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"As more states have adopted legalization, public support for this policy has risen dramatically," said one campaigner. "Voters prefer legalization and regulation over the failed policy of marijuana prohibition."
A record 7 in 10 voting-age Americans think marijuana should be legal, according to Gallup polling published Wednesday, a day after voters in Ohio made it the 24th state to legalize adult recreational use of the plant.
After holding steady at 68% for three straight years, Gallup found that support for legalization rose to 70%, with 29% of respondents saying cannabis should not be legal and 1% undecided. That's a 12% increase in support from 2013 levels and a 36% rise from 2003. In 1969, when Gallup first asked Americans if marijuana should be legal, only 12% said "yes."
"There's no 'buyer's remorse' among the public when it comes to legalizing cannabis," Paul Armentano, deputy director at the National Organization for the Reform of Marijuana Laws (NORML), said in a statement. "As more states have adopted legalization, public support for this policy has risen dramatically. That's because these policies are largely working as intended and because voters prefer legalization and regulation over the failed policy of marijuana prohibition."
According to Gallup:
For the second straight year, majority support for legalization is found among all major subgroups, including by age, political party, and ideology. Self-identified conservatives were the last major subgroup to express majority support, reaching 51% in 2022. Republicans first gave marijuana majority-level backing in 2017.
As of today, support for legal marijuana use is highest among self-identified liberals (91%) and Democrats (87%) and lowest among conservatives (52%) and Republicans (55%). Support is inversely correlated with age, reaching 79% among 18- to 34-year-olds. However, even among the oldest age group, nearly two-thirds (64%) are in favor.
This widespread support for legal marijuana was evident on Tuesday as nearly 57% of voters in Ohio—a state that voted for former President Donald Trump in the last two elections and has a Republican governor—approved the legalization and regulation of marijuana for people age 21 and older, who are also allowed to grow up to six cannabis plants per person and 12 plants per residence. The measure imposes a 10% tax on cannabis sales.
"Marijuana is no longer a controversial issue," Tom Haren, spokesperson for the Coalition to Regulate Marijuana Like Alcohol, toldMarijuana Moment. "Ohioans demonstrated this by passing State Issue 2 in a landslide."
Marijuana Policy Project interim executive director Matthew Schweich told MJBizDaily that the Ohio vote "shows that a cannabis legalization campaign can win anytime and anywhere."
"To achieve victory in a nonpresidential year in a red state shows just how strong public support for legalization has become," he added.
The rise in support for legal marijuana parallels "the rise in Americans' self-reported use of the drug," Gallup said, citing a July survey. "The percentage saying they personally smoke marijuana has risen 10 points to 17% since 2013, and the percentage who have ever tried it has increased 12 points to 50%."
Despite state-level gains—only 10 states have not legalized marijuana for recreational or medical use—cannabis remains strictly prohibited at the federal level, where the U.S. Drug Enforcement Administration (DEA) lists the plant as a Schedule I controlled substance.
Schedule I drugs, the DEA explains, have "no currently accepted medical use and a high potential for abuse," and in addition to cannabis include heroin, LSD, MDMA, and peyote. Far more dangerous substances than marijuana—including cocaine, methamphetamine, and fentanyl—are classified as Schedule II.
After granting a mass pardon last year to U.S. citizens and permanent residents convicted of simple federal marijuana possession, President Joe Biden ordered Attorney General Merrick Garland and Health and Human Services Secretary Xavier Becerra to initiate a review which resulted in an August recommendation by HHS to reclassify cannabis as Schedule III. Such a move would place the plant in the same category as codeine, ketamine, testosterone, and anabolic steroids.
"Just as it is intellectually dishonest to categorize cannabis in the same placement as heroin, it is equally disingenuous to treat cannabis in the same manner as anabolic steroids," Armentano said at the time. "The majority of Americans believe that cannabis ought to be legal and that its hazards to health are less significant than those associated with federally descheduled substances like alcohol and tobacco."
"Like those latter substances, we have long argued the cannabis plant should be removed from the Controlled Substances Act altogether," he added, "thereby proving state governments—rather than the federal government—the ability to regulate marijuana in the manner they see fit without violating federal law."
In the Democrat-controlled U.S. Senate, the bipartisan Secure and Fair Enforcement Regulation (SAFER) Banking Act—which would legally protect banks and credit unions that serve cannabis businesses—was approved by the Banking Committee in September.
Last week, a bipartisan group of U.S. House lawmakers reintroduced H.B. 6028, the States Reform Act, legislation led by Rep. Nancy Mace (R-S.C.) that would remove cannabis from the Controlled Substances Act, facilitate the expungement of certain marijuana-related offenses, and provide regulatory oversight for state-legal marijuana markets.
However, Republicans control the lower chamber, and new House Speaker Mike Johnson (R-La.) is a Christian fundamentalist who opposes marijuana on religious grounds. In recent years, Johnson has voted against legislation that would end federal prohibition, allow banks to work with state-legal cannabis businesses, and fund medical marijuana research.
Congresswoman Pramila Jayapal welcomed the "strong action" from the Justice Department "to hold pharma and distributors accountable."
The Biden administration on Thursday filed suit against one of the nation's largest pharmaceutical distributors, AmerisourceBergen, and two of its subsidiaries for allegedly violating federal law and contributing to the opioid epidemic.
Filed in the U.S. District Court for the Eastern District of Pennsylvania, the complaint accuses AmerisourceBergen of at least hundreds of thousands of violations of the Controlled Substances Act. The U.S. Department of Justice (DOJ) is requesting civil penalties and injunctive relief.
"The Department of Justice is committed to holding accountable those who fueled the opioid crisis by flouting the law."
"The Department of Justice is committed to holding accountable those who fueled the opioid crisis by flouting the law," Associate Attorney General Vanita Gupta said in a statement. "Companies distributing opioids are required to report suspicious orders to federal law enforcement. Our complaint alleges that AmerisourceBergen—which sold billions of units of prescription opioids over the past decade—repeatedly failed to comply with that requirement."
Anne Milgram, head of the Drug Enforcement Administration (DEA), a Justice Department agency, highlighted that the complaint "alleges that the company's repeated and systemic failure to fulfill this simple obligation helped ignite an opioid epidemic that has resulted in hundreds of thousands of deaths over the past decade."
Citing data from the U.S. Centers for Disease Control and Prevention, the National Institute on Drug Abuse said earlier this year that "opioid-involved overdose deaths rose from 21,088 in 2010 to 47,600 in 2017 and remained steady in 2018 with 46,802 deaths. This was followed by a significant increase through 2020 to 68,630 overdose deaths."
The DOJ's complaint spotlights five pharmacies to which AmerisourceBergen distributed drugs: two in New Jersey and one each in Colorado, Florida, and West Virginia.
"For years, AmerisourceBergen put its profits from opioid sales over the safety of Americans," declared Philip R. Sellinger, the U.S. attorney for the District of New Jersey. "According to the complaint, this was part of a brazen, blatant, and systemic failure by one of the largest companies in America."
Jacqueline C. Romero, the U.S. attorney for the Eastern District of Pennsylvania, said that "the allegations against AmerisourceBergen are disturbing, especially for a company that is headquartered only a few miles from neighborhoods in Philadelphia devastated by the opioid epidemic."
\u201c\u201cAmerisourceBergen, a wholesale drug distributor, flagrantly and repeatedly violated its obligation to notify DEA of suspicious orders for controlled substances, which directly contributed to the epidemic of prescription opioid abuse across the United States,\u201d stated U.S.A Peace.\u201d— US Attorney EDNY (@US Attorney EDNY) 1672332320
In a lengthy statement responding to the new suit, the distributor provided details about each of the five pharmacies, and claimed that the examples "were cherry-picked by DOJ from the thousands of pharmacies AmerisourceBergen delivers medicines to be the most incriminating to the company."
"An objective review of the facts shows that the DOJ's complaint about AmerisourceBergen is simply an attempt to shift blame from past administrations at the Department of Justice and specifically their agency, the DEA, to industries they were tasked with regulating," the company added.
Meanwhile, in a tweet Thursday, Congresswoman Pramila Jayapal (D-Wash.) welcomed the "strong action" from the DOJ "to hold pharma and distributors accountable for fueling the opioid crisis."
Various multibillion-dollar settlements for other suits have already been reached with opioid distributors, manufacturers, and retailers—including AmerisourceBergen, Cardinal Health, CVS, Johnson & Johnson, McKesson, Walgreens, and Walmart.
However, many policymakers, experts, and advocates argue more must be done. As Jayapal put it: "All these companies need to be held accountable. This is a start."
The Drug Enforcement Administration approved at least 51 requests from state, local, and federal law enforcement agencies to conduct covert surveillance during racial justice protests last summer, according to records obtained by CREW. The nationwide surveillance operation occurred in cities including Los Angeles, Tampa, Denver, and St. Louis, and involved agents infiltrating crowds undercover, as well as aerial and vehicular surveillance to monitor protesters.
The operations were part of a two-week expansion of the DEA's domestic surveillance authority by Justice Department leadership in June 2020, as first reported by BuzzFeed News. An initial release of records, obtained by CREW in an ongoing Freedom of Information Act lawsuit, detailed DEA's surveillance efforts in Philadelphia, Chicago, and Albuquerque.
\u201cThis is a big deal. The DEA approved more than 50 requests from state and local agencies to spy on protestors last summer--far more than previously known. \nhttps://t.co/FUNzG7Qo2N\u201d— Citizens for Ethics (@Citizens for Ethics) 1633458630
The new records reveal the full scope of the DEA's surveillance operations last summer. While some agencies sought DEA's help with apprehending people suspected of theft or looting, CREW counted at least 51 instances where agencies enlisted DEA to secretly monitor protesters engaged in First Amendment-protected activity.
In California, the DEA approved surveillance requests submitted to its Los Angeles Division Office by police departments in Santa Monica, Los Angeles, Long Beach, and Baldwin Park. The Santa Monica Police Department specifically sought "the assistance of DEA agents to support undercover surveillance operations."
In Florida, the DEA approved a request submitted to its Tampa District Office by the University of South Florida Police Department for "undercover DEA Special Agents" to pose as "members of a scheduled 'vigil'" on June 12 at the university's Martin Luther King, Jr. Plaza. Press reports show that the vigil was peaceful and proceeded without incident.
The DEA also approved a request from the Jacksonville Sheriff's Office to provide a "full time agent and intelligence analyst" to work "hand in hand" with officers.
In some cities, the DEA provided aircraft surveillance to local divisions and police departments. The Denver Police Department requested DEA "aerial support" to monitor planned protests for up to two days.
U.S. Customs and Border Protection's Air division requested the assistance of DEA's San Antonio District Office "to conduct surveillance during a protest scheduled for...June 2."
On June 2, the St. Louis Police Department requested surveillance-related support for "rioting/looting." They followed up the next day with an updated request for aerial support.
Many cities requested that DEA agents monitor protests from within while undercover. Two police departments in upstate New York requested that DEA agents dress in "plain clothes."
In New Jersey, the Newark Police Department and Essex County Sheriff's Office requested that the DEA conduct surveillance to "identify protest leaders and agitators who are inciting violence." Similarly, records obtained by CREW in April show that law enforcement officers in Philadelphia requested that the DEA identify protest leaders.
In Nevada, the DEA approved the Reno Police Department's May 30 request "to assist in providing intelligence on the movement of protesters." They followed up with another request on June 5 for "static and mobile surveillance" and covert vehicle intelligence gathering support.
Similarly, the Asbury Park Police Department in New Jersey requested "mobile/vehicular surveillance" to "provide intelligence on agitators and radical groups such as [redacted]."
The records also provided additional insight into DEA's previously reported surveillance activities in Chicago and Albuquerque.
The stark difference between federal law enforcement's preparations for racial justice protests last summer and the failures in preparation for the white nationalist attack on our Capitol on January 6 demands close scrutiny. The full extent of protester surveillance must be made public to prevent future politically motivated responses and abuses by law enforcement. If culpable individuals and institutions are not held accountable, they will continue to maintain harmful policies and systems at the expense of communities of color.