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Analysis: Breaking Down Congress’s Vote To Protect Legal Marijuana States From Federal Enforcement

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In one of the most significant legislative victories in the history of the marijuana reform movement, an amendment blocking the Department of Justice from interfering in state-legal cannabis programs was approved for the first time in the U.S. House of Representatives last week.

In a 267-165 vote, the measure passed handily, drawing support from all but eight Democrats and nearly a quarter of the Republican caucus. The amendment’s passage seems to affirm what advocates have suspected—that broad reform is within arm’s reach in the 116th Congress.

But a closer look at the vote tally reveals subtle trends, dissents, individual vote flips and developments that paint a fuller picture of the state of marijuana politics in the Democratic-controlled chamber.

First, a top-level look: the last time this amendment was up for consideration in 2015, it came nine flipped votes short of passing, with a final tally of 206-222. It gained 61 “yes” votes in that time, which is a reflection of evolving public opinion on the issue and was also likely influenced by the fact that several sizable states such as California, Michigan and Illinois have since opted to legalize cannabis, putting pressure on lawmakers to embrace a policy that protects their constituents from federal harassment.

State Action Makes A Difference

Geographic changes in the vote tally can be seen in the images below, courtesy of GovTrack.us. Blue represents Democrats and red represents Republicans, with dark shading indicating “yes” votes and lighter shading standing for “no” votes.

2015:

2015 vote, via GovTrack.us

2019:

2019 vote, via GovTrack.us

Among states that legalized adult-use marijuana subsequent to the prior amendment’s consideration, here’s how the the number of “yes” votes for the measure grew:

  • California: 40 vs. 46
  • Illinois: 10 vs. 14
  • Massachusetts: 6 vs. 9
  • Maine: 1 vs. 2
  • Michigan: 6 vs. 10
  • Nevada: 2 vs. 3
  • Vermont: 1 vs. 1

But not all of the growth came from states that have recently enacted legalization. All told, 20 individual members who were present for the prior amendment’s consideration switched their vote from “nay” to “aye” since 2015.

“No” to “yes” votes:

  • Rep. Karen Bass (D-CA)
  • Rep. Joyce Beatty (D-OH)
  • Rep. Yvette Clarke (D-NY)
  • Rep. Emanuel Cleaver II (D-MO)
  • Rep. Jim Cooper (D-TN)
  • Rep. Debbie Dingell (D-MI)
  • Rep. Bob Gibbs (R-OH)
  • Rep. Morgan Griffith (R-VA)
  • Rep. William Keating (D-MA)
  • Rep. Joseph Kennedy (D-MA)
  • Rep. Dan Lipinski (D-IL)
  • Rep. Stephen Lynch (D-MD)
  • Rep. Tom Reed II (R-NY)
  • Rep. Lucille Roybal-Allard (D-CA)
  • Rep. Terri Sewell (D-AL)
  • Rep. Mike Simpson (R-ID)
  • Rep. Paul Tonko (D-NY)
  • Rep. Marc Veasey (D-TX)
  • Rep. Filemon Vela (D-TX)
  • Rep. Greg Walden (R-OR)

Meanwhile, seven members flipped their votes in the opposite direction.

“Yes” to “no” votes:

  • Rep. Rob Bishop (R-UT)
  • Rep. Mo Brooks (R-AL)
  • Rep. Vern Buchanan (R-FL)
  • Rep. Jeff Duncan (R-SC)
  • Rep. Barry Loudermilk (R-GA)
  • Rep. Scott Perry (R-PA)
  • Rep. Scott Tipton (R-CO)

Support And Opposition Across Party Lines

The measure enjoyed some bipartisan support, but while a sizable bloc of members joined the “aye” side, there were actually four fewer total Republicans who voted in favor of the amendment this round as compared to 2015. Why? The shift is partially related to loss of marijuana-friendly GOP members in the 2018 midterm election. For example, Reps. Dana Rohrabacher (R-CA), Carlos Curbelo (R-FL) and Mike Coffman (R-CO) each voted in favor of the 2015 amendment and otherwise championed cannabis reform to some extent, but lost reelection bids last year.

Plus there are those noted above who actually supported the measure last time but voted against it this year.

Perhaps some members took issue with the broader language of the new version, which extended protections to Washington, D.C. and U.S. territories, unlike the prior amendment, which lined up more squarely with Republican “states’ rights” views.

Another explanation could come down to partisanship. GOP Congressman Tom McClintock of California was the lead sponsor of the 2015 version, when Republicans controlled the House, whereas Rep. Earl Blumenauer (D-OR) took the helm this year, with McClintock as a cosponsor. With dozens of amendments to consider in a row in floor voting blocks of just two minutes each, it’s within reason to assume that some lawmakers approached some votes along party lines, leading some Republicans to vote for the prior measure led by their caucus-mate in 2015 after a quick glance.

An even simpler answer to the question of why there were fewer Republican “aye” vote this time is that there are just fewer GOP members in the chamber to begin with in light of Democrats’ electoral success in last year’s midterms in which they readily won control of the chamber.

Regardless, the 267-vote win is remarkable. More members voted for this amendment than they did for a narrower measure that simply prevented Justice Department interference in state medical cannabis programs in 2015. That tally was 242-186.

After the amendment was adopted, questions remained about the eight Democratic members who voted against the measure, given that marijuana reform is widely popular, especially among the party’s voters.

The most noteworthy Democratic “nay” vote came from Rep. Debbie Wasserman Schultz, the former chair of the Democratic National Committee, who has historically been opposed to many cannabis reform measures. She was joined by Reps. Henry Cuellar (D-TX), Sharice Davids (D-KS), Josh Gottheimer (D-NJ), Conor Lamb (D-PA), Collin Peterson (D-MN), Tom Suozzi (D-NY) and Jeff Van Drew (D-NJ) in opposing the measure.

But overall, Democratic members sent a forceful message about where the party stands on the issue. Leadership sent a “yes” recommendation in a whip email distributed before the vote, and presidential candidates and even some who’ve historically been reluctant to back cannabis reform joined hands to push the measure forward.

Presidential hopefuls Reps. Tulsi Gabbard (D-HI) and Seth Moulton (D-MA) voted for it. (Other contenders Reps. Eric Swalwell (D-CA) and Tim Ryan (D-OH) were absent for the vote as well as others taking place on Thursday.)

Leadership votes in favor of the amendment include Judiciary Committee Chair Rep. Jerry Nadler (D-NY); Appropriations Committee Chair Rep. Nita Lowey (D-NY); Commerce, Justice and Science Appropriations Subcommittee Chair Rep. Jose Serrano (D-NY); Majority Leader Steny Hoyer (D-MD); Deputy Speaker Ben Ray Luján (D-NJ) and Majority Whip Jim Cylburn (D-SC).

Every Democratic member of the Judiciary Committee voted in favor of the measure—another positive sign as lawmakers continue to pursue various pieces of marijuana legislation that will likely have to pass through the panel.

Curiously, however, Rep. Doug Collins (R-GA), minority ranking member on the Judiciary who’s advocated for a separate bill to let states set their own cannabis policies, voted against the amendment. That said, McClintock and other GOP members of the panel—Reps. Kelly Armstrong (R-ND), Ken Buck (R-CO), Matt Gaetz (R-FL), Guy Reschenthaler (R-PA) and Gregory Steube (R-FL)—voted for the measure, indicating that broad legislation to reform federal cannabis laws could sail through the Judiciary Committee with solid bipartisan support.

On the Democratic side, Reps. Joe Kennedy (D-MA) and Rep. Dan Lipinski (D-IL), who have historically been hostile to cannabis reform, also voted for the measure this time around.

On the flip side, here are all 41 Republicans who bucked party leadership in voting in favor of the amendment:

  • Rep. Justin Amash (R-MI)
  • Rep. Kelly Armstrong (R-ND)
  • Rep. Don Bacon (R-NE)
  • Rep. Troy Balderson (R-OH)
  • Rep. Ken Buck (R-CO)
  • Rep. Chris Collins (R-NY)
  • Rep. James Comer (R-KY)
  • Rep. Rodney Davis (R-IL)
  • Rep. Russ Fulcher (R-ID)
  • Rep. Matt Gaetz (R-FL)
  • Rep. Greg Gianforte (R-MT)
  • Rep. Bob Gibbs (R-OH)
  • Rep. Anthony Gonzalez (R-OH)
  • Rep. Jenniffer González-Colón (R-PR)
  • Rep. Tom Graves (R-GA)
  • Rep. Morgan Griffith (R-VA)
  • Rep. Kevin Hern (R-OK)
  • Rep. Trey Hollingsworth (R-IN)
  • Rep. Duncan Hunter (R-CA)
  • Rep. Dave Joyce (R-OH)
  • Rep. Thomas Massie (R-KY)
  • Rep. Brian Mast (R-FL)
  • Rep. Tom McClintock (R-CA)
  • Rep. Paul Mitchell (R-MI)
  • Rep. Dan Newhouse (WA)
  • Rep. Amata Radewagen (R)
  • Rep. Tom Reed (R-NY)
  • Rep. Guy Reschenthaler (R-PA)
  • Rep. Tom Rice (R-SC)
  • Rep. Denver Riggleman (R-VA)
  • Rep. Mike Rogers (R-AL)
  • Rep. Chip Roy (R-TX)
  • Rep. David Schweikert (R-AZ)
  • Rep. Mike Simpson (R-ID)
  • Rep. Greg Steube (R-FL)
  • Rep. Fred Upton (R-MI)
  • Rep. Greg Walden (R-OR)
  • Rep. Michael Waltz (R-FL)
  • Rep. Steve Watkins (R-KS)
  • Rep. Ted Yoho (R-FL)
  • Rep. Don Young (R-AK)

Who Voted To Let The Feds Arrest Their Constituents?

While the increased number of votes in favor of the amendment seems to correspond, in part, with the rising number of states with legal marijuana programs, there were 17 members representing legal states who voted against protecting consumers who participate in their state’s cannabis system. Here’s a breakdown:

California

  • Rep. Ken Calvert (R)
  • Rep. Paul Cook (R)
  • Rep. Doug LaMalfa (R)
  • Rep. Devin Nunes (R)
  • Minority Leader Kevin McCarthy (R)

Colorado

  • Rep. Doug Lamborn (R)
  • Rep. Scott Tipton (R)

Illinois

  • Rep. Mike Bost (R)
  • Rep. Adam Kinzinger (R)
  • Rep. Darin LaHood (R)
  • Rep. John Shimkus (R)

Michigan

  • Rep. Jack Bergman (R)
  • Rep. Bill Huizenga (R)
  • Rep. John Moolenarr (R)
  • Rep. Tim Walberg (R)

Nevada

  • Rep. Mark Amodei (R)

Washington

  • Rep. Cathy McMorris Rodgers (R)

Advocates walked away with a demonstrable win on Thursday but, as a final note, the roll call tally might well have been even larger if it weren’t for certain absentees. Besides Ryan and Swalwell, those members include Reps. Alcee Hastings (D-FL), Ann Kirkpatrick (D-AZ) and Tom Emmer (R-MN)—all of whom voted in favor of the measure in 2015. There was just one member absent from the latest vote who voted against it last time.

Another indicator bodes well for the future of marijuana reform by demonstrating growing support from political newcomers is that among current members of Congress who weren’t in office during the 2015 vote, 98 voted in favor of the amendment while 50 voted against it.

Though advocates are celebrating the historic victory in the House, it remains to be seen whether the Republican-controlled Senate has an appetite for reform. That chamber’s Appropriations Committee is expected to begin its consideration of appropriations legislation that a similar amendment could potentially be attached to within the next few weeks.

Congressman Withdraws Veterans Marijuana Measure Amid VA Opposition

Photo courtesy of Philip Steffan.

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Kentucky GOP Congressman Touts ‘High Hemp IQ’ Of His Constituents

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Rep. James Comer (R-KY) says that he proved his political advisors wrong when he decided to champion hemp legalization.

When he served as Kentucky’s Agriculture Commissioner before joining Congress and first contemplated “making hemp a reality,” he was told that people would conflate the crop with marijuana and he’d face a backlash, Comer said during an interview that aired this week.

“They said the people of Kentucky will never know the difference. They’ll think you’re talking about marijuana and you’re done,” he said during the Kentucky Educational Television appearance. “You can’t be a Republican and do this.”

“But people in Kentucky are smarter than some people give us credit for, and the people in Kentucky knew the history of hemp,” he said, noting that his own grandparents cultivated the crop.

“We have a high hemp IQ in Kentucky, and people across America are now learning the difference between hemp and marijuana.”

One of the areas that Comer said he hopes to see expanded is the use of hemp fibers to create products such as furniture and car parts. He mentioned one example of a Kentucky company that’s creating hardwood flooring out of hemp, and House Agriculture Committee Chair Collin Peterson (D-MN) is going to tour that facility with him soon.

Shortly before becoming the panel’s chair, Peterson said he was considering growing hemp on his own farm.

Most of the existing hemp facilities in Kentucky are producing CBD oil, which Comer said he also takes to treat minor pain.

While hemp and its derivatives were federally legalized under the 2018 Farm Bill, businesses are still awaiting guidelines from the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). And that regulatory uncertainty has led some financial institutions to deny credit lines to hemp companies.

To that end, Comer said he and Senate Majority Leader Mitch McConnell (R-KY) are working closely to resolve the problem. That includes pushing for the Secure And Fair Enforcement (SAFE) Banking Act, which would protect banks that service state-legal cannabis businesses from being penalized by federal financial regulators.

“We teamed up with the marijuana people in the states,” Comer said.

Watch Comer’s hemp comments, starting around 5:30 into the video below:

“They’ve legalized marijuana. They’re selling marijuana. They’re not allowed to deposit the cash. They’re not allowed to take credit card transactions at those marijuana stores,” he said. “We have worked with them to try to create a system where you can have financial transparency, and that bill is making its way through Congress now.”

The SAFE Banking Act was approved by the House Financial Services Committee in March. And on Tuesday, the Senate Banking Committee took advocates by surprise after it announced that it would hold a hearing on marijuana banking issues next week, with just days left before the August recess.

Separately, the Senate Agriculture Committee will meet to discuss hemp production two days later.

McConnell has been an especially vocal advocate for hemp and CBD. For example, he led the head of USDA on a tour of a Kentucky hemp facility that produces CBD oil earlier this month.

Comer also claimed in the new interview that large pharmaceutical companies feel threatened by hemp-derived CBD as more consumers gravitate toward it as a “natural supplement” that could be a substitute for prescription painkillers.

“Now what you are having up here in Washington as we speak, the big drug companies are like, ‘Wow, people are buying this CBD oil and not buying our drug,'” the congressman said. “So they’re demanding that the FDA regulate it.”

He and McConnell are working to “keep the FDA off the backs of people,” Comer said.

While former FDA Commissioner Scott Gottlieb stressed that creating a regulatory pathway that allows for the lawful marketing of CBD as a food item or dietary supplement would take years without congressional action, the agency recently said that it is speeding up the rulemaking process and will issue a progress report by early fall.

USDA similarly recognized the intense interest from lawmakers and stakeholders in developing regulations for the crop, and it plans to issue an interim final rule for the crop in August.

Senate Schedules Second Cannabis Hearing For Next Week

Photo courtesy of KET.

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Psychedelics Decriminalization Moves Forward In Cities Around The U.S.

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Activists in Berkeley, California and Port Townsend, Washington took steps this week to get psilocybin mushrooms and other psychedelics decriminalized, following in the footsteps of successful similar efforts in Denver and Oakland.

In Berkeley, a decriminalization resolution advanced in a City Council committee on Wednesday, and organizers in Port Townsend spoke about their proposal at a county public health board meeting on Thursday, with plans to formally present it to the City and County Council.

The Berkeley measure would prohibit city departments and law enforcement from using any funds to enforce laws against possession, propagation and consumption of psychedelics by individuals 21 or older. Members of the City Council Public Safety committee unanimously voted to send the resolution to the body’s Public Health Committee for further consideration.

If that panel approves the measure, the full Council will schedule a hearing and vote on final passage. Decriminalize Nature, the group behind this resolution as well as the successful passage of neighboring Oakland’s psychedelics decriminalization effort last month, said they hope the Council will act on the measure by early November.

Separately, activists in Port Townsend announced that they delivered a speech about their psychedelics decriminalization proposal during a meeting of the Jefferson County Board of Health.

Beyond prohibiting the use of government funds to criminalize adults for using and possessing the substances, the local Washington resolution also calls on the city administrator to “instruct the City’s state and federal lobbyists to work in support of decriminalizing all Entheogenic Plants and plant-based compounds that are listed on the Federal Controlled Substances Schedule 1.”

“We are overwhelmed by the support of our community. Our group of supporters filled up half the audience,” the Port Townsend Psychedelic Society said in an Instagram post. “We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council.”

Alex Williams, who is leading the decriminalization effort in Berkeley, told Marijuana Moment that Wednesday’s Council committee meeting there “went better than I had anticipated” and that he feels “there is an excellent chance of the resolution passing.”

Watch the Berkeley Public Safety Committee discuss psychedelics, starting at about 42:00:

While Williams said two members of the committee seemed to be under the impression that the resolution is singularly geared toward recreational use and meant to “capitalize on a new market,” Decriminalize Nature plans to address those misconceptions, emphasizing that the measure would not provide for commercial manufacturing or sales and that “this process is very important to allowing safe, equitable access to marginalized communities.”

“It is essential that entheogenic substances be treats as sacred spiritual practices and healers,” he added.

The resolution defines entheogenic substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”

Two Councilmembers, Rigel Robinson and Cheryl Davila, are sponsoring the measure.

“You can imagine a day where, years from now, doctors working with patients with serious depression or veterans dealing with PTSD could actually offer them a more realistic and comprehensive suite of potential treatments, which may include some of these plants as the research over the last several decades has indicated,” Robinson said at the meeting.

While Berkeley might seem like an obvious target for psychedelics reform given the city’s decades-long close association with counterculture, the movement to remove criminal penalties is gaining steam nationally. Decriminalize Nature is maintaining a map of jurisdictions throughout the country where activists have expressed interest in pursuing a similar model.

Also this week, a resident spoke at a Columbia, Missouri City Council meeting, asking the body to consider a resolution to decriminalize psychedelics. At least one councilmember expressed interest in following through, and he called the therapeutic potential of the natural substances “very promising.”

Individuals from nearly 100 cities have reached out to the organization for assistance advancing their own decriminalization efforts.

Voters in Denver kicked things off by approving the nation’s first-ever ballot measure to decriminalize psilocybin mushrooms in May.

Activists are currently pursuing efforts to place psilocybin-focused measures on statewide ballots in California and Oregon for next year.

More Than 100 Marijuana Businesses Urge Congress To Include Social Equity In Legalization

Photo courtesy of Wikimedia/Mushroom Observer.

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Top Democratic Party Leader Flops With Attempted Joke About Trump Smoking Hemp

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The chairman of the Democratic National Committee (DNC) apparently thinks that hemp gets you high—and that getting high makes you dumb.

In an attempted dig at President Donald Trump, who said last week that farmers struggling amid a trade war were “over the hump,” DNC Chair Tom Perez said he thought the president “was smoking some hemp when he said they were over the hump.”

“If you smoke some hemp, I guess that would stimulate certain farm economies here,” he added during his remarks at a press conference in Wisconsin.

Watch Perez’s hemp comment at about 6:45 into the video below:

Because hemp contains only trace amounts of THC, the main psychoactive ingredient in marijuana, it wouldn’t get you high, as Perez implied. But legalization advocates say it’s especially problematic that a party leader is treating marijuana as a laughing matter in the first place.

“I would need to be smoking something a hell of a lot stronger than hemp to find Tom Perez’s weak attempt at a marijuana joke funny,” Erik Altieri, executive director of NORML, told Marijuana Moment.

“At a time when over 600,000 overwhelmingly black and brown Americans are still being arrested every year for simple possession, our failed and racist prohibition is no laughing matter,” he said. “While we have made great progress in winning elected officials nationwide to our cause, Perez illustrated that we have a lot of work left to do when it comes educating them about the issue and still a bit of a road to go down before we can stop dealing with dad jokes and bad weed puns.”

Don Murphy, director of federal policies for the Marijuana Policy Project, echoed that point.

“We need more leadership and action at the federal level, not more stupid jokes, puns and inaccurate comments about hemp’s ability to get you high,” he told Marijuana Moment. “Luckily that is something that many of his party’s presidential candidates understand,” he said. “Sadly, Mr. Perez does not.”

Perez’s position on cannabis policy isn’t quite clear, as he’s remained largely silent on the issue. In contrast, many 2020 Democratic presidential candidates are campaigning on broad marijuana reform proposals.

The DNC chair made his attempted hemp quip during a press availability in Milwaukee, where he is meeting donors and coordinating preparation for next year’s Democratic National Convention.

Senate Schedules Second Cannabis Hearing For Next Week

Photo courtesy of Flickr/Gage Skidmore.

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