Increase military veterans’ access to access medical cannabis. Shield state marijuana laws from federal interference. Protect industrial hemp growers’ water rights. Allow marijuana businesses to be taxed fairly and to access banking services.
That describes just some of the nearly three dozen cannabis-related amendments that Republican leadership in the U.S. House of Representatives has blocked from even being voted on during the current Congress, a new analysis by Marijuana Moment finds.
On at least 34 occasions, lawmakers—Democrats and Republicans alike—filed marijuana and drug policy reform proposals only to be stymied by the powerful Rules Committee, which decides which measures can advance to the House floor.
One Man Is The Biggest Obstacle To Congressional Marijuana Reform.
That panel, led by Congressman Pete Sessions (R-TX), has for the past several years instituted an effective roadblock to cannabis law reform by refusing to make any amendments dealing with the plant “in order.” That means the full 435-member roster of House never even gets an opportunity to vote on the measures.
This analysis only covers the current 115th Congress, which began in January 2017. Republican leaders have made a practice of blocking cannabis amendments since the previous summer.
The last time the House was allowed to vote on marijuana, in May 2016, a measure to allow military veterans to get medical cannabis recommendations from Department of Veterans Affairs doctors was approved by a overwhelming vote of 233 to 189. Several other marijuana measures were approved on the House floor in the two years preceding that, including proposals to let marijuana businesses store their profits in banks and to protect state medical cannabis laws from Justice Department interference, the latter of which made it into federal law and is still on the books.
In June 2015, an amendment to expand that protection to prevent the Department of Justice from interfering with all state marijuana laws—including those allowing recreational marijuana use and sales—came just nine flipped votes short of passage.
Since that time, the number of states with legal marijuana has more than doubled, meaning that far more legislators now represent constituents who would stand to be protected. Advocates are confident they could get the measure approved if given another opportunity, but the cannabis blockade by Sessions’s Rules Committee has meant that no more votes on it have been allowed.
While House Republicans have instituted a broader policy of blocking amendments deemed to be “controversial” after floor disputes on gay rights and gun policy measures threatened the passage of several spending bills in 2015, Sessions, who is not related to U.S. Attorney General Jeff Sessions, seems to have a particular problem with marijuana.
“I, as probably everybody in this rooms knows, have a strong opinion on drugs, illegal drugs, alcohol,” he said just before stymying a measure to prevent federal intervention in state cannabis laws earlier this year. “Marijuana is an addictive product, and the merchants of addiction make it that way. They make it for addiction. They make it to where our people, our young people, become addicted to marijuana and keep going.”
On another occasion, Sessions claimed that cannabis is now more potent than it was when he was a young man—by a mathematically impossible factor.
“When I went to high school…in 1973, I graduated, marijuana, on average, is 300 times more powerful,” he said. “That becomes an addictive element for a child to then go to the next thing.”
Legalization Supporters Target Sessions For Defeat.
Sessions, like all members of the House, is up for reelection this year. The Cook Political Report, which tracks congressional races, moved his seat—Texas’s 32nd congressional district—from being rated “Lean Republican” to the closer “Toss Up” status last month. In 2016, Hillary Clinton won the district.
Sensing an opportunity, marijuana reform advocates are targeting Sessions for defeat in 2018.
Pro-legalization Congressman Earl Blumenauer (D-OR), who has authored several of the blocked amendments, started a PAC and pledged to fund in-district billboards spotlighting Sessions’s anti-cannabis tactics.
Six of the amendments blocked by Sessions and his committee concerned military veterans’ access to medical cannabis. Five had to do with marijuana businesses’ ability to use banking services. Seven would have allowed states and Washington, D.C. to implement their own marijuana laws without federal interference.
“These are not controversial measures. They have bipartisan support,” Blumenauer told Marijuana Moment in an emailed statement. “By blocking our amendments, Sessions is standing in the way of progress, commonsense, and the will of the American people—and that includes Republican voters.”
Sessions faces Democrat Colin Allred, a former NFL player, in November.
“I support the use of medical marijuana as an alternative to the habit-forming opioids that have become a national crisis,” the challenger told Politico. “This common-sense approach to alternative treatments has been opposed by Pete Sessions, and is something I will fight to expand.”
It is unfortunate that Pete Sessions refuses to acknowledge that medical marijuana can help our veterans coming back from war who are struggling with PTSD and chronic pain. https://t.co/NxpfE55Xzr
— Colin Allred (@ColinAllredTX) June 7, 2018
The willingness to see Sessions go extends even to dedicated Republicans who could risk seeing control of the House tipped to Democrats in what is expected to be a very close midterm election overall.
“More often than not, elected officials respond to carrots and sticks. So if making Pete Sessions an electoral casualty is what it takes to advance drug policy reform, so be it,” Don Murphy, a Republican former Maryland state lawmaker who now serves as federal policies director for the Marijuana Policy Project (MPP), told Marijuana Moment. “If the GOP loses control of the House by one vote, it won’t be my fault. I tried to warn them.”
Former MPP executive director Rob Kampia says he’s aiming to raise half a million dollars to pour into the effort to defeat Sessions with his new outfit, the Marijuana Leadership Campaign, and a related political action committee.
More Cannabis Amendments Are Likely To Be Blocked Soon.
In the meantime, it seems likely that even more cannabis proposals will be added to the blocked tally when the Rules Committee considers a broad funding package this week which includes the Financial Services and General Government bill. Earlier versions of that annual appropriations legislation have been used as vehicles for measures concerning Washington, D.C.’s ability to spend its own money regulating marijuana and to allow cannabis growers, processors and retailers to access financial services.
Marijuana Moment’s analysis of blocked marijuana amendments relies heavily on a report issued in late May by Rules Committee Democrats, which tallied all blocked amendments across issues up to that point. (Marijuana Moment identified several subsequent cannabis measures that were prevented from reaching the floor following the Democratic report’s release.)
“Shutting down amendments and preventing debate is bad for the Congress as an institution, but is even worse for the country,” the Rules Committee minority, led by Congressman James McGovern of Massachusetts, wrote. “The inevitable result is partisan legislation written by a small number of Members, staff and lobbyists, with many bipartisan priorities left out in the cold.”
“Blocking amendments shuts out members of Congress from offering their ideas to improve legislation, and in doing so silences the voices of the millions of Americans they are elected to represent. So far during this record-breaking closed 115th Congress, 380 Members have had at least one amendment blocked from consideration by the Republican-controlled Rules Committee and Republican Leadership.
“These districts account for 270 million Americans. In other words, Representatives from roughly 80 percent of the county have been blocked from offering an idea for debate on the House Floor – the ideas their constituents sent them to Congress to advocate for on their behalf.”
In the report, which dubs the 115th Congress “the most closed Congress in history,” Democrats call out Speaker Paul Ryan (R-WI), who pledged to “uphold the rights of the minority” and “have a process that is more open, more inclusive, more deliberative, more participatory.”
“You are the first Speaker in history to have never allowed a truly open rule, which would permit all Members to offer their ideas on the floor of the House,” McGovern and Democratic colleagues wrote.
“The People’s House is meant to operate as a deliberative body. Shutting out the voices of the representatives of hundreds of millions of Americans erodes the foundation of our democracy, and makes the job of governing increasingly more difficult.”
While the Democrats highlight several issue areas such as guns, immigration, the environment, veterans affairs and criminal justice reform in their report narrative, they do not specially discuss the blocked marijuana amendments, which are included in an appendix that lists every submitted measure not “made in order” by the Rules Committee.
Among the cannabis-related amendments impeded during this Congress were measures to reduce funding for the Drug Enforcement Administration’s marijuana eradication efforts, shield military veterans from losing their benefits due to cannabis use, expand research on marijuana’s medical benefits, allow Indian tribes to enter the cannabis industry and create a federal excise tax on marijuana sales.
There were also measures that would have granted an official congressional apology for the damage done by the war on drugs and ceased the practice of punishing states that don’t automatically revoke drivers licenses from people convicted of drug offenses.
At a time when marijuana law reform enjoys overwhelming support from voters, and more states are modernizing their cannabis laws, lawmakers in the so-called “People’s House” are not even allowed to vote on the issue.
The Senate Saves The Day. Maybe.
For the past several years, cannabis reform advocates have been largely relying on the Senate to advance their proposals. Last month, for example, that chamber’s Appropriations Committee approved measures on veterans’ medical cannabis access and preventing Justice Department intervention in state medical marijuana laws. (The panel, however, blocked an amendment on banking for marijuana businesses.)
Meanwhile, advocates this year for the first time advanced a marijuana amendment out the House Appropriations Committee, circumventing the Pete Sessions floor blockade. That measure, to shield state medical cannabis laws from federal interference, has historically required House floor votes—now impossible, thanks to Sessions—or Senate action to advance.
The ultimate fate of the various Senate-approved marijuana measures now rests with bicameral conference committees that will merge the two chambers’ bills into single proposals to be sent to President Trump’s desk.
For example, both the Senate and the House approved separate versions of large-scale food and agriculture legislation known as the Farm Bill this year, but only the Senate version has hemp legalization language in it. Sessions’s Rules Committee blocked a House vote. It will be up to the conference committee to decide which version prevails.
Regardless of which party controls the chamber when the 116th Congress is seated in January, Ryan, who is retiring, will be gone. And if legalization supporters have their way, so will Sessions.
See below for the full list of cannabis amendment blocked by Pete Sessions and the Rules Committee during the 115th Congress:
|Prohibits the use of funds to prevent any of various states from implementing their own laws that authorize the use, distribution, possessions, or cultivation of marijuana on non-Federal lands within their respective jurisdictions.||Polis (CO), McClintock (CA)|
|Specifies that cannabis-related businesses may utilize federal financial institutions when they are compliant with the law or regulation of their state or political subdivision of their state.||Gaetz (FL), Rohrabacher (CA)|
|Permits the District of Columbia to spend its local funds to regulate and tax recreational marijuana.||Norton (DC), Rohrabacher (CA), Blumenauer (OR), Lee, Barbara (CA)|
|Prohibits funds from being used to limit or interfere with the ability of VA healthcare providers to make appropriate recommendations, fill out forms or take steps to comply with a medicinal marijuana program approved by a state.||Blumenauer (OR), Amash (MI), Curbelo (FL), Gaetz (FL), Garrett (VA), McClintock (CA), Reed (NY), Rohrabacher (CA),
Cohen (TN), Young, Don (AK), Lee, Barbara (CA), Perlmutter (CO), Polis (CO), Titus (NV), Hunter (CA), Pocan (WI), DeFazio (OR), Correa (CA)
|Prohibits funds from being used to limit or interfere with the ability of VA healthcare providers to make appropriate recommendations, fill out forms or take steps to comply with a medicinal marijuana program approved by a state.||Blumenauer (OR), Amash (MI), Curbelo (FL), Gaetz (FL), Garrett (VA), McClintock (CA), Reed (NY), Rohrabacher (CA),
Young, Don (AK), Cohen (TN), Correa (CA), Lee, Barbara (CA), Perlmutter (CO), Polis (CO), Titus (NV), Hunter (CA), Pocan (WI), DeFazio (OR)
|Prevents the denial of water rights to a legal owner of an absolute or conditional water right, or an entity that receives or distributes water contracted from the Federal government for the cultivation of industrial hemp.||Polis (CO), Comer (KY)|
|Prevents the denial of water rights to a legal owner of an absolute or conditional water right, or an entity that receives or distributes water contracted from the Federal government for the cultivation of industrial hemp.||Polis (CO)|
|Prevents denial of federal water rights to hemp and marijuana farmers and growers.||Polis (CO), Blumenauer (OR), Young, Don (AK), Bonamici (OR)|
|Prohibits the Department of Justice from prosecuting individuals who are in compliance with their state’s medical marijuana laws, or otherwise interfering with the implementation of such laws.||Rohrabacher (CA), Blumenauer (OR), Young, Don (AK), Polis (CO), McClintock (CA), Lee, Barbara (CA), Joyce (OH), Cohen
(TN), Gaetz (FL), Titus (NV), Coffman (CO), Lewis, Jason (MN), Rosen (NV), Correa (CA)
|Prevents funds to the Department of Justice from being used in preventing or delaying the applications of research of schedule I controlled substances for conducting medical research in states and jurisdictions that said substance is legal for medicinal use pursuant to State law||Gaetz (FL)|
|Prohibits funds from being used to pay the salaries or expenses of personnel to fail to act on a marijuana research application.||Polis (CO)|
|Prohibits any funds from being used to prevent a state from implementing any law that makes it lawful to possess, distribute, or use cannabidiol or cannabidiol oil.||Perry (PA)|
|Reduces funds in the DEA Salaries and Expenses used for the Domestic Cannabis Eradication/Marijuana Suppression Program. Increases the spending reduction account by the same amount.||Lieu (CA), Polis (CO), Young, Don (AK), Titus (NV)|
|Provides that none of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana on non-Federal lands within their respective jurisdictions.||McClintock (CA), Polis (CO), Blumenauer (OR), Amash (MI), Coffman (CO), Cohen (TN), Curbelo (FL), Heck, Denny (WA), Lee, Barbara (CA), Perlmutter (CO), Pocan (WI), Sanford (SC), Rohrabacher (CA), Young, Don (AK), Hunter (CA), Smith, Adam (WA|
|Prohibits any DOJ funds from being used to prevent a state from implementing its own state laws that authorize the use, distribution, possession, or cultivation of industrial hemp||Bonamici (OR), Polis (CO), Blumenauer (OR), Soto (FL), Comer (KY), Pocan (WI)|
|Prohibits the Department of Justice from prosecuting individuals from federally recognized Indian tribes who are in compliance with their tribal medical marijuana laws, or otherwise interfering with the implementation of such laws||Titus (NV), Polis (CO), Blumenauer (OR)|
|Permits the District of Columbia to spend its local funds to regulate and tax recreational marijuana.||Norton (DC), DeSaulnier (CA), Blumenauer (OR)|
|Blocks FinCEN from revoking guidance on how financial institutions should provide banking services to legitimate marijuana businesses.||Heck, Denny (WA), Young, Don (AK), Perlmutter (CO), Lee, Barbara (CA), Titus (NV)|
|Prohibits funds from being used to penalize a financial institution for serving a legitimate marijuana business.||Heck, Denny (WA), Young, Don (AK), Perlmutter (CO), Gaetz (FL), Lee, Barbara (CA), Titus (NV), Rosen (NV), McClintock (CA),
Blumenauer (OR), Correa (CA)
|Blocks FinCEN from altering guidance on how financial institutions should provide banking services to legitimate marijuana businesses.||Heck, Denny (WA), Young, Don (AK), Perlmutter (CO), Lee, Barbara (CA), Titus (NV), Collins, Chris (NY), King, Peter (NY)|
|Eliminates Section 159 of title 23, which reduces highway funding for states if they did not automatically suspend drivers licenses of anyone convicted of a drug offense.||O’Rourke (TX), Amash (MI), Jeffries (NY), Nadler (NY)|
|Exempts Cannabis businesses from 280e of the federal tax code||Polis (CO)|
|Applies a 15 percent excise tax on marijuana sales for the purposes of deficit reduction||Correa (CA)|
|Prevents the Drug Enforcement Administration (DEA) from prosecuting anyone for using, selling, or possessing marijuana in compliance with state laws, thus protecting the legal marijuana industry across the country from Federal interference.||Polis (CO)|
|Allows small businesses located in states that have legalized marijuana to utilize tax deductions||Polis (CO)|
|Creates a safe harbor for financial institutions that provide services to hemp legitimate businesses authorized under the pilot program in the 2014 Farm Bill and affiliated third parties.||Barr (KY)|
|Amends the Controlled Substances Act to exclude industrial hemp from the definition of “marijuana.”||Massie (KY), Polis (CO)|
|Removes industrial hemp from the definition of marihuana under the Controlled Substances Act and places it under the jurisdiction of the USDA as an agricultural commodity.||Comer (KY), Blumenauer (OR), Polis (CO), Barr (KY), Taylor (VA), Bonamici (OR)|
|Requires the VA to study medicinal marijuana as an alternative treatment option to prescription opioids.||Polis (CO), Correa (CA)|
|Forbids the VA from discriminating against veterans who use cannabis consistent with the laws of their state.||Crist (FL), Blumenauer (OR)|
|Prevents denial of federal water rights to hemp and marijuana farmers and growers.||Polis (CO), Blumenauer (OR), Bonamici (OR), Young, Don (AK)|
|Prohibits funds from being used by the Department of Veterans Affairs to deny VHA benefits to veterans, their dependents, and their survivors if they use marijuana in compliance with state law.||Blumenauer (OR), Correa (CA)|
|Prohibits funds from being used to limit or interfere with the ability of VA healthcare providers to make appropriate recommendations, fill out forms, or take steps to comply with a medicinal marijuana program approved by a state.||Blumenauer (OR), Amash (MI), Lee, Barbara (CA), Curbelo (FL), Crowley (NY), Gaetz (FL), Titus (NV), Jones (NC), Cohen (TN), McClintock (CA), Correa (CA), Reed (NY), Perlmutter (CO), Rohrabacher (CA), Pocan (WI), Young, Don (AK), DeFazio (OR), Sanford (SC)|
|Provides congressional apology for its role regarding the War on Drugs.||Watson Coleman (NJ)|
Indiana GOP Lawmaker Plans Medical Marijuana Bill As Democrats Push Full Recreational Legalization
“It polls higher than any other issue. We’ve seen 38 other states step up and do the right thing for their citizens. We know it saves lives. We know it offers a better quality of life.”
By Margaret Menge, The Center Square
Democrats in Indiana have launched a campaign to legalize marijuana in the state and appealed to business-friendly Republicans to join to help the state’s economy.
There is some support from Republicans.
“I have a medical cannabis bill ready to go,” Rep. Jim Lucas, R-Seymour, said.
He said the bill will be similar to the one he introduced in the last session of the Indiana General Assembly, which would permit the use of medical marijuana by people with “serious medical conditions” as determined by a doctor, and would permit the “cultivation, testing, processing, transportation and dispensing” of medical marijuana by people who hold a valid permit issued by the state.
It also would put the Indiana Department of Health in charge of implementing and enforcing the medical marijuana program.
Indiana is one of just a handful of states that has not legalized medical marijuana.
“It polls higher than any other issue,” Lucas said. “We’ve seen 38 other states step up and do the right thing for their citizens. We know it saves lives. We know it offers a better quality of life.”
In 2016, the national American Legion, which is based in Indianapolis, called on Congress to remove marijuana from Schedule I of the federal Controlled Substances Act and reclassify it to “recognize cannabis as a drug with potential medical value.”
The Legion has also pushed for more research to be done on marijuana related to its potential in treating post-traumatic stress disorder and traumatic brain injury among veterans of the wars in Iraq and Afghanistan, in particular.
The Indiana American Legion, however, has not taken a position on the issue, and did not discuss the bill Lucas introduced in the last session, spokesperson Josh Marshall said.
He said the issue would have to be reviewed by the organization’s executive committee before any action were taken on the issue in the upcoming session of the legislature, which begins January 3.
Meanwhile, Indiana Democrats are pushing to get the issue on the table.
Rep. Sue Errington, D-Muncie, is set to lead a “community talking circle” at a pizza place in Muncie today to hear from the public about legalizing medical marijuana.
“The reality is that medical cannabis is becoming an accepted and preferred method of treatment throughout the country,” Errington said in a statement from the Indiana House Democratic Caucus on November 29. “Medical cannabis is a safe, non-addictive alternative to opioids that could benefit Hoosiers who live with chronic pain and anxiety disorders, including our brave veterans who struggle with post-traumatic stress disorder. Those who have sacrificed so much for our state deserve an effective treatment for their pain, rather than a potential criminal record.”
Republicans hold a supermajority in both houses of the legislature and hold every statewide office. But legislative leaders—some of them—have appeared more open on the issue in recent years.
In 2018, the Republican floor leader in the Indiana House of Representatives, Rep. Matt Lehman, R-Berne, authored a resolution calling for an interim study committee to research medical marijuana.
“Hoosiers rightfully want to know what direction Indiana will take,” he said at the time. “I believe it is wise of policymakers to carefully gather public and professional input.”
Lehman told Fox59 last month that he thinks there’s “always room for discussion” about medical marijuana, but that he thought the federal government would have to act first, before Indiana takes action.
DEA Backs White House Plan To Streamline Research On Marijuana, Psychedelics And Other Schedule I Drugs
The Drug Enforcement Administration (DEA) and National Institute On Drug Abuse (NIDA) say they are in favor of a White House proposal to streamline the process of researching Schedule I drugs like marijuana and certain psychedelics.
The agencies testified at a House Energy and Commerce subcommittee hearing on Thursday, expressing support for the Office of National Drug Control Policy (ONDCP) research plan. While the focus of the meeting was mostly on a controversial move to strictly classify fentanyl-related substances, the Biden administration proposal’s research components would also help address concerns within the scientific community about the difficulty of studying other Schedule I drugs.
DEA said in written testimony that “expanding access to Schedule I research is a critical part of DEA’s mission to protect public safety and health.”
“It is critical that the scientific and medical community study Schedule I substances, as some may turn out to have therapeutic value,” DEA Principal Deputy Administrator Louis Milione said. “DEA supports the administration’s legislative proposal’s expansion of access to Schedule I research. DEA looks forward to continuing to work with the research community and our interagency partners to facilitate Schedule I research.”
In general, what the administration is proposing is to align the research requirements for Schedule I drugs with those of less-restricted Schedule II drugs. Scientists and lawmakers have consistently pointed out that the existing rules for studying Schedule I controlled substances are excessively burdensome, limiting vital research.
Rather than having each scientist involved in a Schedule I drug study obtain DEA registration, ONDCP wants to make it so multiple researchers at a given institution would be allowed to participate under a single registration. The administration also proposed a policy change where a research institute with studies taking place over multiple locations would only require one overall registration instead of needing to have a specific one for each site.
Another change would allow certain researchers to move ahead with conducting their studies after submitting a notification to the Department of Justice instead of waiting for officials to affirmatively sign off on their proposals. ONDCP’s plan would also waive the requirement for additional inspections at research sites in some circumstances and allow researchers to manufacture small amounts of drugs without obtaining separate registrations. The latter component would not allow cultivation of marijuana, however.
“Even experienced researchers have reported that obtaining a new Schedule I registration, adding new substances to an existing registration, or getting approval for research protocol changes is time consuming,” NIDA Director Nora Volkow said in her testimony. “Unlike for Schedule II through V substances, new and amended Schedule I applications are referred by the DEA to the HHS for a review of the protocol and a determination of the qualifications and competency of the investigator.”
“Researchers have reported that sometimes these challenges impact Schedule I research and deter or prevent scientists from pursuing this critical work,” she said.
In an interview last week, Vokow said that even she—the top federal official overseeing drug research—is personally reluctant to conduct studies on Schedule I substances like marijuana because of the “cumbersome” rules that scientists face when investigating them.
When ONDCP first announced its proposed Schedule I policy changes in September, some experts tempered expectations about the practical effects of aligning Schedule I and Schedule II applications. The difference is largely a matter of extra paperwork for the more restrictive category, they contend.
Regardless, several lawmakers who attended Thursday’s subcommittee hearing expressed enthusiasm about the prospects of these policy changes.
“I’m particularly interested in eroding existing barriers of federal law that limit researchers at academic medical centers from studying Schedule I substances,” Rep. Doris Matsui (D-CA) said. “So I’m grateful that our research agencies are working to find effective solutions.”
Rep. Tony Cárdenas (D-CA) also weighed in, saying that “we all agree that the current scheduling classification system has made it very difficult for scientists to research the effects of scheduled compounds, which may have medicinal properties.”
“For example, we know that compounds in marijuana have legitimate and beneficial medical uses, despite it being Schedule I,” he said. “So I’m encouraged to see that efforts are being made to allow researchers to study the effects of various compounds. In this proposal.”
ONDCP’s intent to streamline research into Schedule I drugs has been notable and seems to be part of a theme that developed within the administration.
For example, DEA has repeatedly proposed significant increases in the production of marijuana, psilocybin and other psychedelics for research purposes, with the intent of aiding in the development of new federally approved therapeutic medications.
NIDA’s Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s prior proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
But while the production developments are promising, advocates are still frustrated that these plants and fungi remain in the strictest drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
There has been at least one recent development in the fight to modernize marijuana research. President Joe Biden signed a massive infrastructure bill last month that includes provisions aimed at allowing researchers to study the actual cannabis that consumers are purchasing from state-legal dispensaries instead of having to use only government-grown cannabis.
But that’s just one of numerous research barriers that scientists have identified. A report that NIDA recently submitted to Congress stressed that the Schedule I status of controlled substances like marijuana is preventing or discouraging research into their potential risks and benefits.
A federal appeals court recently dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Meanwhile, DEA has given hemp businesses that sell delta-8 THC products a boost, with representatives making comments recently signaling that, at the federal level at least, it’s not a controlled substance at this time.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Photo courtesy of Brian Shamblen.
Ohio GOP Lawmakers File New Marijuana Legalization Bill
A pair of Ohio Republican lawmakers on Thursday filed a bill to legalize marijuana in the state. The move comes as activists are nearing completion of the first phase of their signature drive for a cannabis legalization initiative.
Reps. Jamie Callender (R) and Ron Ferguson (R) first announced their plan to push the legislative reform proposal in October and circulated a co-sponsorship memo to build support for the measure. Now they’re moving ahead with formal introduction of the “Ohio Adult Use Act.”
The bill would allow adults 21 and older to purchase and possess up to 50 grams of cannabis. They could also grow up to six plants, only three of which could be mature, for personal use.
Gifting up to 25 grams of marijuana between adult consumers without remuneration would also be permitted.
Adult-use cannabis products would be taxed at 10 percent. After covering administrative costs, tax revenue would be distributed as follows: 50 percent to the state general fund, 25 percent to combat illicit drug trafficking and 25 percent for substance misuse treatment programs.
The state Department of Commerce would be responsible for regulating the new adult-use marijuana and existing medical cannabis program and issuing business licenses through a new Division of Marijuana Control.
Regulators would be limited to approving one retail cannabis dispensary license per 60,000 residents in the state up until January 1, 2027. After that point, the department would would be required to review the program on “at least a biennial basis” to see if more licensees are needed.
The legislation does not contain specific provisions to promote social equity by expunging prior cannabis convictions or prioritizing licensing for communities most impacted under prohibition. That’s despite Callender saying in October that there would be a pathway for expungements “for folks that have prior convictions that would be not illegal after the passage of this bill.”
A spokesperson in the lawmaker’s office told Marijuana Moment that while those components weren’t included in this introduced version, “it is still the plan to add any needed language on the subject once we get it to committee.”
“Conversations on modifications are continuing but with Thanksgiving here and the end of the year approaching, we wanted to get the ball rolling with introduction,” he said.
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
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There is at least one equity-related provision to require regulators to conduct a study prior to issuing adult-use licenses “to determine whether there has been prior discrimination in the issuance of marijuana-related licenses in this state, including whether the effects of marijuana prohibition have contributed to a lack of participation by racial or ethnic minorities in the medical marijuana industry in this state.”
If the study does find evidence of discrimination, the department “shall take necessary and appropriate actions to address and remedy any identified discrimination when issuing licenses.”
Under the bill, employers would still be able to enforce anti-drug policies without accommodating workers who use cannabis in compliance with the state law.
The measure would also expand the amount of acreage that licensed cultivators could use to grow cannabis from what is allowed now under the medical marijuana program.
Further, the legislation includes a section that would have the state formally endorse a congressional bill to deschedule marijuana that’s sponsored by Rep. Dave Joyce (R-OH).
A separate state legalization bill that was the first of its kind to be introduced in the Ohio legislature earlier this year would similarly legalize the possession, sale and cultivation of cannabis by adults. It’s being championed by Reps. Casey Weinstein (D) and Terrence Upchurch (D), and it does include expungement provisions.
A recent legislative survey found that Republican lawmakers in the state are more supportive of legalizing marijuana than their Democratic colleagues are.
But leadership in the legislature, as well as Gov. Mike DeWine (R), will likely present obstacles for any recreational legalization bill that advances.
House Speaker Robert Cupp (R) laughed when he was asked about Callender’s legislation after its initial announcement, though he added, “Let’s just see where it goes. I haven’t read it yet.”
Callender said that although Republican legislative leaders and the governor are not yet on board, “there is more bipartisan support than most people would think.”
Meanwhile, Ohio activists recently said that they would have enough signatures to force the legislature to consider legalizing marijuana by the end of November. And Weinstein said he feels the citizen-led effort could help build momentum for a legislative approach to ending prohibition.
While it’s only been a few months since Ohio officials cleared the campaign to collect signatures for its measure, Coalition to Regulate Marijuana Like Alcohol spokesperson Tom Haren said that the initial wave of signature gathering “will be completed probably about the end of November.” There’s yet to be an announcement as to whether they succeeded in that timeline.
The measure that legislators would then be required to consider would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
Activists must collect 132,887 valid signatures from registered voters for the statutory initiative during this first phase of the effort. If they succeed, the legislature will then have four months to adopt the measure, reject it or adopt an amended version. If lawmakers do not pass the proposal, organizers will then need to collect an additional 132,887 signatures to place the proposal before voters on the ballot in November 2022.
Further demonstrating the appetite for reform in Ohio, voters in seven cities approved ballot measures to decriminalize marijuana possession during last month’s election.
Ohio marijuana activists have also successfully proved that they turned in enough valid signatures to put a local decriminalization initiative before Kent voters after having missed the 2021 ballot due to a verification error on the part of county officials.
Separately, Ohio senators recently filed a bill to expand the state’s medical cannabis program, in party by allowing physicians to recommend marijuana if they “reasonably” believe it could benefit the patient.
Photo courtesy of WeedPornDaily.