Three Democratic lawmakers intent on reforming the nation’s cannabis policy are seeking input on a federal marijuana legalization bill with a letter sent to their colleagues in the Senate on Thursday. The letter written by Senate Majority Leader Charles Schumer of New York, Finance Committee Chairman Ron Wyden of Oregon and New Jersey’s Sen. Cory Booker invites fellow senators “into the drafting process as we work to finalize this legislation.”

“In order to appropriately address such a nuanced issue, we respectfully request the input, advice and guidance of Chairs and Ranking Members of relevant committees as well as senators who have dealt with the challenges and realities of legalization in their own states,” the Democratic senators wrote in their letter.

Schumer, Wyden and Booker noted that 37 states have now passed laws to legalize cannabis in some form, writing that “Alaska, Montana, Arizona, and others have followed Colorado, Washington, and Oregon in reforming their outdated cannabis laws. Even voters in a state as conservative as South Dakota have demonstrated their support for legalization.”

“As more and more states move to legalize cannabis for both adult and medical use, the federal government has an important role to play. Hundreds of millions of Americans live in states that have legalized cannabis in some form while it remains illegal at the federal level,” the three senators added. “This discrepancy leads to confusion and uncertainty and raises significant questions around criminal justice reform, economic development and small business growth, and public health and safety, all of which we believe require some type of federal answer.”

Democratic Draft Bill Released Last Year

The three Democrats have all been working to reform the nation’s marijuana laws with new legislation. Last year, they shared what they characterized as a “discussion draft” of the Cannabis Administration and Opportunity Act (CAOA). The 30-page document detailed several areas of federal cannabis regulation that are not consistent with marijuana policy changes made at the state level and established a comprehensive plan to federally legalize marijuana. The legislation would remove cannabis from the Controlled Substances Act and establish a framework for the expungement of federal cannabis convictions.

The measure also establishes a federal tax on marijuana products, with revenue dedicated to grant programs designed to invest in communities disproportionately harmed by the War on Drugs. The CAOA would also strip authority over marijuana regulation from the Drug Enforcement Administration and shift most responsibilities to the Food and Drug Administration, with the Bureau of Alcohol, Tobacco, Firearms and the Alcohol and Tobacco Tax and Trade Bureau also assuming some regulatory duties.

At a recent event in New York, Schumer said that he would formally introduce the legislation as soon as April, noting that he had made cannabis reform a top priority as Senate majority leader.

“As majority leader, I can set priorities,” Schumer said. “This is a priority for me.”

The senators noted in Thursday’s letter that they have received more than 1,800 comments from stakeholders on the CAOA proposal so far, “many with substantive and detailed policy recommendations.” The senators added that in the weeks ahead many of the comments will be incorporated into the draft of the legislation to reflect the views and voices of as many interested parties as possible. They closed the letter with an invitation to their colleagues in the Senate to join them in the process.

“We would deeply appreciate your willingness to share your expertise on the intersections between your committees’ jurisdictions, your states’ experiences, and comprehensive cannabis reform and invite you to join the process of perfecting this legislation,” they added. “We would welcome the opportunity to discuss this issue with you in the weeks ahead.”

But Brookings Institution senior fellow John Hudak recently told Bloomberg Government that the chance of passing comprehensive marijuana legalization does not appear strong.

“They see this as a real politically winning issue not just for themselves but also for the party as they approach the midterms,” Hudak said of Democrats in Congress. “But the challenge, even for the idea of bringing the bill up for debate, is that the votes just aren’t there.”

Some Democrats believe that separate bills that focus on different aspects of marijuana policy reform are the best route to making progress on the issue with Republicans and President Joe Biden. One bill, the Secure and Fair Enforcement (SAFE) Banking Act from Democratic Rep. Ed Perlmutter of Colorado, would allow financial institutions to offer banking services to cannabis businesses operating legally under state law. Last week, the House of Representatives approved the legislation for the sixth time, adding it to a bill designed to improve economic competitiveness with China.

“We know the president has been somewhat reluctant on this subject, so the incremental approach that we talked about earlier is probably a better one to present to the administration,” Perlmutter said last week.

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Florida Democratic gubernatorial candidate and congressman Representative Charlie Crist announced on Thursday that he will legalize marijuana and expunge past cannabis-related convictions if he is elected governor. The statement drew a swift response from fellow Democratic candidate and state Agriculture Commissioner Nikki Fried, however, who chided Crist for his past support of cannabis prohibition.

At an appearance at the state capitol in Tallahassee, Crist, who served as Florida’s governor as a Republican from 2007 to 2011, said that he would legalize marijuana if voters elect him to the office again next year. He also vowed to expunge convictions for cannabis-related misdemeanors and third-degree felonies.

“Let me be clear: If I’m elected governor, I will legalize marijuana in the Sunshine State,” Crist said in a video posted on Twitter on Thursday. “This is the first part of the Crist contract with Florida.”

Crist also said on Thursday that under his legalization proposal, taxes from sales of regulated marijuana would be used to fund law enforcement agencies, more teachers for the state’s schools and drug diversion and treatment programs. The plan also supports allowing home cultivation of up to six cannabis plants and reforming the state’s current marijuana industry by decentralizing it and making it more accessible to farmers who are people of color. 

But Crist has been a late adopter of cannabis policy reform. While serving as Florida’s Republican governor, Crist signed legislation to make cultivation of 25 or more cannabis plants a second-degree felony, lowering the threshold from 300. In 2008, he said that he approved of Florida’s harsh drug laws and opposed efforts at reform.

After leaving the Florida governor’s mansion, Crist announced in 2012 that he had joined the Democratic Party. In 2014, he secured the Democratic nomination for governor but was defeated in the general election. He then ran for the U.S. House, where he has served as the representative for Florida’s 13th Congressional District since 2016. 

He has since voiced public support for cannabis reform and last year voted in favor of the MORE Act, a bill to decriminalize cannabis at the federal level that later died in the U.S. Senate.

“We know that people across racial and income levels use marijuana at the same rate. And yet, for decades, it’s been poor, Black and/or Hispanic folks targeted for prison on marijuana charges,” Crist said in a December statement in support of the MORE Act. “That tells me that marijuana has been legal now for a while if you had the right skin tone or the right paycheck.”

Democratic Crist Has Changed His Mind on Cannabis

After Crist made his announcement in support of cannabis reform, Fried, his opponent for the Democratic nomination for governor, called attention to Crist’s record on marijuana as governor.

Fried has long been a supporter of cannabis legalization and announced earlier this year that she is a registered Florida medical marijuana patient. She has also worked as a lobbyist for the cannabis industry and is an investor in a licensed medical marijuana treatment center in the state, according to the Tampa Bay Times.

“Imitation is flattery, but records are records,” Fried wrote on Twitter on Thursday. “People went to jail because Republicans like @CharlieCrist supported and enforced racist marijuana crime bills. Glad he’s changed his mind, but none of those people get those years back. Legalize marijuana.”

Drew Godinich, a spokesperson for the Fried for Governor campaign, also attacked Crist’s record on cannabis reform.

“Floridians deserve a new generation of leaders who will reform our broken criminal justice system and for a consistent, just marijuana policy,” Godinich wrote in a tweet.

“That’s what Nikki Fried has done as Agricultural Commissioner, and that’s what she’ll continue to do as Governor. Charlie now says he is [in] favor of reform—but has nothing to say for his record of decades in Tallahassee where he consistently favored harsh laws to punish Floridians. We need change, now.”

In his statement on Thursday, Crist acknowledged that, like many people, his stance on marijuana has changed over time. 

“And for me, it’s personal,” Crist said. “I lost an older sister. She had brain cancer several years ago. And I think about Margaret, and I think about how it wouldn’t have been as painful for her perhaps if marijuana had been legalized and the stigma taken off of it.”

Crist’s proposal to legalize marijuana is part of his four-point “Justice for All” plan to reform the state’s justice system, which he says has disproportionately impacted non-white Floridians. He also supports a sentencing reform plan, restoring voting rights to those with nonviolent felony convictions and legislation to give inmates rehabilitation credit for taking educational and life-skills classes.

The winner of the Democratic nomination for Florida governor will face current Republican Governor Ron DeSantis in next year’s general election. DeSantis is opposed to cannabis reform and said, “Not while I’m governor” when asked about marijuana legalization in 2019.

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