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Jared Polis on Drugs

 

 


Expunge records for first drug offenders after probation.

Polis co-sponsored Federal First Offender Improvement Act

Congressional Summary: Amends the federal criminal code to extend the pre-judgment probation and expungement procedures for simple possession of a controlled substance to individuals who are convicted of drug trafficking or of attempting or conspiring to commit a drug offense. Sets forth requirements for granting pre-judgment probation for drug trafficking or of attempting or conspiring to commit a drug offense, including that:

  1. the offender did not use violence or credible threats of violence or possess a firearm or other dangerous weapon while committing the offense;
  2. the offense did not result in death or serious injury to any person;
  3. the offender was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in a continuing criminal enterprise; and
  4. the offender has not been previously convicted of a crime of violence or other offense punishable by a prison term of more than one year.
Provides for a period of such probation of up to two years. Eliminates the requirement that an offender seeking expungement of a record of a disposition be less than 21 years old at the time of the offense.
Source: H.R.2567 11-H2567 on Jul 15, 2011

Exclude industrial hemp from definition of marijuana.

Polis co-sponsored Industrial Hemp Farming Act

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.

Source: HR1831/S3501/HR525(2013) 12-S3501 on Aug 2, 2012

Sponsored no federal enforcement against legal state marijuana.

Polis co-sponsored Respect State Marijuana Laws Act

Congressional Summary:The Respect State Marijuana Laws Act: The provisions of [federal law] related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.

Proponent's argument for bill: (PolicyMic.com): While the bill does not attempt to legalize the drug in individual states, it would immunize individuals in states taking measures to reform marijuana laws from federal prosecution. Currently, 18 states allow patients with qualifying conditions to use medical marijuana with recommendations from their physicians. Support for the bill arises from not just moral, but practical and financial grounds: The marijuana industry costs U.S. taxpayers roughly $42 billion annually in enforcement costs and lost tax revenues.

Opponent's argument against bill: (USA Today 8/29/13 and the Drug Free America Foundation dfaf.org): The Justice Department will not attempt to challenge state laws that allow for the medical and recreational use of marijuana as long as the drug sales do not conflict with eight new federal enforcement priorities. "We are very disappointed that Eric Holder's not doing his job,'' said the executive director of the Drug Free America Foundation. "It is his job to enforce our nation's laws. He has created what will become a tsunami that will most likely result in far too many young people becoming victims of chemical slavery."

Peter Bensinger, former administrator of the Drug Enforcement Administration, said Holder's action amounted to a violation of the law. "He's not just abandoning the law," Bensinger said, "he's breaking the law; he's putting the people of Washington and Colorado at risk. He's violating the treaty obligations of this country. He's telling the world we don't really follow the law here."

Source: H.R.1523 13-H1523 on Apr 12, 2013

Exempt industrial hemp from marijuana laws.

Polis signed Industrial Hemp Farming Act

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):

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

Source: S.359/H.R.525 14_H0525 on Feb 14, 2013

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

Polis scores A+ by the NORML on drug reform

OnTheIssues.org interprets the 2016 NORML scores as follows:

About NORML (from their website, www.norml.org):

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.

Source: NORML website 16_NORML on Nov 8, 2016

2016-17 Governor, House and Senate candidates on Drugs: Jared Polis on other issues:
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