regularly face expanded business licensing requirements. They can’t take advantage of the federal bankruptcy rules. They can’t trademark their products.And then there’s banking. Cannabis businesses can only choose from about 200 independent and community banks. I don’t mean to throw shade on these organizations, because many of them are excellent. But they oftentimes don’t offer online banking, international access, wire transfer, investment options, financial stability and other capabilities of a larger institution. When it comes to the cannabis industry, federally chartered banks like Wells Fargo, PNC Bank, JP Morgan Chase, TD Bank and Key Bank are not playing ball. Because of this, many cannabis businesses receive fewer financial services and have been forced to retain an uncomfortable level of cash, making themselves exposed to theft and crime. The banking industry realizes this but resists.Why is this? Because cannabis is still considered to be an illegal controlled substance, subject to very strict federal laws and, because it’s illegal at the federal level, many large corporations, such as banks, insurance companies and payroll services, remain spooked.It’s no surprise that, despite all the growth, many in the cannabis industry are struggling to make profits. But there’s potentially good news on the horizon. Finally, the federal government may allow banks with federal charters to do business with those in the cannabis industry.At the end of last month the Senate committee on banking, housing and urban affairs moved forward with the Secure and Fair Enforcement Regulation (Safer) Banking Act, which allows banks to conduct business with cannabis companies. The House already passed a similar act, so the Senate committee’s approval is a big deal.“This legislation will help make our communities and small businesses safer by giving legal cannabis businesses access to traditional financial institutions, including bank accounts and small business loans,” the bill’s sponsors said in a joint statement. “It also prevents federal bank regulators from ordering a bank or credit union to close an account based on reputational risk.”skip past newsletter promotionafter newsletter promotionStill, significant hurdles exist. There remain a number of representatives in both the House and Senate who oppose the bill.“This legislation also compromises the integrity of the United States banking system by giving banks government approval to participate in illegal activity, setting a dangerous new precedent,” some Republican senators said recently in a joint statement. “Allowing banking access to a Schedule I drug sets a dangerous legal precedent and will help facilitate money laundering for drug cartels.” This opposition, combined with a leadership void in the House, could derail progress of the bill for the foreseeable future.But I’m more optimistic. The bill is not going so far as to legalize marijuana, so that should appease some of its opponents. And given the strong bipartisan support received in both the Senate and House for the Safer Banking Act, I don’t believe it’s an overreach to expect passage … eventually. When? Who knows.In the meantime, those in the industry must wait. And fight. And deal with restrictions that few other legitimate companies have to face. It’s tough enough running any business. But for those in this game, it’s a whole new level altogether. More

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      Minnesota’s cannabis head resigns after reports she sold illegal weed products

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      The recently appointed director of Minnesota’s new marijuana regulatory agency, Erin Dupree, has resigned amid reports that she sold illegal cannabis products in the state.Dupree ran a business that sold products exceeding state limits on THC potency, owed money to former associates and accumulated tens of thousands of dollars in tax liens, Minnesota Public Radio reported.Loonacy Cannabis Co – the business Dupree founded in Apple Valley, Minnesota, last year – posted on its now-deactivated TikTok account about its edible products containing 10 milligrams of THC per serving and 150 milligrams per package, although state law only allows hemp-derived edibles to contain up to 5 milligrams of THC per serving and 50 milligrams per package, the Star Tribune reported.“I have never knowingly sold any noncompliant product, and when I became aware of them I removed the products from inventory,” Dupree said in a statement on Friday.“However, it has become clear that I have become a distraction that would stand in the way of the important work that needs to be done,” she added.Her role as the state’s first director of the office of cannabis management would have begun on 2 October.“One of the responsibilities, and I take it and the buck stops with me, is the appointments of literally thousands of people,” Minnesota’s governor, Tim Walz, said on Saturday. “In this case, the process did not work and we got this wrong.”Walz said in a Friday statement that the interim director of the cannabis office, Charlene Briner, would remain in an interim role, according to Minnesota Public Radio.Minnesota’s legalization of recreational marijuana went into effect in August, allowing people 21 and older to legally possess and grow their own marijuana for recreational purposes, subject to limits as the state establishes a legal cannabis industry in the coming months and years.The midwestern state is the 23rd in the country to legalize recreational marijuana. Surrounding states – including Wisconsin, Iowa, South Dakota and North Dakota – have not yet legalized it. More

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      Hemp: the green crop tied down by red tape in the US

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      Hemp: the green crop tied down by red tape in the USStalky plant is not approved as a livestock feed, holding back a sustainable industry that could invigorate agricultureKen Elliott runs a hemp oilseed and fiber processing facility in Fort Benton, Montana. His company, IND Hemp, grinds up the stalky plant so that it can be used for a variety of purposes, such as snacks, grain, insulation and paper. About 20 truckloads of spent biomass lie in heaps on his property.Elliott estimates he could make a couple million dollars if he sold this leftover stuff as livestock feed. Hemp seedcake would make a great substitute for alfalfa – rich in fatty acids, proteins and fiber. His cattle rancher buddies are hit hard by the soaring costs of hay and would love to get their hands on this alternative. One buffalo herder wanted to buy the whole lot.But Elliot can’t sell to them. He can’t even give it away for free. That’s because when the 2018 Farm Bill took hemp off the list of controlled substances, hemp as commercial livestock feed was not approved.‘Filling in the gaps’ for food access: women-run farms rethink California agricultureRead moreThe Food and Drug Administration (FDA) has approved hempseed and its meal and oil for human consumption. A variety of hemp snacks for pets are allowed on the market, because they don’t constitute the main part of the diet. But you can’t give hemp as feed to farm animals that produce eggs, meat and milk for sale, until tests prove it is safe and nutritious to pass along the food chain.In other words, Elliott can serve hemp products to his baby grandchild. Or to a cat. But not to 2,000lbs steer. And that’s bad for the American farmer, he says. “Some of these guys have to sell their cattle and five-generation farms because they can’t afford hay and barley,” Elliott says. “Why wouldn’t you want to help them?”Hemp industry advocates say this ban on livestock feed not only denies livestock farmers necessary relief, but is also denying the $80bn American feed sector an inexpensive product during a time of global grain shortages. And it is hindering a nascent green industry that could invigorate American agriculture while also saving the environment.The type of hemp in question is not the flowery plant that yields CBD. The bamboo-like “industrial” variety processed by Elliott has greater potential to be a commodity. Its woody core, grain (seeds) and fiber have 25,000 uses. They include dietary ingredients, textiles, biofuel, bioplastics, mulch, lubricants, paints and construction materials.Industrial hemp is also a dream sustainable crop. It requires less water than similar plants and sequesters carbon. It can grow in nearly every climate, with up to two harvests a year. Hemp also regenerates the soil, absorbs toxic metals and it resists pests, mold and fire.But this sector is stymied by the federal government’s linkage of hemp to its cousin, marijuana. Both come from the cannabis sativa plant, but industrial hemp has none or negligible quantities of tetrahydrocannabinol, THC, the main psychoactive compound in marijuana.Nonetheless, hemp is highly regulated. Growers must be fingerprinted and background-checked. They must spend thousands of dollars for tests that prove their harvests contain less than 0.3% THC. Anything above that fraction must be destroyed.Further burdens are placed on those seeking approvals for commercial hemp livestock feed. (So far none have been granted on the federal level.) Manufacturers complain that with only a dozen FDA officials processing requests, applicants can wait up to six months for a response or for questions, which when answered require further waits. The process can take years.“The FDA responds to requests with very resistant language that creates a long back and forth,” says Andrew Bish, a harvesting equipment entrepreneur from Nebraska who helms the Hemp Feed Coalition advocacy group. He added that funding the clinical trials to prove safety can cost hundreds of thousands of dollars.Moreover, separate testing must be done for each species that would eat the feed. Data involving dairy cows, for instance, won’t suffice for beef cattle. Different research is required for chicken broilers and egg layers, and trout versus salmon.The FDA approval group is “woefully understaffed with a backlog of work”, Leah Wilkinson told a webinar in August that brought together regulators, hemp companies and university researchers. She is the vice-president of public policy at the American Feed Industry Association.“Many of these ingredients are stuck in an antiquated regulatory review process at the FDA, which has resulted in the US trailing its global competitors in bringing these products to the market.”Regulators on both the state and federal levels defend the process, however. They say animals metabolize food differently from humans, so a person snacking on hemp seeds might process the ingredient differently than a goat subsisting on it every day.“I understand the processors’ standpoint,” says Ian Foley, a plant regulatory official with Montana’s department of agriculture. “It’s a difficult burden to sponsor and pay for research. But the product must be beneficial as well as not cause harm. Everyone wants the safest ingredients, and I don’t think we’re there just yet.”While the US government treats hemp as a new product, it was historically a staple crop in America from the 1600s onwards, thriving especially in Kentucky. George Washington grew it. A draft of the Declaration of Independence was on hemp paper. But the 1937 Marihuana Tax Act debilitated the once-thriving industry, and then the 1970 Controlled Substances Act essentially killed it.With decriminalization five years ago, the industry had to jumpstart from scratch.This has cost the US market share in a global market estimated at more $4bn and expected to grow to over $17bn by 2030. Canada, China and Europe (particularly France) are big players. The US produced merely $824m worth of hemp in 2021, the last available figures.Stakeholders say that the animal feed issue is particularly stymying the industry.The only way around stringent federal restrictions is to win consent on the regional level, but the products cannot be transported or sold across state lines. Kentucky has approved feeding hemp-seed meal and oil to chickens and horses. In Montana, it can be given to non-production animals. Tennessee requires informing consumers in writing if hemp adulterants are added to feed.‘When in doubt, plant a nut tree’: the push to seed America with chestnutsRead moreThe Wenger Group of Lancaster, Pennsylvania, managed to get state approval to sell feed for chickens. Wenger, which produces about 2m tons of feed a year, first had to invest $400,000 to do a hemp feed study on the nearby Kreider Farms involving 800 hens and 120,000 eggs.The data found that hemp feed produced healthy yolks and weight, with no THC residue. “It was absolutely compelling and convincing that the ingredient was safe,” says Raj Kasula, the chief nutrition officer for Wenger.But getting the green light to sell was “unduly” time-consuming. “The process was delayed by objections and questions which were not worth the delay,” Kasula says. “Each time they come with a new set of questions. To their credit they are being very thorough but it’s a source of frustration.”Still, experts see hopeful baby steps and believe the first federal approval for egg-laying hens might come within a year.The US Department of Agriculture (USDA) has granted millions of dollars for clinical studies into hemp as animal feed through its National Institute of Food and Agriculture office.Panelists participating in the August webinar included scientists from universities across the country, including Texas, North Dakota, Ohio and Kentucky. They saw great potential for livestock, horses and fish.“I was blown away,” said Massimo Bionaz, an associate professor of dairy nutrigenomics at Oregon State University. “It has good fiber content, the protein is at the level of alfalfa, even better. We found it’s safe to feed this to animals.”Even if it won approvals for feed, the hemp industry must convince farms farmers to grow industrial hemp, says Bish. After the 2018 legalization, most hemp growers planted the CBD type. Many went bust due to an ensuing glut and are reluctant to pivot to industrial hemp even though it has more potential as a cash crop.How America’s most enigmatic fruit is making a comebackRead moreOne reason is the paucity of processing facilities. What with soaring freight costs, the handful of facilities that are scattered across the country lie too far away for most farmers to transport the bulky product. Prospective processors baulk at investing in multimillion-dollar machinery without enough raw supply of hemp.“It’s a chicken and egg story, so there’s no economy of scale,” says Bish.Hemp stakeholders are pinning hopes on Congress, which is due to renew the Farm Bill this year. They are lobbying for exemptions to make it easier to produce hemp fiber and grain, such as lifting the 0.3% THC limit. They also seek more Congressional funding to boost the number of FDA staff processing feed applications.Meanwhile, progress remains glacial. “I would like to see more collaboration between the FDA and the industry to come up with clear guidelines to make the application process more efficient,” says Kasula. “Other countries are moving forward, and we need to reinvent the wheel.”TopicsAgricultureCannabisUS politicsMontanafeaturesReuse this content More

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      Senate Democrats to reportedly push banking reforms for cannabis industry

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      Senate Democrats to reportedly push banking reforms for cannabis industryJustice department is scrutinizing measures’ implications on law enforcement investigations and prosecutions Democrats in the Senate will push to liberalize banking access to the cannabis industry during the lame duck session, it was reported on Saturday, in moves being watched closely by the Department of Justice which is concerned that reforms could ‘complicate’ the industry’s legal status.New York issues first 36 dispensary licenses for recreational marijuanaRead moreA justice department memo, obtained earlier this week by Punchbowl News, outlines how implementation of a bill to reform the banking rules for cannabis companies “could significantly complicate law enforcement investigations and prosecutions”, though it also notes that the department believes that subject to minor changes “it can effectively implement the legislation”.The legislation, titled the Secure and Fair Enforcement Banking Act, would provide a “safe harbor” for regulated banks to work with cannabis firms in states where it’s legal. While that would not legalize cannabis at a federal level, it would release the industry from a key limitation to its growth.The passage of the bill through the Senate has become a priority for Senate majority leader Chuck Schumer ahead of the new session in January, Axios reported on Saturday.In July, the New York democratic senator, along with Senators Cory Booker of New Jersey and Oregon’s Ron Wyden introduced the Cannabis Administration and Opportunity Act that would decriminalize cannabis at the federal level.The bill’s sponsors argued that the cannabis industry, which employs nearly 430,000 workers and generated over $25bn in sales last year, “presents a significant opportunity for entrepreneurship and economic empowerment”. By 2025, the bill said, “it is estimated that the cannabis industry could exceed $45bn in annual sales”.It said that nearly all Americans live in a state with some form of legal cannabis, including 19 states that have legalized adult-use cannabis – reaching over 40% of Americans – and that 91% of adult Americans believe that cannabis should be legal for either adult or medical use.“The ‘war on drugs’ has failed, and it’s time for lawmakers in Washington to respect the rights of states that have chosen to legalize cannabis,” they argued. Despite bi-partisan support, the bill stalled.Legalization of the industry’s access to the banking system is an incremental work-around to federal prohibition, which came into effect across the US a century ago.Most of the changes suggested by the justice department revolve around language relating to “cannabis-related legitimate businesses” that it said “could create an immunity shield around activities of cannabis businesses that involve other illicit drugs or activities”.Other potential complications in the wording could complicate enforcement of anti- money laundering efforts, the DoJ said. TopicsUS newsUS politicsCannabisBiden administrationLaw (US)Reuse this content More

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      How will drug legalization affect America's communities of color?

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      From the Pacific Northwest to the Deep South, drug legalization won big nationwide on election day in America.Under the first state law of its kind, people in Oregon soon won’t be arrested for possessing small amounts of drugs including heroin, meth and cocaine. In New Jersey, Arizona, South Dakota and Montana, voters joined 11 other states and the District of Columbia in legalizing recreational marijuana. Washington DC passed an initiative to make mushrooms and other natural psychedelics the lowest possible enforcement priority. Even Mississippi legalized medical marijuana.After months of global protests over racism in policing, advocates behind many of these campaigns focused their messaging on racial disparities in drug-law enforcement. In New Jersey, a social media ad explaining how a marijuana arrest could ruin someone’s life centered images of young Black men and women. Activists in Oregon pointed to a statewide study that found drug convictions for Black and Native people would drop by nearly 95% under the state’s decriminalization law.Yet despite these electoral successes, it remains unclear what effect the new measures will have for communities of color, who have long been disproportionately targeted in the war on drugs. Even as many states move toward legalization, drug-related violations remain the most frequent cause for arrest in the US. Nearly 40% of those arrests are for marijuana possession alone, according to federal data from 2018. Black people make up 27% of drug arrests, but only 13% of the country.Even in states that have already enacted more lax drug laws, racial disparities in enforcement didn’t disappear. An April study from the ACLU found that “in every state that has legalized or decriminalized marijuana possession, Black people are still more likely to be arrested for possession than white people.” Being caught with large amounts of marijuana, selling it, using it in a school zone, or underage use is still illegal in states that have legalized. In states like Maine and Vermont, according to the ACLU, racial disparities in weed arrests worsened after legalization passed. Disparities improved in California and Nevada.Some opponents of legalization say this increase in arrests is the result of the continued criminalization of black markets that still exist outside of the heavily regulated legal market. And they believe the potential for more widespread drug abuse under legalization, in the form of crimes like DUIs, can lead to more interactions with police – especially for people of color.Kevin Sabet, a former White House Office of National Drug Control Policy adviser, thinks that if the goal is to end racial disparities, states should continue focusing on decriminalization. “It’s a false dichotomy to think that you either have to arrest someone and lock them up, or you need to be in bed with big tobacco and have edibles,” he said. “Oregon already had a decent system for referring drug users [from jail time].”But even if people aren’t serving long sentences for simple drug possession, the impact of an arrest or a criminal conviction can follow them for years, legalization supporters say. And for repeat offenders, a drug conviction can mean a longer sentence for any future offense.“They own you after that,” said Bobby Byrd, a volunteer with Yes on 110 in Oregon who struggled to find a place to live, get promoted, and get licensed to become a drug counselor because of his felony cocaine conviction. “People need help, not punishment. Punishment didn’t help me; it just slowed me down in my life and made me have to work 20 times harder.”In South Dakota, which legalized marijuana last week, weed arrests have increased significantly since 2007, and the racial disparities for Indigenous people are especially stark. Native Americans are 10% of the state population, but were nearly 20% of marijuana possession arrests in 2018. They are nearly a third of the state prison population.Campaign organizers for decriminalization say they’ll have to stay vigilant against the over-policing of communities of color. “The reality is that systems of oppression always find different ways of incarcerating Black and Brown folks,” said Kayse Jama, executive director of Unite Oregon, a social justice organization. “I think [the new law] is a good step forward; it’s one tool we want to remove from their toolbox. But we also understand that [law enforcement] will continue to target our community.”Jama also noted the importance of decriminalization for immigrants, who will be less likely to face deportation or other federal immigration consequences over state-level drug crimes. So far in fiscal year 2020, over 600 people have been deported from the US, whose most serious conviction was marijuana possession.There’s also the question of whether Black communities can profit from the cannabis industry in states legalizing for the first time. Many states prohibit people with felony convictions from working for or owning dispensaries – convictions that are disproportionately saddled on people of color.Crucial to undoing this dynamic is ensuring that people who have already been prosecuted for marijuana can be released from jail or expunge their record. While expungement was not part of the initial ballot proposal in South Dakota, Melissa Mentele, executive director of New Approach South Dakota, said her group would push for such a policy through the state legislature.“Expungement is everything,” Mentele said. “It’s not just passing a law – you have people’s lives in your hands.”Organizers in Oregon also said they planned on addressing expungement and sentencing reductions in the upcoming legislative session. At least 15 states have passed laws making it easier to wipe marijuana-related crimes from people’s records.Applying the new law retroactively could be especially significant in New Jersey, which has some of the highest arrest rates for marijiuana – locking up an average of more than 600 people every week in 2019 for pot sales and possession.But in a state where the economic impact of a new legal weed industry could be as high as $6bn, it has been a challenge to put racial justice at the center of the conversation when some supporters of legalization see it as either a new business opportunity or tax revenue generator.The American public seems very open to a total rethink on the drug war and economic justice“In 2014, we saw a version of a bill come through that didn’t even have the word expungement in it,” said Amol Sinha, the campaign chairman of NJ CAN 2020, which backed the new measure, and the executive director of the American Civil Liberties Union of New Jersey.After a 2019 bill failed to pass the New Jersey state senate, the question to amend the constitution and legalize weed was passed to the voters. The ACLU led the campaign for the ballot measure, spending more than $300,000. “It was a huge, strategic investment,” said Sinha. “We led with racial justice every step of the way … And that is what resonated with voters.”Now it’s up to legislators to write the law, and it remains to be seen how much of the racial equity message will be baked into the new legislation. But Assemblyman Jamel Holley of district 20, a Democrat who was instrumental in writing the old marijuana bill and is helping shepherd the new one, said he is committed to delivering upon the demands of the voters.“[We can’t] have big conglomerates take over this [marijuana] industry, but at the same time have individuals who look like me have a record and can’t get a job or housing,” said Holley, who is Black. “My sole focus is that we repair the harms of the past.”Before the ballot measure had even passed, Holley called for the state to immediately dismiss all marijuana-related court cases, suspend all marijuana arrests, and implement an expedited expungement process.These kinds of actions illustrate that politicians are catching up to voters in seeing legalization as a racial justice issue, not just a revenue question, said Alex Vitale, author of The End of Policing and a sociology professor at Brooklyn College.“One thing we’ve seen from the measures that have passed and the exit polling data is that the electorate is more progressive than the candidates,” Vitale said. “The American public seems very open to a total rethink on the drug war and economic justice.”This article was published in partnership with the Marshall Project, a nonprofit news organization covering the US criminal justice system. 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