2014 Drug Policy Reform Congressional Voter Guide

October 2014

Prepared By: Drug Policy Action 925 15th Street, NW 2nd Floor Washington, D.C. 20005 202.683.2030

www.drugpolicyaction.org

In recent years there has been a major political Introduction shift in Congress in favor of reforming U.S. drug laws and letting states set their own marijuana It has been six years since Drug Policy Action released policies. The 113th Congress featured a record its last congressional voter guide in 2008 and measured number of members of Congress in the House support in the U.S. House of Representatives for drug introducing a record number of drug policy policy reform. In the two years of congressional work reform bills and amendments that won bipartisan examined by our 2008 voter guide, U.S. Representatives support. were recorded on only four drug-related votes, and not a single Representative voted in favor of reform every

time. The U.S. House approved numerous

amendments barring federal interference in state The intervening years have seen a profound shift in efforts to reform marijuana laws. Reducing the favor of drug policy reform efforts and the emergence number of people behind bars in the U.S. for drug of a bipartisan majority of U.S. Representatives working law violations has also become a major focus on in support of change. Capitol Hill. Support for the failed war on drugs is clearly eroding.  2014 saw the first time ever that the U.S. House of Representatives has voted in favor of major This voter guide profiles seven floor votes in the marijuana law reform. In historic votes on issues U.S. House of Representatives. The results show ranging from whether to bar the Drug Enforcement how far drug policy reform has come in Congress Administration (DEA) from undermining state and how the political discourse has changed in medical marijuana laws to allowing banks to accept favor of ending the war on drugs. deposits from marijuana businesses, a clear bipartisan consensus favored letting states set their own marijuana policies and move forward with industrial hemp cultivation.

 For the first time ever in the history of drug policy reform efforts in Congress, a working bipartisan majority of the U.S. House of Representatives is on record supporting drug policy reform. 243 Representatives (nearly 56 percent of the entire U.S. House) have earned a C or better in this year’s voter guide for their voting record on drug policy reform. 179 Democrats joined 64 Republicans in supporting at least three of the floor votes profiled in this guide. This momentum far out shadows the congressional support for drug policy reform chronicled in Drug Policy Action’s 2008 voter guide.

 49 Representatives have earned an A+ in Drug Policy Action’s 2014 voter guide for voting in favor of reform on all seven floor amendments offered on the floor of the U.S. House of Representatives. In contrast, Drug Policy Action’s 2008 voter guide could not name a single Representative who voted in favor of reform every time.

 In 2008, 165 Representatives voted in support of a floor amendment barring the DEA from spending any federal funds to undermine state medical marijuana laws, not enough to win. In 2014, 219 Representatives voted in support of a similar amendment (House Vote 258 – see details on page

2014 Drug Policy Reform www.drugpolicyaction.org 2 Congressional Voter Guide

seven) offered by six Republicans and six Democrats marijuana legalization had gone from third-rail topic and the amendment passed. to thoroughly mainstream.

 Over the past two years bipartisan support has  February 2014: the Obama Administration emerged for reforming mandatory minimum announces new guidelines giving banks more leeway sentencing for drug law violations and letting people to provide financial services to state-licensed out of federal prison early. This builds on bipartisan marijuana businesses. legislation that Congress passed in 2010 reducing crack cocaine sentences.  March 2014: the U.S. Senate Judiciary Committee takes an historic step in passing the Smarter The past two years have featured numerous decisive Sentencing Act, bipartisan sentencing reform steps by congressional lawmakers and officials in the legislation that represents the biggest overhaul in Obama administration towards advancing drug policy federal drug sentencing in decades. reform and protecting states from federal interference that would otherwise undermine implementation of drug  April 2014: the Department of Justice announces policy reforms by state and local officials across the that clemency and pardon guidelines will be nation. The following timeline highlights several of these expanded so that they apply to more people decisive steps. incarcerated under a drug mandatory minimum sentence.  February 2013: Rep. Earl Blumenauer (D-3rd/OR) and Rep. Jared Polis (D-2nd/CO) establish the  May 2014: the U.S. House approves a bipartisan Sensible Drug Policy Working Group to serve as a amendment prohibiting the DEA from interfering forum for members of Congress to strategize and with state hemp production laws. The U.S. House collaborate on drug policy reform legislation. also approves a bipartisan amendment prohibiting the DEA from interfering with state hemp research  June 2013: the U.S. House approves a bipartisan programs. One month later, in June 2014, the Senate amendment to allow limited cultivation of industrial Appropriations Committee approves a similar hemp hemp within the United States for academic or amendment. agricultural research purposes in states that allow it.  May 2014: 219 members of the House pass a  August 2013: momentum for federal criminal justice bipartisan amendment prohibiting the DEA from reform accelerates when Attorney General Eric undermining medical marijuana laws in twenty-three Holder announces major federal sentencing policy states, as well as eleven additional states that regulate changes, including dropping the use of mandatory CBD oils. Senator Rand Paul (R-KY) and Senator minimum sentencing in certain drug cases, and Cory Booker (D-NJ) introduced a similar working with Congress to pass bipartisan sentencing amendment in the Senate but the underlying reform. appropriations bill never made it to the floor due to senate dysfunction so a vote on the amendment was  August 2013: U.S. Department of Justice officials never held. announce that it will not challenge state marijuana laws, thus giving a limited “green light” to states like  July 2014: the U.S. House passes a bipartisan Washington and Colorado to pursue legalization. amendment preventing the Treasury Department The Department of Justice issues a directive to from spending any funding to penalize financial federal prosecutors instructing them not to interfere institutions that provide services to marijuana with state marijuana laws – as long as a number of businesses that are legal under state law. stipulations are adhered to, such as preventing Concurrently, the House rejects another amendment distribution to minors. barring the Treasury Department from implementing guidance to ease access to banks by marijuana  September 2013: the U.S. Senate Judiciary businesses. Committee holds a historic hearing on the conflict between state and federal marijuana laws that features a reasoned discussion among Senators and government officials on the implementation of state marijuana legalization, underscoring the fact that

2014 Drug Policy Reform www.drugpolicyaction.org 3 Congressional Voter Guide

About Drug Policy Action in Congress. Thirdly, this guide only covers the U.S. House of Representatives because of the lack of Drug Policy Action is a not-for-profit, nonpartisan meaningful or recorded drug-related floor votes in the 501(c)4 organization dedicated to promoting alternatives U.S. Senate in 2013 and 2014. Finally, this guide covers all to the war on drugs that reduce the harms of both drug U.S. House Representatives who served during the 113th use and drug prohibition. On Capitol Hill, in the media, Congress. Some Representatives who are listed are not and in communities across the country, Drug Policy running for re-election. This guide does not provide Action supports efforts to reform drug laws, reduce information about candidates running against incumbents stigma and discrimination against people who use drugs. or candidates running for a vacant congressional seat. Drug Policy Action’s congressional priorities include: Most important to this survey is how U.S.

Representatives voted on the following seven floor votes:  Eliminating mandatory minimum sentencing

and supporting other incremental reforms to 1. House Vote 269. An amendment to H.R. 1947 drug sentencing that would have amended the federal Controlled  Opposing measures that increase existing drug Substances Act to allow colleges and universities sentences or criminalize more drugs to grow and cultivate industrial hemp in states  Cutting wasteful drug war spending and where it is already legal without fear of federal shifting the focus of the federal drug budget interference. (Drug Policy Action supported the from failed supply-side programs to cost- amendment). effective demand and harm reduction strategies. 2. House Vote 250. An amendment to H.R. 4660  Prohibiting the federal government from that would have cut the Drug Enforcement undermining state marijuana reform laws and Administration’s budget by $35 million. (Drug advancing legislation allowing states to reform Policy Action supported the amendment). their drug policies without federal interference.  Eliminating collateral sanctions associated with 3. House Vote 257. An amendment to H.R. 4660 drug law convictions that would have barred the U.S. Justice  Removing barriers to drug treatment Department and the Drug Enforcement  Implementing policies that reduce drug Administration from spending any funding to overdoses and the spread of HIV/AIDS and undermine state laws that allow hemp hepatitis C cultivation. (Drug Policy Action supported the amendment).

About the 2014 Voter Guide 4. House Vote 258. An amendment to H.R. 4660 that would have barred the U.S. Justice

Department and the Drug Enforcement The 2014 Drug Policy Reform Congressional Voting Administration from spending any funding to Guide is a nonpartisan tool for gauging members of undermine state medical marijuana laws. (Drug Congress on their commitment to reforming failed U.S. Policy Action supported the amendment). drug policies. This guide is designed to educate voters on which members of Congress support drug policy reform 5. House Vote 260. An amendment to H.R. 4660 and which do not. It covers key drug policy votes in the that would have barred the DEA from blocking U.S. House of Representatives during 2013 and 2014 (the implementation of a federal law that allows 113th Congress). hemp cultivation for research purposes in states that allow it. (Drug Policy Action supported the This guide has four limitations, however. First, it only amendment). covers recorded floor votes that Drug Policy Action communicated its position to U.S. Representatives prior 6. House Vote 415. An amendment to H.R. 5016 to the vote on which every U.S. Representative had an that would have prevented the U.S. Justice and Treasury Department from implementing their opportunity to participate in (committee votes are guidance to banks and other financial excluded). Secondly, because most bills are never called institutions on how they can interact with up for a vote, this guide is limited to what Congress marijuana businesses that are licensed under decides to vote on. It does, however, include a helpful state law. (Drug Policy Action opposed the overview of the most important drug policy reform bills amendment).

2014 Drug Policy Reform www.drugpolicyaction.org 4 Congressional Voter Guide

7. House Vote 418. An amendment to H.R. 5016 2nd/CO), Rep. Barbara Lee (D-13th/CA), Rep. James that would have barred the U.S. Treasury Moran (D-8th/VA), Rep. Steve Cohen (D-9th/TN), Rep. Department from spending any funding to Sam Farr (D-20th/CA), Rep. Raúl Grijalva (D-3rd/AZ), penalize financial institutions that provide Rep. Jerrold Nadler (D-10th/NY), Rep. Alcee Hastings services to marijuana businesses that are legal (D-20th/FL), Rep. Janice Schakowsky (D-9th/IL), Rep. under state law. (Drug Policy Action supported Michael Honda (D-17th/CA) and Rep. Jared Huffman the amendment). (D-2nd/CA)

H.R. 689 would reform federal drug laws to recognize Drug Policy Reform Bills in Congress the medicinal use of marijuana and require the federal government to remove marijuana from Schedule I of the Members of the U.S. House of Representatives Controlled Substances Act. The legislation would require introduced dozens of drug policy related bills during the the federal government to improve access to marijuana two years – 2013 and 2014 – of the 113th Congress. Five for medical research, transfer the regulation of medical marijuana to the states and protect individuals who are bills stand out. acting in compliance with state medical marijuana laws

from federal arrest and prosecution. Respect State Marijuana Laws Act

H.R. 1523 Smarter Sentencing Act of 2013

H.R. 3382 Introduced by Rep. Dana Rohrabacher (R-48th/CA),

Rep. Steve Cohen (D-9th/TN), Rep. Don Young (R- Introduced by Rep. Raúl Labrador (R-1st/ID), Rep. AL/AK), Rep. Jared Polis (D-2nd/CO), Rep. Justin Bobby Scott (D-3rd/VA), Rep. John Conyers (D- Amash (R-3rd/MI), and Rep. Earl Blumenauer (D- 13th/MI), Rep. Hank Johnson (D-4th/GA), Rep. Cedric 3rd/OR). Richmond (D-2nd/LA), Rep. Spencer Bachus (R-

6th/AL), Rep. Steve Cohen (D-9th/TN), Hakeem Jeffries H.R. 1523 would exempt individuals acting in (D-8th/NY) and Rep. Rodney Davis (R-13th/IL) compliance with state marijuana laws from federal arrest

and prosecution in states that have reformed their H.R. 3382 would reduce federal mandatory sentencing marijuana laws. This bipartisan legislation keeps the levels for certain drug law violations and expand the federal government out of the business of criminalizing application of an exception to mandatory minimum marijuana activities in states that do not want it to be sentencing laws - known as the federal safety valve – criminal. that is available to judges responsible for sentencing a

person convicted of a drug law violation. Expanding the Ending Federal Marijuana Prohibition Act federal safety valve would allow judges more discretion H.R. 499 in determining sentences for non-violent drug law

violations and permit judges to consider the unique facts Introduced by Rep. Jared Polis (D-2nd/CO), Rep. Earl of each case and the unique circumstances of each Blumenauer (D-3rd/OR), Rep. Steve Cohen (D-9th/TN), individual before them. Barbara Lee (D-13th/CA), Rep. Janice Schakowsky (D-

9th/IL), Rep. Jerrold Nadler (D-10th/NY), Rep. Jared H.R. 3382 would also make the reform to the crack- Huffman (D-2nd/CA), Rep. Michael Honda (D- powder cocaine sentencing disparity that Congress 17th/CA), Rep. James Moran (D-8th/VA) and Rep. passed in 2010 retroactive, so that thousands of people Eleanor Holmes Norton (D-AL/DC) sentenced under the racially unjust crack/powder

cocaine sentencing disparity could receive shortened

terms of incarceration. A similar bipartisan measure was H.R. 499 would end federal marijuana prohibition and introduced in the Senate and was approved by the set up a federal regulatory process – similar to the one Senate Committee on the Judiciary (see page three for for alcohol – for states that tax and regulate marijuana details). sales.

Stop Overdose Stat (S.O.S.) Act States' Medical Marijuana Patient Protection Act H.R. 4169 H.R. 689

H.R. 4169 introduced by Rep. Donna F. Edwards (D- Introduced by Rep. Earl Blumenauer (D-OR), Rep. 4th/MD), Rep. Karen Bass (D-37th/CA), Rep. Andre Dana Rohrabacher (R-48th/CA), Rep. Jared Polis (D- Carson (D-7th/IN), Rep. Elijah Cummings (D-7th/MD),

2014 Drug Policy Reform www.drugpolicyaction.org 5 Congressional Voter Guide

Rep. Keith Ellison (D-5th/MN), Rep. William Keating processed industrial hemp for use in products for sale in (D-9th/MA), Rep. Barbara Lee (D-13th/CA), Rep. the United States. Yet, nineteen states have passed laws to Stephen Lynch (D-8th/MA), Rep. Michael Michaud (D- permit industrial hemp cultivation for research purposes 2nd/ME), Rep. Charles Rangel (D-13th/NY), Rep. Tim and at least eight states have passed laws permitting or Ryan (D-13th/OH), Rep. Allyson Schwartz (D-13th/PA), promoting the cultivation of industrial hemp as an Rep. José Serrano (D-15th/NY), Rep. Carol Shea-Porter agricultural commodity. (D-1st/NH), Rep. John Tierney (D-6th/MA), Rep. Paul Tonko (D-20th/NY), Rep. Frederica Wilson (D- On June 20, 2013, Rep. Jared Polis (D-2nd/CO), Rep. 24th/FL), Rep. Bill Foster (D-11th/IL) and Rep. Ben Ray Thomas Massie (R-4th/KY), and Rep. Earl Blumenauer Lujan (D-3rd/NM) (D-3rd/OR) introduced an amendment to H.R. 1947 on the House floor that amended federal law to allow H.R. 4169 would establish a federal plan to reduce colleges and universities to grow and cultivate industrial overdose fatalities and improve access to naloxone and hemp for academic and agricultural research purposes in other overdose prevention resources to first responders states where it is already legal to grow and cultivate and community members. Naloxone is a medication that industrial hemp without fear of federal interference. This quickly reverses an overdose from heroin and opioid bipartisan amendment was introduced during pain medications. The bill would also improve public consideration of a major agricultural bill known as the awareness of overdose risk and expand federal research “Farm Bill.” The Farm Bill later passed Congress and and surveillance activities designed to reduce preventable state-legal industrial hemp cultivation for research drug overdoses from heroin, prescription medications purposes became legal in 2014. Drug Policy Action and other drugs. supported this amendment as a common sense step towards removing hemp from federal drug laws Presently, few federal dollars support community-based altogether. overdose prevention programs that save lives by equipping people at risk of experiencing or observing an The amendment was passed 225-200 (Drug Policy overdose with the knowledge and tools needed to safely Action: Vote YES) and rapidly reverse a life threatening overdose. The Centers for Disease Control and Prevention reports that House Vote 250 - Amendment to H.R. 4660 on more than 41,000 people in the United States died from Preventing the Drug Enforcement Administration from a drug overdose in the year 2011 alone. Nearly 80 Getting a Raise percent of those deaths were due to unintentional drug overdoses, and many could have been prevented. Deaths The Drug Enforcement Administration (DEA), and resulting from unintentional drug overdoses nearly DEA administrator Michele Leonhart, have provoked tripled between 1999 and 2011. criticism from congressional lawmakers and the public following a string of agency scandals, evidence of Notably, Sen. Jack Reed (D-RI) introduced a companion corruption, and ongoing efforts by the DEA to obstruct to the Stop Overdose Stat (S.O.S.) Act in the U.S. Senate scientific research and undermine the implementation of earlier this year. The Overdose Prevention Act (S. 2755) state laws reforming marijuana and other drug policies. was cosponsored by Sen. Richard Durbin (D-IL), Sen. On May 29, 2014, Rep. Jared Polis (D-2nd/CO) and Rep. Sheldon Whitehouse (D-RI), Sen. Edward Markey (D- Paul Broun (R-10th/GA) offered an amendment to H.R. MA) and Sen. Patrick Leahy (D-VT). 4660 on the House floor that would have cut the Drug Enforcement Administration’s budget in H.R. 4660, a federal appropriations bill that included annual funding Background on Key 2013 and 2014 House Votes for federal law enforcement, by $35 million. The Drug Enforcement Administration (DEA) was allocated $35 House Vote 269 – Amendment to H.R. 1947 on million more than both chambers of Congress awarded Allowing Colleges and Universities to Cultivate State- the agency the previous federal budget year in FY 2014, Legal Industrial Hemp for Research Purposes which was the amount that President Obama requested for the DEA in his FY 2015 budget request. Drug Policy For decades, the federal government has banned Action supported this amendment as a means to ensure industrial hemp cultivation and categorized industrial that the DEA did not receive a raise it did not deserve. hemp and marijuana together as Schedule I substances. The federal government has erroneously treated hemp as The amendment was rejected 66-339 (Drug Policy a drug and prohibited the cultivation of hemp within the Action: Vote YES) United States, despite permitting the legal importation of

2014 Drug Policy Reform www.drugpolicyaction.org 6 Congressional Voter Guide

House Vote 257 – Amendment to H.R. 4660 on marijuana laws. This bipartisan amendment was Preventing the U.S. Department of Justice and Drug spearheaded by Republican Congressman Dana Enforcement Administration from Undermining State Rohrabacher, who is a long-standing opponent of the Hemp Cultivation Laws Department of Justice’s use of federal money to undermine state medical marijuana laws, and sponsored Under federal law, hemp is not legal to grow in the by six Democratic members of Congress and five other United States unless it is being grown in accordance with Republican members of Congress. the recently passed Farm Bill law that permits state-legal hemp cultivation for the purpose of conducting academic or agricultural research. Some states have made its Twenty-three states and the District of Columbia have cultivation legal, but most of these states have not yet laws that legalize and regulate marijuana for medicinal begun to grow it because of resistance from the Drug purposes. Eleven states have laws on the books or are Enforcement Administration. about to be signed into law by their governors regulating cannabidiol (CBD) oils, a non-psychotropic component On May 30, 2014, Rep. Suzanne Bonamici (D-1st/OR), of medical marijuana which some parents are utilizing to Rep. Thomas Massie (R-4th/KY), Rep. Jared Polis (D- treat their children’s seizures. 2nd/CO), Rep. Earl Blumenauer (D-3rd/OR) and Rep. Andy Barr (R-6th /KY) offered an amendment to H.R. Drug Policy Action supported this amendment because 4660 on the House floor that would have barred the U.S. marijuana should be made available for medical use and Justice Department and the Drug Enforcement the federal government should stop wasting resources Administration from spending any funding to undermine undermining state medical marijuana laws and interfering state laws that allow hemp cultivation. Recognizing that with the implementation of state laws that regulate patient the erroneous categorization of hemp as a drug under federal law is one but many examples where substances access to medical marijuana. have been improperly scheduled, Drug Policy Action supported this bipartisan amendment as a common sense The amendment was passed 219-189 (Drug Policy step towards the goal of removing hemp from federal Action: Vote YES) drug laws altogether. House Vote 260 - Amendment to H.R. 4660 on Preventing the U.S. Department of Justice and Drug The amendment was passed 237-170 (Drug Policy Enforcement Administration from Undermining State Action: Vote YES) Hemp Cultivation Laws

House Vote 258 – Amendment to H.R. 4660 on In February 2014, President Obama signed “Farm Bill” Preventing the U.S. Department of Justice and Drug legislation previously passed by Congress, which Enforcement Administration from Undermining State contained a provision that legalized the production of Medical Marijuana Laws hemp for research purposes in states that want to allow it. But when Kentucky tried to import hemp seeds to Since California voters became the first state to legalize begin production soon after the “Farm Bill” took effect, medical marijuana in 1996, the Drug Enforcement the Drug Enforcement Administration seized the seeds. Administration has led countless federal raids of medical Kentucky officials, including Kentucky Republican marijuana dispensaries in medical marijuana states across Agriculture Commissioner James Comer, Kentucky the country, in many instances arresting providers and Senator Rand Paul (R-KY), and Senate Minority Leader patients and closing state-licensed dispensaries. Mitch McConnell (R-KY) were angered. McConnell told On May 30, 2014, Rep. Dana Rohrabacher (R-48th/CA), Politico that “it is an outrage that DEA is using finite Rep. Sam Farr (D-20th/CA), Rep. Don Young (R- taxpayer dollars to impound legal industrial hemp seeds.” AL/AK), Rep. Earl Blumenauer (D-3rd/OR), Rep. Tom The Kentucky Agriculture Department briefly sued the McClintock (R-4th/CA), Rep. Steve Cohen (D-9th/TN), DEA to deliver the hemp seeds to Kentucky officials. Rep. Paul Broun (R-10th/GA), Rep. Jared Polis (D- th 2nd/CO), Rep. Steve Stockman (R-36th/TX), Rep. On May 30, 2014, Rep. Thomas Massie (R-4 /KY), Rep. rd Barbara Lee (D-13th/CA), Rep. Justin Amash (R-3rd/MI) Earl Blumenauer (D-3 /OR), Suzanne Bonamici (D- st th and Rep. Dina Titus (D-1st/NV) offered an amendment 1 /OR), Andy Barr (R-6 /KY) and Rep. Jared Polis (D- 2nd/CO) offered an amendment to H.R. 4660 on the to H.R. 4660 on the House floor to bar the U.S. Justice House floor that would have barred the DEA from Department and the Drug Enforcement Administration blocking implementation of a federal law passed by from spending any funding to undermine state medical Congress in 2013 that allows hemp cultivation for

2014 Drug Policy Reform www.drugpolicyaction.org 7 Congressional Voter Guide

academic and agricultural research purposes in states that federal law and being penalized with Treasury allow it. Drug Policy Action supported this bipartisan Department regulations and fines. This creates public amendment as a common sense step towards the goal of safety risks for employees, bystanders, and police removing hemp from federal drug laws altogether. officers. Twenty-three states and the District of Columbia have legalized marijuana for medical use and The amendment was passed 246-162 (Drug Policy two states (Colorado and Washington) have legalized Action: Vote YES) marijuana like alcohol.

On July 16, 2014, Rep. Denny Heck (D-10th/WA), Rep. House Vote 415 – Amendment to H.R. 5016 on Ed Perlmutter (D-7th/CO), Rep. Barbara Lee (D- Allowing State-Legal Marijuana Businesses to Access 13th/CA), and Rep. Dana Rohrabacher (R-48th/CA) Financial Institutions offered an amendment to H.R. 5016 on the House floor

to bar the U.S. Treasury Department from spending any On February 14, 2014, the U.S. Department of Justice funding to penalize financial institutions that provide and the Financial Crimes Enforcement Network, a services to marijuana businesses that are legal under state bureau of the U.S. Department of the Treasury, law. Drug Policy Action supported the bipartisan Heck- announced new guidelines to banks and other financial Perlmutter-Lee-Rohrabacher amendment because it institutions on how they can provide financial services to would protect public safety and prevent wasteful marijuana businesses that are licensed under state law. expenditure of federal resources and taxpayer money on The guidance applied to twenty-three states and the federal interference with the business of state-licensed District of Columbia that have legalized marijuana for marijuana dispensaries and protected the ability of thirty- medical use and two states (Colorado and Washington) four states to set their own marijuana policies. that have legalized marijuana like alcohol.

Many banks had declined to provide services such as The amendment was passed, 231-192. (Drug Policy checking accounts and credit cards to legal, regulated Action: Vote YES) marijuana dispensaries across the country out of fear of breaking federal law and being penalized with Treasury Department regulations and fines. As a result, state- 2014 Champions of Reform licensed marijuana businesses are forced to deal with large amounts of cash, creating public safety risks for The following Representatives have been selected as employees, bystanders, and police officers. Drug Policy Action’s 2014 Champions of Reform for (in all but one case) earning an “A+” from Drug Policy On July 16, 2014, Rep. John Fleming (R-4th/LA) offered Action for voting in favor of reform on every floor vote an amendment to H.R. 5016 on the House floor to bar the U.S. Justice and Treasury Department from featured in this guide and also for making other spending funds to implement this guidance. Drug Policy contributions to drug policy reform efforts in Congress. Action opposed the Fleming amendment because it would have disrupted this important guidance, Rep. Earl Blumenauer (D-3rd/OR) undermining public safety and accountability and wasting federal resources and taxpayer money and Rep. Blumenauer demonstrated leadership early on in the impeding efforts by federal officials to enable states to 113th Congress by joining Rep. Jared Polis (D-2nd/CO) in set their own marijuana policies in thirty-four states. establishing the first-of-its-kind Sensible Drug Policy Working Group for members of Congress and staff to The amendment was rejected, 186-236. (Drug Policy strategize and collaborate on drug policy reform Action: Vote NO) legislation. Rep. Blumenauer introduced several important drug policy reform bills in the 113th Congress, including House Vote 418 - Amendment to H.R. 5016 on the States’ Medical Marijuana Property Rights Protection Allowing State-Legal Marijuana Businesses to Access Act (H.R. 689), which is featured on page five. Rep. Financial Institutions Blumenauer also introduced the Small Business Tax Equity Act (H.R. 2240). Many state-licensed marijuana businesses are forced to deal with large amounts of cash because many banks Notably, Rep. Blumenauer sponsored or cosponsored all have declined to provide services such as checking but one of the drug policy reform bills Drug Policy accounts and credit cards to legal, regulated marijuana Action has highlighted in this voting guide. He shares the dispensaries across the country out of fear of breaking

2014 Drug Policy Reform www.drugpolicyaction.org 8 Congressional Voter Guide

distinction with Rep. Steve Cohen (D-9th/TN) in Rep. Steve Cohen (D-9th/TN) cosponsoring more drug policy reform bills that have earned the support of Drug Policy Action than any other Over the past two years, Rep. Cohen further solidified his member of Congress. Over the past two years, Rep. reputation for being an uncompromising advocate in Blumenauer cosponsored four floor amendments Congress for drug policy reform. Rep. Cohen frequently highlighted in this guide (House Votes 269, 257, 258, 260) questioned marijuana prohibition policies in and championed the efforts of his colleagues on both congressional hearings, cosponsored important drug sides of the aisle to advance drug policy reform through policy reform legislation and spoke in favor of drug policy the floor amendment process. Rep. Blumenauer’s record reform on the House floor. of support in the 113th Congress builds upon his years of support for drug policy reform efforts in Congress. Rep. Rep. Cohen also introduced two important drug policy Blumenauer received an “Honorable Mention” in Drug reform bills in the 113th Congress. The Unmuzzle the Policy Action’s 2008 voter guide. Drug Czar Act (H.R. 4046) would repeal a provision of federal law that requires the director of the Office of Rep. Dana Rohrabacher (R-48th/CA) National Drug Control Policy (ONDCP), informally known as the U.S. Drug Czar, to “take such actions as Rep. Rohrabacher worked tirelessly during the 113th necessary to oppose any attempt to legalize the use” of Congress to champion legislative efforts to exempt marijuana or any Schedule I drug for medical or non- individuals acting in compliance with state medical medical use. The provision prohibits ONDCP from marijuana laws from federal arrest and prosecution in studying legalization or speaking freely and truthfully states that have reformed their marijuana laws. In most of about marijuana and marijuana policy. the years beginning in 2003 and ending in 2012, Rep. Rohrabacher brought a medical marijuana amendment Rep. Cohen also introduced the National Commission on with former Representative Maurice Hinchey (D- Federal Marijuana Policy Act (H.R. 1635). Notably, Rep. 22nd/NY) to the floor of the U.S. House of Cohen cosponsored all but one of the drug policy reform Representatives in an effort to bar the federal government bills that Drug Policy Action has highlighted in this from spending funds to raid medical marijuana voting guide (H.R. 499, H.R. 689, H.R. 1523, and H.R. dispensaries and prosecute individuals acting in 3382). Rep. Cohen also cosponsored a floor amendment, compliance with state law. After Rep. Hinchey’s House Vote 258, earlier this year. retirement at the end of 2012, Rep. Rohrabacher brought a similar medical marijuana amendment (House Vote 258) Rep. Jared Polis (D-2nd/CO) to the House floor with the bipartisan support of eleven other Representatives. Rep. Rohrabacher later Rep. Polis led efforts to roll back federal marijuana cosponsored House Vote 418. prohibition on several fronts and continued to build on a track record of effective leadership in Congress that Rep. Rohrabacher introduced the Respect State Marijuana began when he first took office in 2009. In 2013, Rep. Laws Act (H.R. 1523), which is featured on page five. Polis introduced the Ending Federal Marijuana Rep. Rohrabacher also cosponsored eight other bills that Prohibition Act (H.R. 499), which is featured on page have earned the support of Drug Policy Action including five. two of the drug policy reform bills highlighted in this guide (H.R. 499 and H.R. 689). Rep. Rohrabacher has Rep. Polis also cosponsored ten bills that have earned the earned a reputation for being the leading conservative in support of Drug Policy Action including three of the drug Congress on protecting states from federal interference in policy reform bills highlighted in this guide (H.R. 689, the implementation of their marijuana laws and also H.R. 1523 and H.R. 3382). Earlier this year, Rep. Polis works skillfully across the aisle to get things done. sponsored a floor amendment, House Vote 250, which would have prevented the DEA from getting a raise that Rep. Rohrabacher’s record of support in the 113th Drug Policy Action agreed it did not deserve. Rep. Polis Congress builds upon his years of support for drug policy also cosponsored the medical marijuana floor reform efforts in Congress. Drug Policy Action selected amendment, House Vote 258. Rep. Rohrabacher as one of its “Heroes” in its 2008 voter guide. In addition, Rep. Polis has championed efforts to reform federal laws restricting industrial hemp cultivation within

2014 Drug Policy Reform www.drugpolicyaction.org 9 Congressional Voter Guide

the United States. In 2013, Rep. Polis sponsored a floor sponsored the Truth in Trials Act (H.R. 710), and amendment, House Vote 269, to allow colleges and cosponsored two drug policy reform bills highlighted in universities to cultivate legal industrial hemp for research this guide (H.R. 689 and H.R. 1523). Drug Policy Action purposes. In 2014, Rep. Polis cosponsored a floor selected Rep. Farr as one of its “Heroes” in its 2008 voter amendment, House Vote 260, to reaffirm House passage guide. of House Vote 269 a year earlier. Rep. Polis also cosponsored a floor amendment (House Vote 257) Rep. Bobby Scott (D-3rd/VA) offered by Rep. Suzanne Bonamici (D-1st/OR) barring the DEA from spending funds to undermine state hemp Rep. Scott introduced four drug policy reform bills that cultivation laws. Drug Policy Action supports: Youth PROMISE Act (H.R. 1318); The Justice Safety Valve Act (H.R. 1695); Rep. Beto O’Rourke (D-16th/TX) Fair Sentencing Clarification Act (H.R. 2369); and Fairness in Cocaine Sentencing Act (H.R. 2372). Rep. Rep. O’Rourke cosponsored three drug policy reform Scott cosponsored the Smarter Sentencing Act (H.R. bills highlighted in this guide (H.R. 1523, H.R. 3382 and 3382), which is highlighted on page five. Rep. Scott H.R. 4169). He was a critic of the war on drugs before served as an important advocate for drug policy reform, running for Congress, even writing a book on the subject. and particularly in support of repealing mandatory minimum sentencing laws, as a member of the U.S. Rep. Barbara Lee (D-13th/CA) House Committee on the Judiciary. Rep. Scott has a long track record of championing drug sentencing reform and Rep. Lee supported drug policy reform in a number of other drug policy reform initiatives. Drug Policy Action important ways during the 113th Congress. In addition to selected Rep. Scott as one of its “Heroes” in its 2008 cosponsoring four of the drug policy reform bills voter guide. highlighted in this guide (H.R. 499, H.R. 689, H.R. 1523 and H.R. 4169), Rep. Lee introduced the States’ Medical Rep. Eleanor Holmes Norton (D-AL/DC) Marijuana Property Rights Protection Act (H.R. 784). Rep. Lee cosponsored the medical marijuana floor Because she represents the District of Columbia, Rep. amendment, House Vote 258, with Rep. Rohrabacher and Norton was not permitted by congressional leadership ten other Representatives. Rep. Lee later cosponsored to vote on amendments or other legislation that reached the floor of the House. Thus, it is impossible to grade another floor amendment highlighted in this guide her based on votes. Nevertheless, Rep. Norton did not (House Vote 418). Drug Policy Action selected Rep. Lee let her inability to weigh in on the seven floor as one of its “Heroes” in its 2008 voter guide. amendments highlighted in this guide from deterring her from championing the cause of drug policy reform in Rep. Thomas Massie (R-4th/KY) other ways.

Rep. Massie championed efforts to reform federal laws When Rep. Andy Harris (R-1st/MD) spearheaded an restricting industrial hemp cultivation within the United effort to undermine the implementation of a local States. Rep. Massie cosponsored a floor amendment, marijuana reform law in Washington, D.C., Rep. Norton House Vote 269, to allow colleges and universities to took to the floor of the House to persuasively and cultivate legal industrial hemp for research purposes. In effectively request that her congressional colleagues not 2014, Rep. Massie sponsored a floor amendment, House interfere in Washington, D.C. efforts to reduce racial Vote 260, to reaffirm House passage of House Vote 269 a disparities in its criminal justice system. Rep. Norton year earlier. Rep. Massie also cosponsored a floor also cosponsored the Respect State Marijuana Laws Act amendment (House Vote 257) offered by Rep. Suzanne (H.R. 1523) and two other drug policy reform bills that Drug Policy Action has highlighted in this voting guide Bonamici (D-1st/OR) barring the DEA from spending (H.R. 499 and H.R. 689). Drug Policy Action previously funds to undermine state hemp cultivation laws. selected Rep. Norton as one of its “Champions of Reform” in the 2008 voter guide. th Rep. Sam Farr (D-20 /CA)

Rep. Farr played a leading role in support of the medical marijuana floor amendment (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives,

2014 Drug Policy Reform www.drugpolicyaction.org 10 Congressional Voter Guide

Honorable Mentions  Rep. Donna Edwards (D-4th/MD) – Earned an A+ voting record from Drug Policy Action. Rep. Edwards The following Representatives deserve honorable introduced the Stop Overdose Stat (S.O.S.) Act (H.R. mention for demonstrating leadership in the 113th 4169), which is highlighted on page six of this guide. Congress on drug policy reform efforts.  Rep. Jan Schakowsky (D-9th/IL) – Earned an A+  Rep. John Conyers (D-13th/MI) – Earned an A+ voting record from Drug Policy Action. Rep. voting record from Drug Policy Action and Schakowsky cosponsored four drug policy reform bills cosponsored two of the drug policy reform bills Drug highlighted in this guide (H.R. 499, H.R. 689, H.R. Policy Action has highlighted in this voting guide 1523 and H.R. 3382). (H.R. 3382 and H.R. 4169). As Ranking Member of the U.S. House Committee on the Judiciary during the  Rep. Mark Pocan (D-2nd/WI) – Earned an A+ 113th Congress, Rep. Conyers advocated effectively voting record from Drug Policy Action. Rep. Pocan for the repeal of mandatory minimum drug sentencing cosponsored four drug policy reform bills highlighted laws and has a long track record in Congress of in this guide (H.R. 499, H.R. 689, H.R. 1523 and H.R. championing drug sentencing reform. 3382).

 Rep. Suzanne Bonamici (D-1st/OR) – Earned an  Rep. Jerrold Nadler (D-10th/NY) – Earned an A+ A+ voting record from Drug Policy Action and voting record from Drug Policy Action. Rep. Nadler sponsored a floor amendment reforming federal laws cosponsored two drug policy reform bills highlighted that restrict domestic cultivation of industrial hemp in this guide (H.R. 499 and H.R. 689). (see House Vote 257). Rep. Bonamici also cosponsored a floor amendment (House Vote 260)  Rep. Ted Deutch (D-21st/FL) – Earned an A+ offered by Rep. Thomas Massie (R-4th/KY) to voting record from Drug Policy Action. Rep. Deutch reaffirm House passage of House Vote 269 a year introduced the National Criminal Justice Commission earlier. Act (H.R. 446) and cosponsored H.R. 3382.

 Rep. Paul Broun (R-10th/GA) – Earned an A+  Rep. Duncan Hunter (R-50th/CA) – Earned an A+ voting record from Drug Policy Action, cosponsored voting record from Drug Policy Action. Rep. Hunter the medical marijuana floor amendment (House Vote cosponsored H.R. 1523. 258) offered by Rep. Rohrabacher and ten other Representatives and cosponsored the floor  Rep. Chris Van Hollen (D-8th/MD) – Earned an amendment (House Vote 250) that would have denied A+ voting record from Drug Policy Action. Rep. Van the DEA a raise. Hollen cosponsored H.R. 3382.

 Rep. Justin Amash (R-3rd/MI) – Earned an A+  Rep. Hakeem Jeffries (D-8th/NY) – Earned an A+ voting record from Drug Policy Action. Rep. Amash voting record from Drug Policy Action. Rep. Jeffries cosponsored the medical marijuana floor amendment cosponsored H.R. 3382. (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives. Rep. Amash also  Rep. Tony Cárdenas (D-29th/CA) – Earned an cosponsored the Ending Federal Marijuana A+ voting record from Drug Policy Action. Rep. Prohibition Act (H.R. 1523). He has been an Cárdenas cosponsored H.R. 3382. outspoken critic of harsh sentences for people convicted of drug law violations.  Rep. Denny Heck (D-10th/WA) – Earned an A voting record from Drug Policy Action. Rep. Heck  Rep. Steve Stockman (R-36th/TX) – Earned an A+ sponsored House Vote 418, a floor amendment voting record from Drug Policy Action. Rep. highlighted on page eight of this guide. Stockman cosponsored the medical marijuana amendment (House Vote 258) offered by Rep.  Rep. Dina Titus (D-1st/NV) – Earned an A voting Rohrabacher and ten other Representatives. He also record from Drug Policy Action. Rep. Titus cosponsored H.R. 1523. cosponsored the medical marijuana floor amendment (House Vote 258) offered by Rep. Rohrabacher and

2014 Drug Policy Reform www.drugpolicyaction.org 11 Congressional Voter Guide

ten other Representatives. Rep. Titus also committee markup of a federal spending bill to block cosponsored H.R. 1523. District of Columbia lawmakers from implementing its marijuana decriminalization law and also would have  Rep. Tom McClintock (R-4th/CA) – Earned an A blocked District of Columbia lawmakers from legalizing voting record from Drug Policy Action. Rep. marijuana in the future. The amendment was accepted McClintock cosponsored the medical marijuana floor by Republicans on the committee. amendment (House Vote 258) offered by Rep. D.C.’s marijuana decriminalization law, which replaces Rohrabacher and ten other Representatives. criminal penalties with a $25 fine for possession, ensures

that people are no longer saddled with life-long  st Rep. Mark Sanford (R-1 /SC) – Earned an A convictions that make it difficult to obtain employment voting record from Drug Policy Action. Rep. Sanford and housing. D.C.’s decriminalization law is widely cosponsored H.R. 3382. viewed as a model for other jurisdictions looking to reduce racial disparities in the criminal justice system.  Rep. Rodney Davis (R-13th/IL) – Earned an A voting record from Drug Policy Action. Rep. Davis Rep. Harris has stood by his efforts to derail marijuana cosponsored H.R. 3382. law reform in the Nation’s Capital despite pleas from D.C.’s congressional representative, Rep. Eleanor  Rep Don Young (R-AL/AK) – Earned an A voting Holmes Norton (D-AL/D.C.), D.C. lawmakers and civil record from Drug Policy Action. Rep. Young rights leaders and advocates to leave D.C.’s efforts to cosponsored H.R. 1523. reduce racial disparities in the criminal justice system alone. Rep. Harris’s amendment even drew opposition  Rep. Ed Perlmutter (D-7th/CO) – Earned an A from the White House in a Statement of Administration voting record from Drug Policy Action. Rep. Policy. Perlmutter cosponsored H.R. 1523. In 2013, a study released by the American Civil Liberties  Rep Adam Smith (D-9th/WA) - Earned an A voting Union of the Nation’s Capital found that African record from Drug Policy Action. Rep. Smith American residents are eight times more likely to be arrested for marijuana possession in D.C. than white cosponsored H.R. 1523. residents. In fact, in 2010, blacks constituted 91 percent

of all marijuana arrests in D.C – despite the fact that  st Rep. Raul Labrador (R-1 /ID) – Earned a C voting data show whites and blacks use marijuana at similar record from Drug Policy Action. However, Rep. rates. Fortunately, Rep. Harris has been unsuccessful in Labrador showed leadership by introducing the blocking efforts by D.C. lawmakers and residents to Smarter Sentencing Act, H.R. 3382, which is featured reform local marijuana laws. on page five of this guide. Rep. John Fleming (R-4th/LA)

2014 Drug War Extremists Over the past two years, Rep. John Fleming could be counted on to defend drug war extremism and status The following Representatives have been selected as quo marijuana policies. Whether taking to the floor to Drug Policy Action’s 2014 Drug War Extremists for speak against floor amendments that would support opposing efforts by lawmakers to roll back punitive and states’ rights to reform their marijuana laws, improve counterproductive drug policies at every opportunity and access to medical marijuana and improve the ability of earning an “F” from Drug Policy Action for voting the states to regulate marijuana businesses, to distorting and wrong way on every floor vote. misrepresenting the facts about marijuana use in Rep. Andy Harris (R-1st/MD) hearings, floor speeches and briefings, Rep. Fleming has been a committed foe of marijuana reform efforts in Although Rep. Andy Harris has only completed one Congress. term in office, he has quickly cemented his reputation as being the lawmaker who has made it his mission to try Rep. Fleming planned to – but ultimately did not - and block a popular law in the District of Columbia that introduce a congressional resolution to block D.C.’s eliminated criminal penalties for the possession of small decriminalization law, and an amendment he offered on amounts of marijuana. In June 2014, Rep. Harris the House floor (House Vote 415, featured above) to offered an amendment during a congressional block efforts by the Obama administration to allow

2014 Drug Policy Reform www.drugpolicyaction.org 12 Congressional Voter Guide

marijuana businesses to access banking services failed on Drug Policy Action recognizes that Members of a 186-236 vote. Congress periodically have valid reasons to miss floor votes. Representatives who missed three or more votes Rep. Hal Rogers (R-5th/KY) that are featured in this guide, and were eligible to vote at the time these votes occurred, received an For years, Rep. Hal Rogers has used his powerful “incomplete” grade (“INC.”) In addition, several position as Chairman of the House Committee on Representatives who did not serve a complete term in Appropriations to preserve destructive drug policies that the 113th Congress (see page 29 for a list of changes in have cost hundreds of thousands of lives and U.S. U.S. House membership) received an “incomplete” taxpayers billions of dollars. Perhaps most unfortunate grade (“INC.”) has been his resistance in recent years to federal funding for syringe service programs. The House Speaker, who customarily does not vote, has been simply marked “S.” Despite overwhelming scientific evidence that syringe service programs save lives and reduce health care costs An At-Large congressional seat is denoted with “AL.” by preventing the spread of HIV and hepatitis C, Rep. Rogers championed efforts to reinstate the ban on The individual grades assigned by Drug Policy Action to federal funding in 2011 and has ignored pressure to lift the ban since that time. In the U.S., injection drug use each Representative do not indicate the full extent of her has accounted for more than one-third (36 percent) of or his support for drug policy reform or Drug Policy AIDS cases – more than 354,000 people, according to Action positions. The voting record is neither an the Centers for Disease Control and Prevention (CDC). endorsement nor a condemnation of any member of Yet, the federal funding for sterile syringe access Congress. programs persists, even though the CDC has found that such programs lower incidence of HIV/AIDS among This voting record covers the 113th Congress and is people who inject drugs by 80 percent. distributed to every member of Congress. This voting record lists roll-call votes officially recorded on the floor In June 2014, more than 140 local, national and of the House of Representatives. international organizations released a letter addressed to Rep. Rogers calling on Congress to end the archaic federal funding ban on syringe service programs (SSPs). Grading Scale Rep. Rogers did not respond to the letter. A+ Voting in favor of reform on all 7 votes A Voting in favor of reform on 6 votes Methodology B+ Voting in favor of reform on 5 votes B Voting in favor of reform on 4 votes Drug Policy Action graded members of Congress based C Voting in favor of reform on 3 votes on their votes on seven floor amendments considered by D Voting in favor of reform on 2 votes all members of the U.S. House of Representatives during F Failing to vote for reform on at least 2 votes the 113th Congress who were eligible to participate in each of these highlighted votes. Drug Policy Action has assigned each member a letter grade based upon the How Your U.S. Representative Voted percentage of floor votes that each Representative voted the position favored by Drug Policy Action. To find out who represents you in the U.S. House of Representatives call the U.S. Capitol Switchboard at 202- Drug Policy Action only graded U.S. Representatives on 224-3121 or visit www.house.gov. their votes on floor amendments on which members of Congress were proactively requested to vote either in support or opposition to take a certain position on legislation featured in this guide.

An absent (“DNV”) vote lowers a Representative’s score and grade.

2014 Drug Policy Reform www.drugpolicyaction.org 13 Congressional Voter Guide

Roll Call Voting Table

2014 Drug Policy Reform www.drugpolicyaction.org 14 Congressional Voter Guide