O’Rourke is a long-time advocate of ending federal prohibition on marijuana. In his 2018 Senate race against Ted Cruz, O’Rourke was endorsed by the National Organization for the Reform of Marijuana Laws.

O'Rourke authored the book, Dealing Death and Drugs: The Big Business of Dope in the U.S. and Mexico: An Argument for Ending the Prohibition of Marijuana. in 2011.

O'Rourke proposes federal legalization of marijuana, creation of a regulated market, and taxing the marijuana industry to fund a monthly stipend to repay people who served prison time on nonviolent marijuana charges. His goal is to see those who were harmed by the strict “war on drugs” policies of the past now benefiting from money made in the marijuana business. This is the first plan to suggest direct payments to people who have been imprisoned on cannabis charges.

O'Rourke voiced support for the decriminalization of all drugs while discussing his plans to address the opioid overdose crisis on October 24, 2019, but did not name specific narcotics which he believed should be subject to alternative regulatory models than the status quo. O’Rourke calls heroin and meth, “a tougher set of issues,” and notes that trafficking and selling of these substances should remain under the purview of the justice system.

O'Rourke joins Sens. Cory Booker (N.J.) and Kamala D. Harris (Calif.) in calling for those convicted of marijuana possession to have their criminal records expunged.

O'Rourke sponsored a resolution as an El Paso city councilor in 2009, which called on Congress to have an "honest, open national debate on ending the prohibition” of marijuana."

O’Rourke’s plan would no longer allow marijuana charges to be considered grounds for denying citizenship or deporting immigrants.

O’Rourke also supports increased efforts to target the supply chain of fentanyl entering the U.S., intending to focus increased efforts on preventing the spread of the drug into the U.S. via the postal service and the DEA. O’Rourke says he will tighten government regulation and oversight of pharmaceutical companies and expand the Drug Enforcement Administration’s ability to hold drug distributors accountable for suspicious shipments. His plan would also look to curb the flow of illicit fentanyl into the U.S. by requiring China to increase its monitoring of the substance as a condition for trade negotiations and bilateral discussions.

“These are not criminal justice issues that warrant punishment. Beto understands that these are chronic brain diseases with the potential for both recovery and relapse.”

“We need to decriminalize the possession and use of drugs in this country. It is fundamental that we no longer pursue this as a criminal justice problem.”

“The focus on the war on drugs going on 50 years in this country not only has deprived other federal agencies and departments… it’s also militarized our communities” and thus solutions must shift funding away from the Drug Enforcement Administration.

“We need to not only end the prohibition on marijuana, but also repair the damage done to the communities of color disproportionately locked up in our criminal justice system or locked out of opportunity because of the War on Drugs,” ​O’Rourke said in a press release.​ “These inequalities have compounded for decades, as predominantly white communities have been given the vast majority of lucrative business opportunities, while communities of color still face over-policing and criminalization. It’s our responsibility to begin to remedy the injustices of the past and help the people and communities most impacted by this misguided war.”
O’Rourke Unveils a Plan to Legalize Marijuana, End War on Drugs
The Hill, September 19 2019
Chris Mills Rodrigo

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