Chairman Booker Opening Statement at Hearing on Federal Cannabis Prohibition

WASHINGTON, DC – U.S. Senator Cory Booker (D-NJ), Chairman of the U.S. Senate Judiciary Subcommittee on Criminal Justice and Counterterrorism, released the following opening statement at the hearing titled, “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms.”

***Live video of the hearing is available here.***

Booker’s opening statement follows:

Good afternoon everyone, I’m really excited to call to order this hearing. I grateful to be joined by my Ranking Member Mr. Tom Cotton and of course it’s always good to see one of our more senior members of the Senate, Senator Cornyn. All of the Subcommittee members who are here today, and I know there will be people coming along, I want to thank them and I want to thank especially every witness taking time out of their schedule to be here.

I convened this hearing really to talk about a festering injustice that continues in our nation that I believe has to be addressed; an injustice that stands in contrast to the ideals of equality and liberty, and which cuts at the very heart of what I think are fundamental rights in America today. It’s clear now, after decades of evidence, that the federal cannabis prohibition has failed. It has failed to make our communities safer, it has failed to reflect modern science and contemporary values across the political spectrum, and it has miserably failed our most vulnerable people in America, whether that’s our veterans who come home often with challenges seen and unseen, whether it’s low-income communities, Black and Brown communities, and more. Really its inflicted a lot of damage upon the families within our country. Each year, more and more states and localities are moving in bipartisan ways to legalize or decriminalize cannabis, yet the federal government continues to be out of step with the majority of the United States of America and its citizens. Today, the federal government considers cannabis as dangerous and as medically useless as heroin, prosecuting hundreds of people each year for low-level cannabis offenses.

For generations, the federal cannabis prohibition has also been a core piece of a disastrous War on Drugs that has targeted and destroyed the lives of so many Americans, particularly vulnerable Americans in communities across our country. For example, data shows that Black and white Americans use cannabis at roughly the same rates, yet studies have shown that Black Americans are more than 3 and a half times more likely to be arrested for cannabis possession. In 2019, there were more cannabis arrests in the United States than arrests for all violent crimes combined. The focus on arresting low-level, nonviolent cannabis users detracts from law enforcement’s priorities that should aim to punish and deter far more dangerous, violent crimes. And under the guise of “tough on crime” policies, we have disproportionately arrested millions of Black and Brown people who are now restricted in their access to jobs, health care, housing, and more opportunities after their release. This country’s failed policies have deprived too many of their chance to pursue their life and liberty and pursuit of happiness, and have punished their families along with them.

On a personal note, I have seen the devastating impacts our federal cannabis laws have had on people’s lives. During my undergraduate years at Stanford, I saw drug use out in the open by privileged Stanford students, which was completely ignored by law enforcement. The story was the same in my hometown of Harrington Park, a relatively affluent community. Yet, living in Newark, New Jersey, the last 25 years, I have seen one constant day after another – Black and Brown people trying to climb out of challenging economic holes they were put in after a cannabis-related arrest or conviction. Remember, we now have a nation where three out of the last five United States presidents have talked about their cannabis use. We see now clearly that cannabis laws are unevenly enforced and often unfortunately devastate the lives of those most vulnerable.

It’s clear that prohibition has not worked. Fifty years after the Controlled Substances Act was passed to stamp out the sale of cannabis on the black market, the illicit market still thrives. And in a clear signal of how outdated current federal laws are on the issue, the Department of Justice chooses not to enforce the federal prohibition on cannabis against people in compliance with their own states’ cannabis laws. This is the case now and was even true under Attorney General Bill Barr – someone who literally wrote the book on arguing for more incarceration.

Thankfully, even as the federal government lags woefully behind, states themselves are leading the charge for change. As of today, thirty-eight states and the District of Columbia have legalized cannabis for medical use, and nineteen states and the District of Columbia have legalized it for recreational adult use. More states are sure to join these ranks in the coming years, as 91 percent of the American public supports legalizing marijuana at least for medical use, and 68 percent support legalization for adult use. These state efforts, which incidentally have led to fewer arrests and decreased racial disparities in those arrests, demonstrate why ending the federal prohibition is appropriate and responsible, and it’s a way for our federal government to respond to overwhelmingly clear evidence as well as the clear will of the people.

So after years of advocacy, the emergence of bipartisan consensus, and the steady work of bipartisan state legislatures, we find ourselves in a promising moment, and it’s up to us to seize it. Last week, I, along with Leader Schumer and Senator Wyden, introduced the Cannabis Administration and Opportunity Act, which would legalize marijuana federally, lift up communities disproportionately impacted by our misguided cannabis policy, and set up a regulated market for cannabis business. It combines critical aspects of restorative justice and economic justice and economic opportunity. It’s the type of comprehensive solution we need when it comes to correcting our nation’s broken cannabis laws.

At this critical juncture, it’s time to expand our horizons and not shrink back to a status quo that has caused far too much damage to far too many Americans. Back during my days as a city councilperson in Newark, New Jersey, I recall a man who had been arrested for a cannabis offense a decade ago asking me pointedly, anger and frustration filling his voice, “What is it going to take? It’s been over 10 years. What is it going to take for me to get a second chance?”

Well, it’s going to take all of us — members of this Subcommittee, and members of this body — coming together to reckon with the injustices of our past that have plagued America and to understand the pain communities, especially communities of color, have felt for years. This is not about Democrat vs Republican, or Right vs Left. Americans themselves have spoken. This is about what is what is right and what is wrong. Ending the federal prohibition is the first step we can take to undo the immeasurable damage caused by the failed War on Drugs and decades of mass criminalization, mass incarceration, and the deep pain it has caused to communities and families and our children. It will be a signal that our nation can move forward, that we can make sure all people are afforded the long-overdue justice that they deserve but have long been denied.

With that, I look forward to hearing from the rest of the Subcommittee and from our witnesses today. And I now recognize the Senator from Arkansas, Tom Cotton, for his opening remarks.