Transcripts For CSPAN2 Marijuana Policy 20140826 : vimarsana

CSPAN2 Marijuana Policy August 26, 2014

Could keep it on the deas list of most dangerous drugs in the move to decriminalize and each legalize the drug. From earlier this year, this hearing is about an hour, 45 minutes. [inaudible conversations] good afternoon. Id like to call this subcommittee hearing of the subcommittee on Government Operations of the Government Oversight Reform Committee to order. Welcome, everyone. Sorry for our late start. We did have votes that delayed the beginning of this hearing, but we will go ahead and proceed. And let me just cite, first, the order of business. Well hear from statements from members as they return from votes or through unanimous consent. We will also include their statements in the record. We will have one witness today, mr. Michael botticelli from the office of National Drug control policy. Hes joining us. We will hear from that witness, and then members will be able to question the witness. So usually the chair gets a couple of extra minutes in introductory statements from launching the hearing, and ill go ahead and get started as we have other members join us. I see our Ranking Member of the to full committee has joined us, hope through mr. Connolly will be here. Id also like to a ask unanimous concept that our colleague from consent that our colleague from oregon be permitted to participate, and without objection, so ordered. And our normal procedure, and i think we have several other members joining us, well ask unanimous consent for them to join us too. So, again, as members return, we will begin that process. Mr. Issa, the chair of the full committee, always likes us to remind people, have the chair remind folks why were here, why we do what were doing as the Government Oversight Reform Committee which is simple. Taxpayers sent us here to oversee taxpayer dollars, programs, how theyre expended. Congress both authorizes and appropriates laws, but its the oversight function that is extremely important, and it keeps us focused on our responsibility making certain that programs work, that the taxpayer dollars are wisely spent in washington and the people who represent hard working americans do have, again, accountability of their government. So thats an important responsibility. Today the focus of todays hearing is really going to focus on where we are on some of our federal drug laws, policy and enforcement. As most of you know, theres a growing disparity between what our laws say at the federal level now with our laws at the local and state level, complete opposites in some cases. And various officials from the president of the United States to Administration Officials going in different direction on the question of legalization of marijuana. As most of you also know, 20 states, the District Of Columbia have taken steps to legalize marijuana for medical purposes, and in 2012 colorado and washington legalized marijuana at the state level for Recreational Use. The only problem with this is we do have conflicting federal statutes. I asked the staff to pull out federal statutes, and these are actually the federal statutes, title 21, and that sets up a schedule, and it classifyies substances and sets really the highest level of narcotics that are under federal jurisdiction and the responsibility of enforcement. So this is the federal law, and thats where we are at this point. But whats taken place is, again, the states have taken action and localities excuse me. This washington crud is let me have a little drink here. There are is something that comes with the cold weather. But, again, weve heard what the law is, weve seen what states are doing. And unfortunately, theres chaos as it relates to where were going and what our policy is as far as whats allowed, whats legalized. And now enforcements going to react. To compound this, in our society we all look to the president for leadership regardless of what party he is, and the current president has made some statements of late. In fact, just a few days ago president obama said, ill quote i dont think its more dangerous than alcohol, referring to marijuana, and then he said its important, its important for it to go forward because its important for society not to have a situation which a large portion of people have all at one time or another broken the law and only a few select people get puppished. Punished. That was the statement by the president of the United States in regard to legalization. So, again, you have the growing i call it schizophrenic approach to whats going on and where we are and where we may go. Same time the president of the United States, our chief executive, is making that statement. Ive got an article from the Washington Post and the dea operations post, the Drug Enforcement administration, called the legalization of marijuana at the state level reckless and irresponsible warning that the movement to decriminalize the sale of pot in the United States will have severe consequences. Then its also interesting to see the path that the administration is also heading down. This is another article i just came across, and id and it said that department of justice is now looking at releasing low level, lower level drug criminals who were sentenced under tough laws. In fact, this article, and ill quote it, it says in an unprecedented move, the Deputy Attorney general, james c. Cole, asked defense lawyers on thursday to help the government locate prisoners and encourage them to apply for clemency. Clemency is part of the obama administrations way to deal with changes again in law. And, again, we have an approach that is very fractured between federal, state and local agencies and officials as you can hear from what i just said. The witness that we have before us is actually under the office of National Drug control policy. It was set there some years ago as part of the white house to help coordinate, again, National Policy on drug use and abuse. And in spite of the federal prohibitions on marijuana, the department of justice has issued a policy memorandum that explicitly declines to enforce federal Marijuana Laws in states that have legal legalized it for Recreational Use. In fact, illegal marijuana dispensaries in colorado and washington are facing the realities of operating outside the w, and the department of justice recently announced theyll be issuing guy dance that will allow guidance that will allow federallyregulated banks to serve these illegal businesses. The department of justice, and let me say, too, today were only going to hear from ondcp, but i do try to have a continuum of dialogue on where were going with this. And we invited the department of justice. They declined, wanted a little bit more time. Well give them the time and then have them in. Id like to also have dea and other agencies and then hear from some of those that have worked in the field of trying to help both the country and our citizens in youth deal with the illegal narcotics question. So well get representatives of some various groups. I might recall for the benefit of my colleagues, i chaired the criminal justice drug policy subcommittee from, i think it was 98 to 2001 and held the very first hearings ever held in congress on the subject of marijuana. And saying that wedal invite wed also invite some of the other folks to participate in the discussions about where were going. So the other, the other thing that we have to consider today is that about 25 billion was provided for drug control programs. Thats 25 billion in fiscal 2012 enforcement and a whole host of other activities. 10. 1 billion or about 40 was provided for prevention and treatment programs. So we have a big financial stake in some of these programs and where were going. In fact, 15 federal agencies administer 76 programs aimed at drug abuse and prevention. Despite the illicit drug use, despite all that illicit drug use is, in fact, increasing with our adolescence, and marijuana currently accounts for 80 of the listed drug use by adolescents. I think these are probably the most recent statistics. Usually some of these fall more than a year behind. But the 2011, the latest statistics we have, show that adolescent use of marijuana was the highest its been in eight years. And firsttime users of marijuana have, unfortunately, increased under this administration hitting also in 2011, most recent data, a tenyear high. Maybe thats not a good term to use on this, but direct use of marijuana adolescent use of marijuana is associated with increased drug for dependence, criminal activity and even, again, the more potent marijuana that we have on the market today with affecting the iq and also possibly the genetic makeup of folks. Ondcp, and well have a representative to speak for themselves and that department today, has consistently worked to reduce the pref lends of marijuana use and focus on evidencebased prevention messaging. In 2013 the National Drug control strategy, the president s message to congress and he gives us a message with that title every year said and let me quote from it the importance of prevention is becoming ever more apart despite positive apparent. Despite positive trends in other areas, we continue to see elevated rates of marijuana use among young people, likely driven by declines and perception of risk. Thats what the document, the official document that was sent to us said. So given the recent statements to the media in the last couple of weeks claiming that marijuana is no more dangerous than alcohol, it appears, unfortunately, the president may, in fact, be a major contributor now to some of the declines we see in the perception of risk and what were going to see in the future. So, again, our hearing today will focus on our major agency dealing with this, the office of National Drug control policy. Well hear statements and, hopefully, some idea of where were going. I have a number of questions, and we have a lot of weve had a lot of interest from members on both sides of the aisle to find out what direction the administration and our federal laws are heading in the future on the question of marijuana use and legalization. With that, im pleased to welcome with Perfect Timing our and we do have the full committee Ranking Member, but our Ranking Member of the subcommittee mr. Connolly, the gentleman from virginia. Youre recognized in whatever order you wish to proceed. Mr. Chairman, thank you. But as, certainly, a courtesy i would testify to mr. Cummings, the Ranking Member of the full committee, if he has a statement. Thank you very much, mr. Connolly and to you, mr. Chairman, i want to thank you both for holding this hearing. And youre absolutely right, mr. Chairman, this is a very complex and difficult issue. To also thank Deputy Director botticelli for testifying before the subcommittee. This is also a quickly changing issue. And the positions of conservatives and progressives alike are evolving as we learn from experiences of states with legalization initiatives. According to a gallup poll taken in of course, 58 of the American People favor the legalization of marijuana. Over the past eight years, 20 states and the District Of Columbia have passed laws permitting the use of marijuana for medical conditions. And in 2012 colorado and washington chose to legalize, tax and regulate limited amounts of marijuana for Recreational Use. I believe the purpose of todays hearing is worthwhile. To review the position of federal agencies with respect to states that are legalizing marijuana both for me diddal medicinal purposes and Recreational Uses. The office of National Drug control policy serves a very Critical Role in balancing our nations drug control efforts by coordinating governmentwide Public Health and Safety Initiatives that address drug use and its consequences in our communities. In addition, the department of justice is charged with enforcing the federal controlled substances act. And at issue, guidance to prosecutors in august on marijuana enforcement. Mr. Chairman, im thank l that o thankful that ondcp is here today, but as you know, i believe this hearing would have been more informative with the Justice Department to say why our officers Work Together to try to find a mutuallyacceptable date, and your decision to move forward with ondcp alone is not your prerogative. I hope we can continue to Work Together in a bipartisan way as we have in the past to get the viewpoints of the other agencies involved. Personally, i share your concerns about the negative Health Effects of marijuana. The youth in my district and across the country. Even when it is used for medicinal purposes, people should understand very clearly that smoking marijuana is dangerous to their lungs and their hearts and results in a wide range of negative Health Effects. Apart from health concerns, however, i also have serious questions about the desperate, disparate impact of the federal governments enforcement policies on minorities. After reviewing the fbi uniform crime reports and state databases on one article found, and i quote Police Arrest blacks for Marijuana Possessioning at a higher possession at a higher rate than whites in nearly every state, city and county. Despite the two races using marijuana at equal rates. My home state of maryland has similar disparities in enforcement. In october the American Civil Liberty Union issued a report finding that, and i quote Police Arrest blacks for Marijuana Possession at higher rates than whites in every county in maryland, end of quote. Accounting for 58 of arrests for Marijuana Possession. These disparities have a real impact on peoples lives. An arrest for even a small amount of marijuana can disqualify a perp for public a perp for Public Housing, Student Financial aid or even employment for life. These are the exact opportunities that so many low income individuals need to lift themselves out of poverty. I think the president was exactly right when he said last week middle class kids dont get locked up for smoking pot. Poor kids do. The africanamerican kids and that tee know kids latino kids are more likely to be poor and less likely to have the resources and support to avoid unduly harsh penalties, and i would add to the that records, criminal records that remain with them for a lifetime. For these reasons maryland has chosen to decrease penalties to 90 days for possession of marijuana in small amounts. It also requires a course to consider a defendants use of medical marijuana as an affirmative defense, and it permitted research on medical marijuana. Mr. Chairman, i previously served as the Ranking Member of the subcommittee on criminal justice and drug policy, so i understand that there are various components to this debate. But one thing does concern me greatly, how in some states one can purchase marijuana, and the people in my state and in my district are getting arrested and serving sentences. And it just seems to me that somethings not right about that. Im hoping that you will address that, mr. Botticelli, because these are serious consequences. Its one thing when you, when you have equal end forcement enforcement, but its another thing when some people are engaged in purchasing marijuana in the streets and other ones in suites. And so what happens is that you have up equal enforcement, and you have many africanamerican young men, as you well know, spending long sentences sitting in prison while others Law Enforcement dont even touch. So those are the kinds of concerns that i have, mr. Chairman, and im hoping that we will get to some of that today. And with that, i yield back. Gentlemans time has expired, but, lets see, mr. Turner, you had no opening statement. Well go back to mr. Connolly. And before i do, mr. Copley asked connolly asked unanimous consent that gentleman from tennessee, will cohen, be allowed to participate on this panel. Without objection, so ordered. And were also joined by mr. Davis who will be recognized after mr. Connolly because he is on the committee but not the subcommittee, and then well go in alphabetical order, and well hear from mr. Blumenauer. Mr. Connolly, youre up. Thank you, mr. Chairman. And thank you for holding this hearing. To examine the federal response to state Marijuana Laws. I want to be clear from the outset, im not unsympathetic to the concerns raised by skeptics on decriminalization. As a child of the 60s, i witnessed firsthand the ravages of drug abuse among so many friends and so many idols my generation had in both hollywood and in the music scene. I count myself, frankly, a skeptic. Further, as a former senior professional staff member in the Senate Foreign relations committee, one of my jobs was the authorization of the International Narcotics matter bureau of the state department, and i traveled the world looking at production and distribution of illicit drugs. And saw the how much the damage cost. But it must also be noted

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