Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms (U.S. Senate Committee on the Judiciary, Subcommittee on Criminal Justice and Counterterrorism)

Hearing	Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms
Committee	U.S. Senate Committee on the Judiciary, Subcommittee on Criminal Justice and Counterterrorism
Date	July 26, 2022

 

Hearing Takeaways:

• The Current Federal Prohibition of Cannabis: The hearing largely focused on the federal government’s current prohibition of cannabis and its impacts on the U.S. criminal justice system, crime, minority communities, research, and medicine.
  • Marijuana-Related Arrests and Convictions: Subcommittee Democrats, Dr. Burnett, Chief Jackson, and Mr. Angelos raised concerns over the U.S.’s high number of marijuana-related arrests and convictions. They stated that these arrests and criminal convictions often prevented people from voting, accessing housing, accessing education, and obtaining legal jobs, which in turn made them more susceptible to engage in illicit activity. Subcommittee Ranking Member Tom Cotton (R-AR), Mr. Cook, and Mr. Berenson stated however that most federal cannabis prison sentences were related to high-level drug traffickers involved in violent criminal activity, international criminal activity, and gang activity. Mr. Cook also noted how many cannabis-related convictions were the result of plea deals in which defendants pled guilty to cannabis offenses to avoid prosecution for their other offenses. Mr. Berenson further stated that there would continue to occur cannabis arrests if the U.S. were to make cannabis fully legal.
  • Impact of Cannabis-Related Arrests and Convictions Minority Communities: Subcommittee Democrats, Dr. Burnett, Chief Jackson, and Mr. Angelos expressed concerns that cannabis-related arrests and convictions were particularly impacting minority communities. They noted how minorities were more likely to be arrested for and convicted of cannabis-related offenses, despite equal cannabis usage rate across races. Subcommittee Ranking Member Cotton and Mr. Cook asserted that cannabis-related arrests and convictions were not being made in a racially discriminatory manner. Mr. Cook noted that law enforcement agencies tended to disproportionately allocate their resources to high crime areas, which were disproportionately minority communities. He commented that this dynamic led to a disproportionate number of arrests in minority communities. He further stated that the notion that the U.S. criminal justice system was systemically racist was destructive because it demonized and demoralized the vast majority of law enforcement agents, prosecutors, and judges.
  • Impact on Violent Crime: Subcommittee Chairman Cory Booker (D-NJ) and Chief Jackson raised concerns that the U.S.’s focus on arresting low-level nonviolent cannabis users was detracting from the priorities of law enforcement agencies. Mr. Berenson highlighted however that the first states that had legalized the recreational use of cannabis had experienced “significant” negative changes in public safety over the previous decade. He acknowledged that while these trends were correlative at this point, he asserted that the promise that cannabis legalization would aid public safety and reduce violent crime had proven “demonstrably” untrue.
  • Cannabis Research Restrictions: Subcommittee Democrats and Dr. Burnett noted how the status of cannabis as a Schedule I drug under the Controlled Substances Act had precluded federal research regarding cannabis’s health impacts. They stated that this lack of research had rendered policymakers unable to make informed marijuana policy decisions. Dr. Burnett called on the U.S. to provide universities with assurances that cannabis research would not result in a loss of federal funding.
  • Cannabis Prescribing Restrictions: Sen. Amy Klobuchar (D-MN) noted how U.S. Department of Veterans’ Affairs (VA) physicians were currently barred from discussing medical marijuana as a treatment option for health conditions. She mentioned how she was a co-sponsor of legislation that would allow for VA physicians to discuss medical marijuana treatment options with their patients. Dr. Burnett stated that the current restrictions on the abilities of VA physicians to discuss medical marijuana with their patients was leading veterans to receive suboptimal care.
• Cannabis Decriminalization and Legalization: The hearing also focused on efforts to decriminalize and legalize cannabis at both the federal and state levels. There are currently 38 states and the District of Columbia that have legalized cannabis for medical use. Moreover, 19 states and the District of Columbia have legalized cannabis for adult recreational use. Subcommittee Chairman Cory Booker (D-NJ) mentioned how the majority Americans supported legalizing marijuana for medical and recreational uses.
  • The Cannabis Administration and Opportunity Act: Subcommittee Democrats, Dr. Burnett, Chief Jackson, and Mr. Angelos expressed support for the Cannabis Administration and Opportunity Act. This legislation would legalize marijuana at the federal level, provide support to communities that were disproportionately impacted by the U.S.’s cannabis policies, and establish a regulated market for cannabis businesses. Dr. Burnett recommended that the legislation be amended to encourage law enforcement agencies to deprioritize cannabis enforcement through Cop and Byrne Justice Assistance Grants. He also recommended that the Committee strengthen the Cannabis Administration and Opportunity Act’s provisions that would allow for a gradual transition to interstate commercial activity. He commented that this approach would help states to protect their social equity programs from being co-opted by large corporate interests.
  • The Secure and Fair Enforcement (SAFE) Banking Act of 2021: Subcommittee Democrats and Dr. Burnett also expressed support for the SAFE Banking Act of 2021. This legislation would allow for financial institutions to offer banking services to legally operating cannabis businesses. Subcommittee Ranking Member Tom Cotton (R-AR) remarked however that cannabis businesses already have sufficient access to banking services.
  • Support for Communities Historically Impacted by Cannabis Prohibition: Subcommittee Democrats and Dr. Burnett asserted that the U.S. must provide opportunities for historically marginalized groups to participate in the legal cannabis market and provide support for communities harmed by the War on Drugs. They noted how only 1 percent of cannabis businesses were African American-owned and that minority-owned cannabis businesses faced challenges in competing with larger cannabis businesses. They raised concerns that the absence of support for these minority-owned cannabis businesses could lead to regulatory capture and commercial consolidation within the cannabis space.
• Concerns About Cannabis Legalization: Subcommittee Members and the hearing’s witnesses further expressed interest and concerns regarding the potential consequences of cannabis legalization.
  • Impacts on Health: Subcommittee Ranking Member Tom Cotton (R-AR) and Mr. Berenson remarked that there were numerous negative health effects associated with marijuana use, including heart problems, brain damage, lung damage, impaired driving, mental health disorders, and addiction. They stated that young people were especially suspectable to these negative health impacts. Mr. Berenson further raised concerns over how the THC content in cannabis was increasing and commented that the long-term health impacts of this significant THC use were currently unknown. Dr. Burnett argued however that an increase in cannabis potency would likely lead cannabis users to use less of the substance.
  • Impacts on Past Sentencing: Subcommittee Ranking Member Cotton and Mr. Cook criticized legislative proposals (like the Cannabis Administration and Opportunity Act) that would expunge the criminal records of illegal alien traffickers and gang members and commented that it would reduce the sentences for certain repeat criminals. They noted that marijuana traffickers broke the law when they engaged in the trafficking activity and asserted that these traffickers ought to face the consequences for their actions. Mr. Cook also stated that retroactive changes to criminal law resulted in “substantial” prosecutorial and judicial resources being diverted to the review and re-litigation of past cases. He further raised concerns that the expungement of cannabis-related offenses would release defendants based exclusively on the offensive conviction without regard to the possibility that other serious charges may have been dismissed as part of a plea agreement or not pursued at all. Mr. Angelos argued however that expungements of federal cannabis offenses were critical to providing second chances. He stated that his cannabis conviction prevented him from fully participating in society, despite having received a presidential pardon.
  • Impact on Illegal Marijuana Operations: Subcommittee Chairman Booker and Dr. Burnett stated that federal cannabis legislation would enable legitimate cannabis businesses to outcompete the illicit actors within the cannabis space. They noted how these illicit actors did not comply with the same tax, labor, and licensing requirements as legitimate businesses, which allowed them to offer more price, competitive products. Subcommittee Chairman Booker also mentioned how the U.S. Congressional Research Service (CRS) had found that marijuana trafficking from Mexican drug cartels had decreased because of the U.S.’s growing legal market. Mr. Cook and Mr. Berenson argued however that cannabis legalization would not eliminate illicit actors from the cannabis market and would instead reduce certain costs for these illegal businesses (such as smuggling costs). They stated that legalized cannabis would promote illicit cannabis business activity and increase demand for a product that they viewed as harmful.
  • Marketing of Marijuana-Related Products to Children: Full Committee Chairman Dick Durbin (D-IL) stated that Congress must work to ensure that marijuana-related products would not be marketed to children as it worked to ease restrictions on marijuana. He specifically asserted that the U.S. should not permit flavored vaping products. Dr. Burnett stated that the current federal prohibition on cannabis prevented the U.S. from developing public health education campaigns about responsible cannabis use. He mentioned how Colorado’s public health department had created such a campaign following the state’s legalization of marijuana and highlighted how the state’s youth marijuana use rate had decreased following this legalization.
  • Health Claims of Cannabis-Related Products: Full Committee Chairman Durbin also stated that the U.S. must ensure the veracity of any health claims made by cannabis products and called for ingredient labeling on cannabis products. He noted that the U.S. Food and Drug Administration (FDA) currently did not evaluate most of the claims made by cannabis products.
  • Cannabis Impairment Detection: Sen. Sheldon Whitehouse (D-RI) and Chief Jackson discussed how it was more difficult to detect cannabis in one’s system than it was to detect alcohol in one’s system. They noted how there did exist drug recognition training that appeared to help police detect cannabis impairment. They stated however that the subjective nature of this testing made it more difficult for prosecutors to obtain convictions for cannabis-impaired driving. Chief Jackson recommended that the federal government support the development of better cannabis-impaired driving detection training programs for local law enforcement agencies.

Hearing Witnesses:

1. Dr. Malik Burnett, Medical Director, Maryland Department of Health’s Center for Harm Reduction Services
2. Chief Edward Jackson, Annapolis Police Department
3. Mr. Weldon Angelos, President and Co-Founder, The Weldon Project
4. Mr. Steven H. Cook, Former U.S. Associate Deputy Attorney General
5. Mr. Alex Berenson, Author, Former New York Times Reporter

Member Opening Statements:

Subcommittee Chairman Cory Booker (D-NJ):

• He remarked that the U.S.’s federal prohibition of cannabis had failed to make communities safer, failed to reflect modern science and contemporary values, and harmed the U.S.’s most vulnerable populations.
  • He indicated that these vulnerable populations included veterans, low-income communities, and communities of color.
• He discussed how an increasing number of states and localities were moving to legalize or decriminalize cannabis each year and mentioned how these efforts had been bipartisan.
• He called the federal government “out of step” with the majority of U.S. regarding cannabis legalization.
  • He noted how the federal government currently viewed cannabis to be as dangerous and as medically useless as heroin.
• He highlighted how the U.S. prosecuted “hundreds” of people each year for low-level cannabis offenses and stated that the U.S.’s prohibition on cannabis was part of the U.S.’s disastrous War on Drugs.
  • He noted that while Black and White Americans used cannabis at “roughly” the same rate, he indicated that Black Americans were more than three-and-a-half times more likely to be arrested for cannabis possession. 
• He also highlighted how the U.S. had more cannabis arrests in 2019 than arrests for all violent crimes combined.
• He remarked that the U.S.’s focus on arresting low-level nonviolent cannabis users was detracting from the priorities of law enforcement agencies.
  • He asserted that the U.S. should aim to punish and deter far more dangerous violent crimes.
• He also mentioned how the U.S. had arrested millions of people of color for cannabis-related offenses, which restricted these people from accessing jobs, health care, housing, and other opportunities post-release.
• He remarked that the U.S.’s prohibition on cannabis had failed and stated that the illicit market for cannabis was still thriving.
  • He highlighted how the U.S. Department of Justice (DoJ) chose not to enforce the federal prohibition on cannabis against people in compliance with the cannabis laws in their states.
• He applauded states for their new cannabis policies and noted how 38 states and the District of Columbia had legalized cannabis for medical use.
  • He added that 19 states and the District of Columbia had also legalized cannabis for adult recreational use.
• He predicted that more states would move to legalize cannabis in the coming years and mentioned how 91 percent of Americans supported legalizing marijuana for medical use.
  • He further noted that 68 percent of Americans supported legalizing marijuana for adult recreational use.
• He highlighted how state cannabis legalization efforts had led to fewer arrests and had decreased the racial disparities in those arrests.
• He mentioned how he had recently introduced the Cannabis Administration and Opportunity Act, which would legalize marijuana at the federal level, provide support to communities that were disproportionately impacted by the U.S.’s cannabis policies, and establish a regulated market for cannabis businesses. 
  • He commented that this legislation would combine aspects of restorative justice and economic justice.

Subcommittee Ranking Member Tom Cotton (R-AR):

• He first contended that the U.S. marijuana legalization movement was not about medical marijuana and noted how nearly every state in the U.S. possessed some type of state law or program for medical marijuana.
  • He commented that some of these programs were tightly regulated while other programs lacked any guardrails.
• He noted how Congress had passed laws since 2014 that prevent the DoJ from interfering in state medical marijuana programs.
• He also contended that the U.S. marijuana legalization movement was not about having financial institutions provide banking services to cannabis businesses and stated that cannabis businesses currently had sufficient access to banking services.
  • He noted how the U.S. Financial Crimes Enforcement Network (FinCEN) reports that there are over 750 banks and credit unions that provide banking services to cannabis businesses that were compliant with state laws.
• He then asserted that federal marijuana laws did not constitute a racial justice issue and that federal prisons were not filled with low-level non-violent drug possessors.
  • He noted that there were very few federal marijuana cases, that 80 percent of federal marijuana offenders were either White or Latino, and that the vast majority of federal marijuana offenders were caught trafficking marijuana in southern border districts.
  • He further indicated that the median penalty for federal marijuana offenses was 18 months.
• He further remarked that the U.S. marijuana legalization movement was not about conducting research on the potential medical purposes of marijuana.
• He stated that there was currently no shortage of marijuana research and commented that much of this research was shedding light on the “enormous” negative health effects of marijuana on the human body.
  • He indicated that these negative health effects included heart problems, brain damage, lung damage, impaired driving, mental health disorders, and addiction.
• He asserted that the dangers of marijuana for young Americans were especially acute and mentioned how recent studies had linked youth marijuana use with a higher likelihood of committing violent crimes and suicides.
• He acknowledged however that there did exist potential health benefits of marijuana-related chemicals in controlled settings and highlighted how there existed some drugs using these chemicals to treat seizures and help cancer patients.
  • He mentioned how both the U.S. Drug Enforcement Agency (DEA) and the FDA had “greatly expanded” approvals for marijuana research.
• He remarked that the Cannabis Administration and Opportunity Act under consideration sought to legalize and commercialize marijuana nationwide, eliminate federal limits on recreational marijuana use, and improve the availability of marijuana.
  • He criticized the legislation for its provisions to expunge the criminal records of illegal alien traffickers and gang members and commented that legislation would reduce the sentences for certain repeat criminals.
  • He noted that marijuana traffickers broke the law when they engaged in the trafficking activity and asserted that these traffickers ought to face the consequences for their actions.
• He stated that marijuana was illegal under federal law because it has no accepted medical use, it is dangerous, and it is addictive.
  • He commented that these statements were based on 2016 FDA findings.

Full Committee Chairman Dick Durbin (D-IL):

• He highlighted how 38 states and the District of Columbia have legalized cannabis for medical use and how 19 states (including his state of Illinois) have either legalized or decriminalized recreational cannabis use for adults over the age of 21.
  • He asserted that the criminal enforcement approach to marijuana regulation has resulted in “serious injustice.”
• He mentioned how marijuana arrests were the largest single category of arrest in the U.S. and highlighted how annual marijuana arrests were larger than the total number of arrests for all violent crimes combined.
• He discussed how arrests carried consequences (including incarceration in some instances) and asserted that the public health benefits derived from marijuana criminalization remained unclear.
• He also stated that there existed significant racial disparities in the U.S.’s criminal enforcement of marijuana laws.
  • He noted that African Americans, Latinos, and Native Americans were arrested and prosecuted for marijuana offenses at much higher rates than White Americans, despite data indicating that marijuana use was “quite similar” across all of these groups.
• He contended that the U.S. must provide opportunities for historically marginalized groups to participate in the legal cannabis market.
  • He also asserted that the U.S. should direct a “substantial” portion of cannabis tax revenues to communities harmed by the War on Drugs.
• He then mentioned how he was a cosponsor of two marijuana-related bills: the Cannabidiol and Marihuana Research Expansion Act and the SAFE Banking Act of 2021.
  • He explained that the Cannabidiol and Marihuana Research Expansion Act would encourage scientific and medical research on marijuana and its compounds through removing some of the barriers to research in federal law.
  • He explained that the SAFE Banking Act of 2021 would allow for financial institutions to offer banking services to legally operating cannabis businesses.
• He stated however that Congress must work to ensure that marijuana-related products would not be marketed to children as it worked to ease restrictions on marijuana.
  • He specifically asserted that the U.S. should not permit flavored vaping products.
• He also stated that the U.S. must ensure the veracity of any health claims made by cannabis products and called for ingredient labeling on cannabis products.
  • He noted that the FDA currently did not evaluate most of the claims made by cannabis products.

Witness Opening Statements:

Dr. Malik Burnett (Maryland Department of Health’s Center for Harm Reduction Services):

• He contended that the U.S. should end cannabis prohibition and called this prohibition a “failed policy.”
• He remarked that the U.S.’s cannabis policy landscape was inconsistent and commented that wealthy, White, and well-connected Americans were able to freely consume cannabis, start cannabis companies, and generate tax revenues for states with legal cannabis programs.
  • He stated however that low-income people, marginalized communities, and communities of color were being arrested for merely possessing the cannabis plant and were dealing with the collateral consequences associated with criminal convictions.
• He discussed how states had sought to address the inequalities stemming from cannabis prohibition through passing policies that promote social equity in cannabis commerce and restorative justice within the criminal system.
• He also mentioned how there had been several federal bills introduced to address the “panoply” of harms associated with cannabis-related convictions that have been selectively enforced and aimed at Black and LatinX communities.
  • He indicated that these harms included arrests, incarceration, loss of employment, loss of housing opportunities, loss of financial aid eligibility, loss of child custody, and compromised immigration status.
• He applauded the recently introduced Cannabis Administration and Opportunity Act for addressing the aforementioned harms and for supporting historically harmed communities.
• He then mentioned how over 350,000 citizens had been arrested for cannabis in 2020 and indicated that 90 percent of these arrests were for simple possession.
• He highlighted how people of color were more likely to be arrested for cannabis-related offenses, be convicted for these offenses, and receive harsher sentences.
  • He commented that these trends were in spite of equal cannabis usage rates across races.
• He also remarked that the hypothesis that marijuana served as a “gateway” drug to other drugs had been thoroughly debunked and discredited.
  • He further stated that there were multiple studies indicating that the legalization of cannabis will not cause youth cannabis use to rise.
• He recommended that the Committee instead use the hearing to focus on improving the Cannabis Administration and Opportunity Act’s provisions.
  • He suggested that the legislation could encourage law enforcement agencies to deprioritize cannabis enforcement through Cop and Byrne Justice Assistance Grants.
• He also recommended that the Committee strengthen the Cannabis Administration and Opportunity Act’s provisions that would allow for a gradual transition to interstate commercial activity for cannabis.
  • He commented that this approach would help states to protect their social equity programs from being co-opted by large corporate interests.

Chief Edward Jackson (Annapolis Police Department):

• He remarked that he spent too much time as a law enforcement professional arresting people for the sale and possession of cannabis and called on the U.S. to end the federal prohibition on cannabis.
  • He expressed his support for the Cannabis Administration and Opportunity Act and commented that this legislation would improve public safety and heal police-community relations.
• He stated that there was nothing inherently violent regarding the sale, possession, or use of cannabis and asserted that the current federal prohibition on cannabis was fueling violence and crime.
  • He mentioned how states with legal cannabis had cannabis sold through licensed dispensaries that ensure the safety of their products, pay taxes, and verify the ages of customers.
• He noted how the Cannabis Administration and Opportunity Act would remove cannabis from the federal list of controlled dangerous substances and asserted that this law would enable law enforcement to focus on higher priority areas.
  • He highlighted how the U.S. Federal Bureau of Investigations (FBI) had found that more people were arrested for cannabis-related crimes than for all other violent crimes combined.
• He stated that cannabis arrests were failing to remove cannabis from neighborhoods and noted how new people often took over the cannabis dealing activities of arrested persons.
• He contended that cannabis prohibition merely perpetuated a “vicious” cycle of people entering and leaving the U.S. criminal justice system.
  • He highlighted how criminal convictions and arrests often prevented people from obtaining legal jobs, which made them more susceptible to engage in illicit activity.
• He also remarked that the Cannabis Administration and Opportunity Act would help to improve community-police relations and asserted that the current prohibition on cannabis was making communities distrustful of police officers.
  • He commented that community trust was key for enabling police officers to solve crimes.

Mr. Weldon Angelos (The Weldon Project):

• He recounted his experience working as a music producer and selling small amounts of cannabis to help support himself financially.
• He stated that his association with hip hop music made him a target for law enforcement and indicated that he was convicted on 16 federal counts for selling roughly $300 in cannabis to a confidential informant.
  • He mentioned how he had a mandatory minimum sentence under federal law because he had a lawfully possessed firearm, even though he had neither brandished nor used the firearm during his cannabis transactions.
• He testified that he was sentenced to 55 years for his cannabis dealing because of federal mandatory minimum sentence laws.
  • He mentioned how he was released from prison in 2016 after serving 13 years of his sentence and subsequently received a full pardon in 2020.
• He indicated that he now worked to end cannabis prohibition and mass incarceration policies and highlighted his efforts to pass the First Step Act of 2018.
  • He also mentioned how he had founded the Weldon Project, which he explained was a non-profit organization that worked to provide relief to individuals convicted of cannabis offenses.
• He remarked that federal cannabis reform must include the release of federal cannabis offenders, a true expungement and sealing of records, and the creation of “meaningful” opportunities for the formerly incarcerated upon release.
  • He noted how there were nearly 3,000 people currently serving cannabis-related federal prison sentences and tens of thousands of people with cannabis-related arrests, convictions, and sentences.
• He applauded the recently introduced Cannabis Administration and Opportunity Act and commented that the legislation would help to end the harmful criminal justice impacts of cannabis prohibition.
  • He indicated that this legislation would empower states to set their own cannabis policies.
• He also remarked that Congress must address the residual effects of cannabis convictions and noted how people with these convictions could lose the right to vote, other civil liberties, and lawful opportunities afforded to others in education and public housing.
  • He further noted how cannabis convictions had adverse impacts on credit scores and could either impede or prevent employment in many instances.
• He testified that he remained unable to participate in his home state of Utah’s legal medical cannabis industry, despite having received a presidential pardon.
  • He also mentioned how his criminal history had prevented him from accessing credit, capital, and financing in California, even though cannabis was now legal within that state.
• He stated that the Cannabis Administration and Opportunity Act would be “life changing” for individuals incarcerated because of cannabis offenses and highlighted how many of these individuals were people of color.
• He further called on the U.S. to provide opportunities and resources to support prisoner reentry into society and establish a pathway for expungement for individuals with cannabis convictions.

Mr. Steven H. Cook (Former U.S. Associate Deputy Attorney General):

• He contended that the Cannabis Administration and Opportunity Act was based on five myths and indicated that his written testimony addressed all five of the myths.
  • He indicated however that his oral testimony would address just three of these myths.
• He remarked that the first myth underlying the Cannabis Administration and Opportunity Act was that the U.S. criminal justice system was systemically racist.
• He stated that this myth was entirely based on the fact that minorities were arrested and incarcerated for drug distribution offenses at a rate greater than their representation in the general population.
  • He noted that while younger and middle-aged minority males were convicted and incarcerated at higher rates relative to their representation in the general population, he asserted that there was no evidence that bias was driving these higher conviction and incarceration rates.
• He called drug trafficking an inherently violent, harmful, and serious criminal activity and commented that drug traffickers ought to be held responsible for their actions, regardless of their age, race, or gender.
• He stated that the notion that the U.S. criminal justice system was systemically racist was destructive because it demonized and demoralized the vast majority of law enforcement agents, prosecutors, and judges.
  • He added that this notion unfairly undermined confidence in the U.S. criminal justice system.
• He then remarked that the second myth underlying the Cannabis Administration and Opportunity Act was that the retroactive application of changes in the law do no harm.
  • He stated that retroactive changes to criminal law resulted in “substantial” prosecutorial and judicial resources being diverted to the review and re-litigation of past cases.
• He also raised concerns that the Cannabis Administration and Opportunity Act would release defendants based exclusively on the offensive conviction without regard to the possibility that other serious charges may have been dismissed as part of a plea agreement or not have been pursued at all.
• He further stated that individuals that had elected to engage in cannabis-related activities did not do so to promote a social cause and contended that Congress should not expunge these convictions.
  • He asserted that these individuals had instead blatantly disregarded the laws of the nation for personal enrichment and that their actions had perpetuated and promoted violent international criminal activity.
• He then remarked that the third myth underlying the Cannabis Administration and Opportunity Act was that legalizing marijuana would undermine illegal marijuana trading activity.
  • He mentioned how Mexican drug cartels were making billions of dollars annually from U.S. drug sales and commented that a “substantial” part of that income came from marijuana.
• He asserted that the notion that drug cartels would stop their activities following the legalization of marijuana was naive and unfounded.
  • He stated that Mexican drug cartels had taken advantage of the legalization of marijuana through growing the plant within the U.S., which reduced their costs associated with smuggling activities.
• He also contended that Mexican drug cartels had much lower business costs than legal marijuana businesses because they did not comply with labor, tax, or licensing laws.
  • He cited an estimate that found that legal marijuana only made up between 10 percent and 20 percent of California’s legal marijuana market, despite the fact that marijuana had already been legalized for five years.
• He called legal marijuana a “win-win” for organized crime because it allowed for illicit actors to operate at reduced costs in a market with “significantly” increased consumption and demand.

Mr. Alex Berenson (Author, Former New York Times Reporter):

• He mentioned how his book Tell Your Children: The Truth About Marijuana, Mental Illness and Violence had looked into the links between cannabis, psychosis, and violence.
  • He noted that the book had presented “strong” evidence that early cannabis use could sharply increase the risk for schizophrenia.
  • He also highlighted how cannabis could cause short-term paranoid and psychotic episodes in many users.
• He also remarked that regular cannabis use impacted mental health in more subtle ways and noted how people could experience “severe” rebound anxiety if they abruptly stopped their cannabis use.
  • He further noted how regular cannabis use was associated with increased rates of suicidal ideation and suicide attempts.
• He discussed how schizophrenia made people more susceptible to violence and asserted that the legalization, commercialization, or promotion of any drug that might raise the likelihood of schizophrenia and other mental illnesses was fraught with risk.
  • He called it unsurprising that the cannabis industry and cannabis legalization advocates had sought to downplay the connection between cannabis use and mental illness.
• He also discussed how cannabis legalization had led cannabis to become more potent and raised concerns over the increasing use of near pure THC extract.
  • He noted how THC extracts were often odorless and colorless, which enabled discrete use.
• He remarked that the most frightening aspect of the U.S.’s current experiment with cannabis legalization was that the studies showing the link between cannabis, psychosis, and other mental illnesses were often dependent on data that were between 10 and 40 years old.
  • He commented that this data did not capture the “astonishing” rise in the potency of cannabis over the previous decade.
• He stated that the cannabis industry was most focused on serving daily cannabis users with more potent products because these users were responsible for the majority of the industry’s revenue.
  • He mentioned how heavy cannabis use had “sharply” increased over the previous 20 years while causal cannabis use had risen at a much slower pace over the same period.
• He noted how heavy cannabis users often used over 100 milligrams of THC per sitting and commented that the long-term health impacts of this significant THC use were currently unknown.
• He highlighted how the first states that had legalized the recreational use of cannabis had experienced “significant” negative changes in public safety over the previous decade.
  • He acknowledged that while these trends were correlative at this point, he asserted that the promise that cannabis legalization would aid public safety and reduce violent crime had been proven “demonstrably” untrue.

Congressional Question Period:

Full Committee Chairman Dick Durbin (D-IL):

• Chairman Durbin discussed how Mr. Angelos’s excessive sentence for selling cannabis had informed the Committee’s work on various criminal justice reform measures. He asked Mr. Angelos to respond to Mr. Cook’s assertion that federal marijuana laws were not being applied in a racially biased manner.
  • Mr. Angelos testified that “nearly everyone” he met in prison that was incarcerated for a cannabis-related crime was Black or Latino.
• Chairman Durbin commented that the incarceration statistics comported with Mr. Angelos’s response. He then discussed how the federal research agencies had not conducted research into the potential medicinal uses for marijuana. He attributed this lack of research to the fact that marijuana remains a Schedule I drug under the Controlled Substances Act. He asked Dr. Burnett to provide his thoughts about how these research agencies were now beginning to study marijuana’s potential benefits.
  • Dr. Burnett remarked that the cannabis plant possessed “significant potential” regarding its pharmaceutical prospects. He stated that providing universities with assurances that cannabis research would not result in a loss of federal funding would help to foster cannabis research.
• Chairman Durbin remarked that the U.S. should research cannabis to determine whether it did in fact have medical benefits. He then asked Dr. Burnett to indicate whether the U.S. should make a conscious effort to ensure that children could not access cannabis.
  • Dr. Burnett answered affirmatively. He stated that the current federal prohibition on cannabis prevented the U.S. from developing public health education campaigns about responsible cannabis use. He mentioned how Colorado’s public health department had created such a campaign following the state’s legalization of marijuana. He highlighted how Colorado’s youth marijuana use rate had decreased following this legalization.

Subcommittee Ranking Member Tom Cotton (R-AR):

• Ranking Member Cotton first asked Dr. Burnett to answer whether he had a financial interest in the legalization of marijuana.
  • Dr. Burnett answered no.
• Ranking Member Cotton then asked Mr. Cook to address whether it was common for people to be arrested, convicted, and incarcerated for the possession of small amounts of marijuana.
  • Mr. Cook remarked that federal courts did not send people to prison for possession of small amounts of marijuana. He stated that federal courts mainly focused on high-level drug traffickers involved in violent criminal activity, international criminal activity, and gang activity. He mentioned how the U.S. Sentencing Commission’s information indicated that simple marijuana possession cases almost all stemmed from seizures near the U.S.-Mexico border. He further noted how the average simple marijuana possession case involved a seizure of 48 pounds of marijuana.
• Ranking Member Cotton then mentioned how Mr. Berenson had stated that marijuana was not harmless according to all of the available scientific research. He asked Mr. Berenson to address why this statement drew attacks from marijuana advocates and certain media outlets.
  • Mr. Berenson stated that cannabis was already effectively legal in most of the U.S and that the mainstream culture now promoted cannabis use. He called it unlikely for these trends to reverse. He remarked however that the cannabis industry continued to view itself as a countercultural force and sought to quell any conversations about the problems associated with cannabis. He also stated that there would continue to occur cannabis arrests if the U.S. were to make cannabis fully legal. He noted how alcohol was legal within the U.S. and how there were large numbers of alcohol-related arrests. He raised concerns with the prospects of a fully legal commercial marijuana industry that sought to downplay the mental health consequences associated with cannabis use.
• Ranking Member Cotton then asked Mr. Cook to indicate whether many jurisdictions had effectively decriminalized cannabis possession through not prioritizing cannabis possession arrests and prosecutions.
  • Mr. Cook answered affirmatively.
• Ranking Member Cotton stated that this decriminalization was different from legalization and commercialization.
  • Mr. Berenson expressed agreement with Ranking Member Cotton’s statement. He remarked that most Americans likely believed that people should not be incarcerated for cannabis possession. He stated however that many Americans might be less comfortable with the existence of a commercial industry that promotes cannabis use.
• Ranking Member Cotton then discussed how the alcohol industry was very profitable. He asked Mr. Berenson to address whether the alcohol industry’s profitability was attributable to its monopolistic nature.
  • Mr. Berenson stated that he was not an expert on the alcohol industry. He remarked that the commercialization of cannabis had proven problematic in certain states because many cannabis users were used to purchasing illicit cannabis. He commented that this tendency led many cannabis users to purchase illicit cannabis (which is generally cheaper). He stated that this situation had led California’s cannabis industry to complain that they were uncompetitive with the illegal market and to request tax breaks. He called this situation the “worst of both worlds” in that there was a commercial industry that was promoting a harmful product and illicit parties remaining involved in the market.

Sen. Alex Padilla (D-CA):

• Sen. Padilla remarked that Congress should pass comprehensive legislation to deschedule, legalize, and regulate marijuana. He recounted his state of California’s experience with cannabis legalization and commented that California’s marijuana policies were largely voter driven. He stated that the Cannabis Administration and Opportunity Act could help the U.S. to achieve the descheduling, legalization, and regulation of marijuana. He also mentioned how this legislation would require the expungement of federal non-violent cannabis convictions and provide for resentencing for individuals currently incarcerated for marijuana offenses. He further noted how the legislation would limit the negative consequences for certain immigration proceedings stemming from marijuana offenses, prevent discrimination with respect to public benefits, and assist state efforts to provide loans and establish licensing programs for small cannabis businesses. He asked Mr. Angelos to address how the expungement of federal marijuana offenses would help people with federal marijuana convictions.
  • Mr. Angelos remarked that expungements of federal marijuana offenses were “absolutely critical.” He stated that he could not fully participate in society, despite having received a presidential pardon. He recounted how his previous felony conviction had prevented him from obtaining an apartment after he had been released from prison.
• Sen. Padilla then asked Dr. Burnett to discuss how the U.S.’s current criminal sentencing system contained racial biases and to address how these biases had exacerbated economic, mental, and educational inequities.
  • Dr. Burnett asserted that the harms associated with cannabis use could not be compared to the harms associated with incarceration. He noted how people with cannabis convictions had “significant” constraints regarding their ability to participate in society. He elaborated that these people faced challenges in terms of obtaining jobs, obtaining apartments, and voting. He stated that the Cannabis Administration and Opportunity Act could help to provide second chances for people with cannabis convictions.
• Sen. Padilla stated that the U.S. criminal justice system disproportionately harmed communities of color and commented that the Committee should be cognizant of this dynamic as it worked to legalize and regulate cannabis. He also highlighted how only 1 percent of cannabis businesses were Black-owned. He then remarked that the enforcement of marijuana offenses had been “incredibly costly” for governments (particularly state and local governments). He further lamented how marijuana enforcement efforts were often aimed at individual offenders rather than large traffickers. He stated that California’s legalization of marijuana for medical and recreational use had enabled law enforcement to focus more on more serious issues. He asked Chief Jackson to discuss how federal cannabis laws diverted resources away from more serious crimes. He also asked Chief Jackson to address how cannabis legalization had enabled his police department to focus on other types of crimes.
  • Chief Jackson remarked that the absences of families, education, and faith-based institutions would lead to “heavy-handed” police forces (especially in minority communities). He asserted that communities must address the root causes of crime. He mentioned how Annapolis ran a prisoner reentry program focused on removing the released prisoners from dangerous environments and helping these released prisoners to find jobs. He called for more federal support for these types of reentry programs. He noted how the majority of the people in Annapolis’s prisoner reentry program were minority men. He then recounted how he was initially trained to target African American males when pursuing drug crimes during his early years on the Baltimore police force. He stated that he now sought to address the social causes of crime so that his police department could prevent crimes from occurring in the first place. He remarked that the passage of the Cannabis Administration and Opportunity Act would signal that the U.S. was serious about prison reform and addressing mass incarceration.
• Note: Sen. Padilla’s question period time expired here.

Sen. John Cornyn (R-TX):

• Sen. Cornyn asked Dr. Burnett to address whether the smoking of combustible marijuana had adverse health impacts that were similar to those stemming from the smoking of combustible tobacco.
  • Dr. Burnett testified that the research on the adverse health impacts of smoking combustible marijuana was not as clear as the research on the adverse health impacts of smoking combustible tobacco.
• Sen. Cornyn then noted how the FDA had determined that marijuana had a high potential for abuse and did not have any accepted medical use. He asked Dr. Burnett to indicate whether he agreed with this determination from the FDA.
  • Dr. Burnett stated that the FDA ought to revisit its determination that marijuana had a high potential for abuse and did not have any accepted medical use.
• Sen. Cornyn also noted how former U.S. Surgeon General Jerome Adams had issued an advisory highlighting that the THC concentration in cannabis products had increased in recent years. He mentioned how former U.S. Surgeon General Adams had also warned about the effects that marijuana use had on developing brains. He asked Dr. Burnett to indicate whether he shared these concerns.
  • Dr. Burnett remarked that there did exist concerns related to youth cannabis use. He then stated that an increase in cannabis potency would likely lead cannabis users to use less of the substance.
• Sen. Cornyn commented that most users did not know the potency of the cannabis that they were consuming.
  • Dr. Burnett stated that cannabis products would need to be regulated to address potency risks. He commented that regulation could provide testing of cannabis potency so that consumers could make informed decisions.
• Sen. Cornyn then asked Chief Jackson to confirm that states and localities were currently using their discretion to not prosecute simple marijuana possession cases.
  • Chief Jackson remarked that states and localities were prosecuting simple marijuana possession cases through citations.
• Sen. Cornyn asked Chief Jackson to clarify whether his previous statements were referring to just simple marijuana possession cases or to any possession of marijuana (including large quantities of marijuana).
  • Chief Jackson noted that Maryland currently did not permit arrests for the possession of 10 grams or less of marijuana. He stated however that simple possession of marijuana had previously led to incarceration.
• Sen. Cornyn asked Chief Jackson to clarify whether he viewed the decriminalization of marijuana to merely apply to personal possession of marijuana or to apply to broader marijuana businesses (both licensed and unlicensed).
  • Chief Jackson remarked that the U.S. should legalize and then tax marijuana in a manner similar to alcohol and tobacco. He stated that the revenue raised from marijuana taxes could support education programs. He also stated that this approach would free up law enforcement agencies to pursue other types of crime.
• Sen. Cornyn asked Chief Jackson to indicate whether there were any other types of drugs that he wanted to decriminalize.
  • Chief Jackson answered no.
• Sen. Cornyn then discussed how vaping and the use of electronic cigarettes was widespread amongst adolescents. He noted how vaping and electronic cigarette products could deliver more potent marijuana-products to users. He asked Mr. Berenson to indicate whether this situation was concerning.
  • Mr. Berenson answered affirmatively and highlighted how it was much easier to consume high quantities of THC with vaping products. He also noted how there did not exist strong evidence that the smoking of cannabis led to lung cancer. He stated however that cannabis had other adverse health impacts associated with it.
• Sen. Cornyn then discussed how drug cartels tended to be “commodity agnostic” and were mainly interested in making money. He asked Mr. Cook to address why cartels were continuing to traffic marijuana within states that had legalized marijuana. He also highlighted how there was significant violent activity associated with cartels.
  • Mr. Cook remarked that legalized marijuana allowed for cartels to move their growing options to the U.S., which reduced their smuggling costs. He stated that cartels were able to unfairly compete with legitimate marijuana businesses because they do not pay taxes, do not comply with licensing requirements, and do not comply with labor laws. He remarked that legalized marijuana resulted in increased demand for the product and consumers often sought out illegal marijuana because it was cheaper. He then discussed how many Mexican cartels were now shifting resources away from growing marijuana (which can be grown in the U.S.) to manufacturing methamphetamines, heroin, and fentanyl.

Sen. Sheldon Whitehouse (D-RI):

• Sen. Whitehouse mentioned how his state of Rhode Island had recently adopted a system for the legalization, regulation, and taxation of cannabis use. He noted how Rhode Island’s police chiefs had raised concerns that cannabis legalization would lead to more cannabis-impaired driving. He stated that it was more difficult to detect cannabis in one’s system than it was to detect alcohol in one’s system. He commented that these detection challenges reduced the quality of the data on cannabis-impaired driving. He noted how there did exist drug recognition training that appeared to help the police to detect cannabis impairment. He stated however that the subjective nature of this testing made it difficult for prosecutors to obtain convictions for cannabis-impaired driving. He asked Chief Jackson to provide recommendations for addressing cannabis-impaired driving, especially given how cannabis use was becoming more widespread and legal.
  • Chief Jackson recommended that the federal government support the development of better cannabis-impaired driving detection training programs for local law enforcement agencies. He noted how field sobriety tests were currently being used to determine cannabis-impairment and acknowledged that these tests were not very reliable. He stated that courts often rejected these tests, especially if no alcohol had been found in the defendant’s bloodstream. He remarked that cannabis-impaired driving should not be permitted and called for more research and better testing to measure cannabis impairment levels.

Sen. Amy Klobuchar (D-MN):

• Sen. Klobuchar noted how marijuana was first classified as a Schedule I drug in 1970 under the Controlled Substances Act. She asked Dr. Burnett to discuss how the medical field’s understanding of marijuana had changed since 1970.
  • Dr. Burnett mentioned how the Shafer Commission (which was a commission formed during the 1970s to study marijuana) had recommended that cannabis not be considered a Schedule I substance under the Controlled Substances Act. He noted how the Commission had warned that such scheduling would result in large numbers of arrests and commented that this warning had subsequently been proven true. He then discussed how the medical community was limited in terms of its ability to research cannabis as a result of cannabis’s Schedule I status. He noted how universities could not fund research into the potential pharmacological and therapeutic benefits of cannabis. He also mentioned how physicians in states with legal cannabis were beginning to hear about the medical benefits of cannabis directly from their patients.
• Sen. Klobuchar noted how her state of Minnesota had legalized marijuana and commented that the state’s researchers still faced challenges when trying to study marijuana. She then stated that there had been “significant” disparities regarding the enforcement of U.S. marijuana laws. She highlighted how Black people were over three times more likely than the general public to be arrested for marijuana possession, despite the fact that marijuana usage rates were fairly similar across races. She expressed support for federal efforts to legalize marijuana and to expunge prior non-violent marijuana offenses. She asked Dr. Burnett to discuss the long-term impacts of federal marijuana criminalization.
  • Dr. Burnett remarked that federal marijuana criminalization was further perpetuating wealth and inequality gaps. He noted how individuals with criminal records had their economic opportunities limited and were prevented from fully participating in society, which led to increased recidivism rates. He stated that this situation resulted in too much spending on law enforcement in communities of color and not enough spending on economic development in said communities.
• Sen. Klobuchar asked Mr. Angelos to address why it was important to expunge certain prior cannabis-related offenses and why this expungement should be part of decriminalization efforts.
  • Mr. Angelos remarked that the current lack of expungement for cannabis-related offenses prevented “true participation in society.” He mentioned how his felony conviction had limited his job prospects. He also noted how he still had difficulty obtaining an apartment, even after having received a presidential pardon. He also recounted how he had almost not been able to attend a White House event about cannabis convictions due to his prior convictions, despite having been invited to attend the event. He concluded that expungement of cannabis-related offenses was “extremely important.”
• Sen. Klobuchar provided Chief Jackson with an opportunity to provide additional comments.
  • Chief Jackson noted how Schedule I drugs under the Controlled Substances Act are supposed to not have any medicinal uses. He highlighted however that marijuana was often used to support the treatment of glaucoma and certain types of cancer. He remarked that policymakers must address this discrepancy.
• Sen. Klobuchar then discussed how many veterans suffered from health conditions like chronic pain. She noted how VA physicians were currently barred from discussing medical marijuana as a treatment option for health conditions. She mentioned how she was a co-sponsor of a bill that would allow for VA physicians to discuss medical marijuana treatment options with their patients. She asked Dr. Burnett to discuss how these limits on VA physicians harmed veterans dealing with pain and post-traumatic stress disorder (PTSD).
  • Dr. Burnett mentioned how he had colleagues that had conducted “extensive” research on the potential therapeutic benefits of cannabis for PTSD. He stated that the current restrictions on the abilities of VA physicians to discuss medical marijuana with their patients was leading veterans to receive suboptimal care.

Subcommittee Chairman Cory Booker (D-NJ):

• Chairman Booker first highlighted how the CRS had found that marijuana trafficking from Mexican drug cartels had decreased because of the U.S.’s growing legal market. He then stated that the police officers that he knew did not proactively target minorities for cannabis-related offenses. He asked Chief Jackson to indicate whether he had a similar experience with police officers that he worked with.
  • Chief Jackson remarked that police officers were now less likely to proactively target minorities for cannabis-related offenses as compared to 30 years ago.
• Chairman Booker noted however that while the U.S.’s marijuana usage was generally equal across races, he indicated that African Americans and Latinos were being charged for cannabis-related offenses at a disproportionate rate. He asked Chief Jackson to explain why these minority communities were being charged at greater rates for cannabis-related offenses.
  • Chief Jackson posited that many minorities often resided in poorer areas and could not afford legal representation.
• Chairman Booker interjected to ask Dr. Burnett to provide his theory for why minority communities were being charged at greater rates for cannabis-related offenses.
  • Dr. Burnett first expressed agreement with Chairman Booker and Chief Jackson that most police officers did not proactively target minorities for cannabis-related offenses. He stated however that disparities in community resources and the larger presences of police officers in communities of color were leading to more arrests for cannabis-related offenses in communities of color.
• Chairman Booker remarked that wealthier police districts tended to provide more leniency to people arrested for cannabis-related offenses as compared to lower income police districts. He asked Dr. Burnett to address why Black people receive 13 percent longer sentences than their White counterparts for the same types of cannabis-related offenses.
  • Dr. Burnett remarked that the U.S. criminal justice system had systemic issues with racism based on its design.
• Chairman Booker then asked Dr. Burnett to answer whether there existed a causal link between marijuana usage and mental health disorders.
  • Dr. Burnett remarked that there was no causal link between cannabis use and mental health disorders. He acknowledged that people with predilections toward mental health disorders that used cannabis could have an exacerbation or an incidence of those mental health disorders occurring. He asserted however that cannabis usage did not trigger mental health disorders and stated that other factors (such as environment, family history, and upbringing) were more responsible for mental health disorders.
• Chairman Booker asked Dr. Burnett to address why federal cannabis legislation would improve public safety and promote equity in law enforcement.
  • Dr. Burnett remarked that federal cannabis legislation would provide clarity to law enforcement agencies on how to address cannabis. He also stated that clarity would enable the U.S. to distinguish more easily between law abiding market participants and illicit actors within the cannabis space.
• Chairman Booker remarked that illicit actors were currently able to take advantage of the “patchwork” of state cannabis laws. He also highlighted how legitimate cannabis businesses were often precluded from certain tax benefits afforded to all legitimate businesses because of cannabis’s legal ambiguity. He contended that federal cannabis legislation would enable these legitimate cannabis businesses to outcompete the illicit actors within the cannabis space.
  • Dr. Burnett remarked that the regulated cannabis market was currently being impeded in its efforts to fully compete with the illicit cannabis market. He commented that this dynamic drove up the prices of legal cannabis, which in turn led people to engage with the illicit cannabis market.

Subcommittee Ranking Member Tom Cotton (R-AR):

• Ranking Member Cotton provided Mr. Berenson with an opportunity to comment on Dr. Burnett’s previous statement that there did not exist a causal link between marijuana usage and mental health disorders.
  • Mr. Berenson expressed his disagreement with Dr. Burnett’s statement that there did not exist a causal link between marijuana usage and mental health disorders. He stated that large national datasets showed causal links between marijuana usage and mental health disorders. He mentioned how Scotland had experienced both increases in cannabis use amongst young people and increases in psychiatric presentations related to cannabis psychosis. He stated that the U.S. had poor mental health data, which meant that researchers needed to rely on other countries for this data. He further discussed how there existed data looking at temporality and stated that this data suggested that cannabis use was causing higher rates of severe mental illness.
• Ranking Member Cotton then noted how Mr. Cook had contended that making retroactive changes to criminal laws and sentences would waste the resources of law enforcement agents and prosecutors and limit their abilities to pursue current crimes.
  • Mr. Cook remarked that the expungement of all federal cannabis-related offenses would force law enforcement officers and prosecutors to review and resentence every person with a cannabis-related conviction. He commented that this process would be very disruptive.
• Ranking Member Cotton also noted how Mr. Cook had indicated that there were currently no federal prisoners serving sentences for possessing small amounts of cannabis. He noted that most federal prisoners serving sentences for cannabis possession were drug traffickers. He asked Mr. Cook to indicate whether drug traffickers involved in multiple types of trafficking activities often took plea deals in which they pled guilty to certain charges (such as marijuana trafficking) so that prosecutors would drop other types of charges.
  • Mr. Cook remarked that pleas deals were very common within the U.S. criminal justice system. He noted how many bad actors will plead guilty to cannabis possession in order to avoid prosecution for other offenses.
• Ranking Member Cotton asked Mr. Cook to indicate whether federal prosecutors would offer less plea deals if they believed that the sentences for certain types of crimes would be retroactively changed or eliminated.
  • Mr. Cook answered affirmatively. He stated that the prospective of retroactive changes would lead federal prosecutors to pursue more charges against defendants to reduce the likelihood that their plea deals will later be overturned.
• Ranking Member Cotton asked Mr. Cook to indicate whether this dynamic would cause prison sentences to either increase or decrease.
  • Mr. Cook stated that this dynamic would cause prison sentences to increase.
• Ranking Member Cotton commented that the Cannabis Administration and Opportunity Act would ultimately harm the communities it was intended to help.
  • Mr. Cook expressed agreement with Ranking Member Cotton’s comment.
• Ranking Member Cotton then posited a hypothetical scenario in which a repeat drug trafficker has been previously convicted of trafficking marijuana and cocaine. He noted that this drug trafficker would face a tougher sentence if they were convicted for a third offense. He asked Mr. Cook to indicate whether this drug trafficker could receive a reduced sentence or an early release for a third offense if their marijuana conviction were to be later expunged.
  • Mr. Cook stated that a change in criminal history would impact convicted felons in multiple ways. He noted that a change in criminal history could lead career offenders to have their sentences “substantially” reduced and certain individuals to be re-sentenced. He expressed strong concerns regarding the feasibility of the re-sentencing process given the high number of individuals that would be eligible for resentencing. He then remarked that there was confusion between the number of people being arrested for simple marijuana possession and the federal prison population. He noted how many people had highlighted how arrests for simple marijuana possession were more prevalent among African Americans, even though cannabis usage rates were similar across races. He stated however that the federal government focused on prosecuting drug traffickers (and not simple possession cases).

Subcommittee Chairman Cory Booker (D-NJ):

• Chairman Booker asked Mr. Cook to indicate whether there existed a racial disparity in terms of the enforcement of simple marijuana possession cases at the local level.
  • Mr. Cook stated that law enforcement agencies did not dismiss evidence of crimes committed by White people or actively target minorities for crimes based on his personal experience as a local prosecutor. He noted however that law enforcement agencies tended to disproportionately allocate their resources to high crime areas, which were disproportionately minority communities. He commented that this dynamic led to a disproportionate number of arrests in minority communities.
• Chairman Booker remarked that low-income African Americans were more likely to be arrested for cannabis possession as compared to higher-income African Americans, despite similar usage rates across these populations. He called this situation unfair and asserted that it undermined trust in police departments amongst minority communities. He asked Dr. Burnett to indicate whether he agreed with this characterization of this lack of trust in police departments amongst minority communities.
  • Dr. Burnett expressed agreement with Chairman Booker’s comments.
• Chairman Booker discussed how many of his neighbors were adversely impacted by non-violent drug charges. He noted that these charges were limiting job opportunities for these Americans. He then asked Mr. Angelos to discuss how the families of convicted persons were also harmed by the convictions.
  • Mr. Angelos remarked that his family was “completely destroyed” by his arrest and incarceration. He recounted how his family had to rely upon welfare while he was incarcerated and testified that his oldest son had developed depression as a result of his absence.
• Chairman Booker then asked Dr. Burnett to discuss how the current scheduling of marijuana under the Controlled Substances Act was impeding efforts to research marijuana.
  • Dr. Burnett remarked that marijuana’s status as a Schedule I drug prevented researchers from obtaining federal money to pursue cannabis research. He stated that this lack of research had rendered policymakers unable to make informed marijuana policy decisions. He called for the removal of cannabis from the list of Schedule I drugs under the Controlled Substances Act so that U.S. policymakers could make more informed marijuana policy decisions.
• Chairman Booker then expressed concerns regarding the impacts of the U.S.’s mass incarceration policies. He expressed support for efforts to retroactively modify certain convictions and applauded the First Step Act of 2018’s revisions to crack powder convictions. He then noted how the cannabis industry was now a multi-billion dollar industry. He expressed concerns that the communities most harmed by cannabis prohibition were being underrepresented within the cannabis industry. He highlighted how only 1 percent of cannabis businesses were currently African American-owned. He asked Dr. Burnett to indicate whether these representation trends were concerning and to provide recommendations for addressing these trends.
  • Dr. Burnett called it imperative that the federal government take an incremental approach when addressing interstate commerce as it related to cannabis. He highlighted how several states were working on social equity development programs to support small and minority-owned businesses in entering the cannabis space. He stated that cannabis businesses currently required large amounts of cash to weather economic uncertainty. He remarked that the U.S. must therefore work to protect small and nascent cannabis businesses so that wealthy corporate interests would not come to dominate this new market.
• Chairman Booker recounted how he had recently met with African American cannabis business owners in Chicago and noted how these business owners had needed to mortgage their homes and to sell many of their assets in order to launch their businesses. He mentioned how these business owners faced challenges in terms of accessing capital. He noted how large national cannabis businesses were offering to purchase these smaller cannabis businesses or to lend them capital at “usury” rates. He commented that these large national cannabis businesses were seeking to use these smaller minority-owned cannabis businesses to obscure the cannabis industry’s lack of diversity. He asked Dr. Burnett to indicate whether the experiences of these Chicago cannabis businesses resembled his previous foray into the cannabis industry.
  • Dr. Burnett answered affirmatively. He remarked that the U.S. must work proactively to prevent regulatory capture and commercial consolidation within the cannabis space. He commented that such actions would ensure that the economic benefits of cannabis were equitably distributed.
• Chairman Booker asked Dr. Burnett to indicate whether the U.S.’s restrictions on banking services for cannabis businesses were advantaging already powerful businesses over historically marginalized communities.
  • Dr. Burnett answered affirmatively. He called on Congress to pass the SAFE Banking Act of 2021.