Legal weed: Bernie Sanders, 2020 presidential candidates on marijuana legalization

Mike Davis 

New Jersey may soon become the 11th state to legalize marijuana. And, by the time voters head to the polls for the 2020 presidential election, even more states may join the ranks of those with legal weed.

But where do the 2020 presidential race candidates stand on marijuana legalization? Here's a breakdown of the announced candidates' positions.

We'll be looking at two key pieces of federal legislation as part of candidates' voting records: the Marijuana Justice Act and the Strengthening the Tenth Amendment Through Entrusting States Act, or STATES Act.

The Marijuana Justice Act, sponsored by Sen. Cory Booker, D-New Jersey, would declassify marijuana as a schedule 1 controlled substance, essentially legalizing it federally. It would also penalize states that continue to arrest people for marijuana use at racially disproportionate rates.

MORE: Booker kicks off nationwide marijuana legalization push
For example, New Jersey police officers arrest African Americans for marijuana possession at a rate nearly three times higher than their white counterparts, despite similar usage rates.

The STATES Act, sponsored by Sen. Elizabeth Warren, D-Massachusetts, protects states that have marijuana industries — both recreational weed and medical marijuana — from federal intervention.

We'll also look at other bills sponsored by the candidates, their own public thoughts on legal weed and scorecard grades from the National Organization for the Reform of Marijuana Laws, a national legal weed advocacy group.

Before we go any further: The Asbury Park Press and USA TODAY NETWORK New Jersey will continue diving into the New Jersey marijuana legalization debate, with regular updates, mailbags, a discussion group and live events.

But we can only do so with your help. So consider a digital subscription — for a limited time, get a three-month subscription for just $1!

Cory Booker

Current role:  Member, U.S. Senate (1st term)
Home state: New Jersey
Party: Democratic

Marijuana voting record: 

Booker, 49, is the primary sponsor of the Marijuana Justice Act and an original co-sponsor of the STATES Act.
He also introduced the Compassionate Access, Research Expansion and Respect States (CARERS) Act of 2015 that would protect medical marijuana users in states with medical programs and require the Drug Enforcement Administration to license additional marijuana grow facilities for federal research.

In his own words: 

"Federal marijuana policy has long overstepped the boundaries of common sense, fiscal prudence & compassion. We should legalize marijuana now & help those who have suffered due to its prohibition." (April 20, 2018)

NORML scorecard: 

A+

Pete Buttigieg

Current role: Mayor of South Bend, Indiana
Home state: Indiana
Party: Democratic

Marijuana voting record: 

Buttigieg, 37, hasn't publicly announced whether he supports of or opposes marijuana legalization. Buttigieg's only real action regarding the drug has been the ban of "synthetic marijuana," such as K2, in South Bend.

In his own words: 

"'Synthetic marijuana' gets far less attention than opioids, but it too can be lethal. Our community continues to work proactively on the issue." (April 11, 2018)

NORML scorecard: 

N/A

Julian Castro

Most recent role: Secretary of Housing and Urban Development
Home state: Texas
Party: Democratic

Marijuana voting record: 

The only formal action Castro has taken on legal weed is a 2014 HUD memo that said owners of federally funded housing properties could bar people who used cannabis, including medical marijuana.
Castro hasn't come out publicly on legal weed, but he's criticized the Trump administration whenever federal officials have mentioned the possibility of cracking down on states with recreational marijuana.

In his own words:

"Colorado and other states have shown we can sensibly legalize marijuana with reasonable controls." (Feb. 26, 2017)

NORML scorecard: 

N/A

Tulsi Gabbard

Current role: Member, House of Representatives (4th term)
Home state: Hawaii
Party: Democrat

Marijuana voting record

Gabbard, 37, signed onto both the Marijuana Justice Act and STATES Act in the House.  She also supported the Secure and Fair Enforcement (SAFE) Banking Act, which would prohibit federal regulators from taking action against banks that had cannabis customers.

In her own words:

"Our criminal justice system is broken & unsustainable, both for our government and society. Ending the marijuana prohibition is a long overdue common-sense step to take to end the destructive cycle that is turning everyday Americans into criminals." (July 24, 2018)

NORML scorecard: 

A+

Kirsten Gillibrand

Current role: Member, U.S. Senate (2nd term)
Home state: New York
Party: Democratic

Marijuana voting record

Gillibrand, 52, signed onto the Marijuana Justice Act but hasn't signed onto the STATES Act. She was also an original co-sponsor of the CARERS Act, which protects medical marijuana users, and the MEDS Act, which would streamline certain processes related to marijuana research.

In her own words:

"Injustice against one of us is an injustice against all of us. We need to fight discriminatory marijuana policies, end mass incarceration and come together to create an economy where the playing field is fair for everyone." (Nov. 16, 2018)

NORML scorecard:

A

Kamala Harris

Current role: Member, U.S. Senate (1st term)
Home state: California
Party: Democratic 

Marijuana voting record

Harris, 54, has signed onto the Marijuana Justice Act but not the STATES Act. She also supported the SAFE Act to protect banks with cannabis customers from federal intervention.

In her own words

"It’s time to get with the times and make marijuana legal at the federal level. The priority of our law enforcement needs to be serious and violent crimes, not somebody smoking a joint on the street." (June 5, 2018)

NORML scorecard:

A

Amy Klobuchar

Current role: Member, U.S. Senate (3rd term)
Home state: Minnesota
Party: Democratic-Farmer-Labor

Marijuana voting record

Klobuchar, 58, has signed onto the STATES Act but is the only Democratic senator running for president who hasn't signed onto the Marijuana Justice Act. She has also signed onto the MEDS Act, which would streamline research possibilities for medical marijuana.

In her own words

Klobuchar has made no public statements about marijuana legalization.

NORML scorecard:

B

Bernie Sanders

Current role: U.S. Senator (3rd term)
Home state: Vermont
Party: Independent (seeking Democratic nomination)

Marijuana voting record: 

Sanders signed onto the Marijuana Justice Act, as well as the SAFE Banking Act, which would protect banks who have cannabis industry clients. He has not signed onto the STATES Act.

In his own words: 

"We need to stop imprisoning people for smoking marijuana and start prosecuting the crooks on Wall Street whose greed and illegal behavior caused the greatest economic downturn since the Great Depression." (May 16, 2018)

NORML scorecard: 

A+

Elizabeth Warren

Current role: Member, U.S. Senate (2nd term)
Home state: Massachusetts
Party: Democratic

Marijuana voting record

Warren, 69, is an original sponsor of the STATES Act. She has also signed onto the Marijuana Justice Act and CARERS Act, which protects medical marijuana patients, and the SAFE Banking Act, who protects banks that take on cannabis clients.

In her own words:

"By outlawing marijuana, the federal government puts communities of color, small businesses, & public health & safety at risk. ... No one should go to jail for a joint. But more Americans are arrested for marijuana possession than all violent crimes combined. And black Americans are nearly 4x more likely to be arrested for it than whites." (June 7, 2018)