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Analysis: GOP Congress Has Blocked Dozens Of Marijuana Amendments

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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 Man Is The Reason Congress Can’t Vote On Marijuana Anymore

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.”

Pro-Legalization Congressman To Target Anti-Cannabis Lawmakers

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.”

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:

Amendment Summary Sponsor(s)
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)

 

Congressional GOP Blocks Marijuana Votes (Again)

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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House Rejects AOC Amendment To Promote Research Into Psychedelics’ Medical Benefits

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The U.S. House of Representatives rejected an amendment on Tuesday that was designed to free up research into the therapeutic potential of psychedelics. The body also addressed several other amendments related to cannabis.

Rep. Alexandria Ocasio-Cortez (D-NY) filed the psychedelics measure, which would remove a 1990s-era provision that’s long been part of spending legislation for the Department of Health and Human Services (HHS). The congresswoman attempted to eliminate the language via an amendment in 2019 only to have it defeated by Republicans as well as a majority of her own party members in a resounding vote of 91-331.

This time around—amid a growing national movement to reform laws around psychedelics—the chamber rejected it with a narrower 140-285 tally for inclusion as part of a large-scale funding package covering multiple federal agencies.

Most Democrats supported the reform in the most recent vote, but enough still sided with the vast majority of Republicans to defeat it.

“The United States has and continues to uphold an obsolete provision from the war on drugs,” Ocasio-Cortez said on the floor before the vote. “This provision specifically has for a very long period of time presented and acted as a barricade to federal research on certain substances— psilocybin, MDMA and marijuana—and allowing us to research the potential therapeutic applications of these drugs in the treatment of diseases such as PTSD, addiction and depression. We are long overdue.”

Rep. Lou Correa (D-CA) also spoke in support of expanding psychedelic research, saying the substances can “help veterans deal with those invisible wounds that they bring back from the battlefield—PTSD and other mental issues that they bring back with them and carry with them on a day to day basis.”

The House also acted on a series of other amendments concerning cannabis on Tuesday that the House Rules Committee had made in order for floor consideration earlier this week.

For example, a pro-reform proposal that advanced encourages the Food and Drug Administration (FDA) to enact rules allowing CBD as a dietary supplement and food ingredient. Filed by Rep. Kurt Schrader (D-OR), and approved in a voice vote as part of an en bloc package with other amendments, it encourages FDA to create a regulatory pathway for CBD “no later than 180 days after enactment.”

In a House floor speech, Schrader said hemp businesses face “economic burdens from the regulatory uncertainty caused by lack of action” from FDA.

“The livelihoods of hemp farmers and safety of consumers across the country reside in the hands of the agency,” he said.


Marijuana Moment is already tracking more than 1,100 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.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Lawmakers defeated a proposal from Rep. Debbie Lesko (R-AZ) to the U.S. Department of Health and Human Services (HSS) appropriations bill to eliminate a rider that’s currently in the legislation that “allows federal funding to go to institutions of higher education that are conducting research on marijuana.”

That measure generated significant pushback given that research into cannabis is an overwhelmingly bipartisan issue, and top federal drug officials have repeatedly urged Congress to support policies that make it easier to study the risks and benefits of the plant. What’s more, Lesko represents a state with adult-use legalization on the books.

The congresswoman argued in a House floor speech before the vote that not passing her amendment would “permit universities to offer a class called ‘Pot Smoking 101’ [that’s] dedicated to smoking pot under the false pretense of research.”

But House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) said removing the current marijuana protections for universities in the bill could hamper studies.

“Without such research, there would be limited scientific discovery and breakthroughs helping to shape our daily lives,” she said. “Evidence-based research regarding cannabis ought to be encouraged in academic settings, not discouraged, and we should ensure that we broaden our understanding of marijuana, not limit it.”

Lesko’s amendment was rejected, with 147 votes in favor and 276 against.

Another amendment, which was rejected in a different en bloc package with other proposals, would have transferred “$25 million from the Environmental Programs and Management enforcement activities account to the National Forest System account for enforcement and remediation of illegal marijuana trespass grow sites on federal lands and for the clean-up of toxic waste and chemicals at these sites,” according to a description.

That measure was filed by Rep. Doug LaMalfa (R-CA), who recently released video of himself driving a bulldozer of cannabis plants.

Two marijuana reform amendments from Rep. Eleanor Holmes Norton (D-DC) that legalization advocates hoped to see advance were blocked from floor consideration by the Rules Committee on Monday.

Her proposals—which were aimed at appropriations legislation for the Department of Housing and Urban Development (HUD)—would have made it so marijuana possession or consumption could not be used as the sole basis for denying people access to public housing. One Norton amendment was narrowly focused on medical cannabis while a second measure would have covered all marijuana use that’s legal under state laws.

Members filed these proposed revisions as part of the appropriations minibus bill for fiscal year 2022 to fund the Departments of Labor, Health and Human Services, Education, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development.

The spending package as introduced would also allow Washington, D.C. to use its local tax dollars to implement a system of lawful marijuana sales for adults.

That stands in contrast to a budget proposal from President Joe Biden, whose administration is seeking to keep language protecting medical cannabis states from federal intervention but has excluded the provision on giving D.C. autonomy to legalize marijuana commerce.

Another provision that was included as part of the Financial Services and General Government (FSGG) spending bill would protect banks that work with marijuana businesses. Further, the committee report attached to that legislation encourages federal government agencies to reconsider policies that fire employees for using marijuana in compliance with state law.

Federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions, a report attached to separate spending legislation that’s part of the minibus package says.

Report language also directs the U.S. Department of Veterans Affairs (VA) to improve communication on veteran eligibility for home loans and report back to Congress on its progress within 180 days of the enactment of the legislation. A separate provision urges VA to expand research on the medical benefits of cannabis for veterans.

In the report for Agriculture Department funding, lawmakers took issue with the 2018 Farm Bill’s 0.3 percent THC cap for lawful hemp products and directed USDA to work with HHS and DEA on a study of whether that threshold is scientifically backed. That report also addressed numerous other issues related to the crop.

Other report language attached to this spending package highlights the difficulty of studying Schedule I drugs like marijuana, recognizes the medical potential of cannabinoids like CBD, encourages federal agencies not to restrict the plant kratom and acknowledges the lifesaving value of syringe access programs and safe consumption sites for illegal drugs.

The appropriations process this session has seen numerous drug policy reform provisions included in bill text and attached reports—also stopping immigrants from being deported for cannabis, for example, among other issues.

A bipartisan group of congressional lawmakers recently circulated a letter to build support for an amendment to a separate Department of Justice spending bill that would protect all state and tribal marijuana programs from federal interference—going beyond the existing measure that shields only medical cannabis states that’s currently enacted into law. There are now 15 cosponsors signed on to the broader proposal, which is being considered by the Rules Committee and may see floor action this week.

The Commerce, Justice, Science, and Related Agencies (CJS) spending report also notes that the Drug Enforcement Administration (DEA) has moved to approve additional marijuana manufacturers for research purposes and says the committee supports ongoing research efforts on cannabis, particularly in the wake of an outbreak of lung injuries associated with unregulated vaping products.

The bill was up for Rules Committee consideration on Tuesday, but the panel delayed decisions on amendments until Wednesday morning.

A provision was also attached to the bill that would make states and localities ineligible for certain federal law enforcement grants if they maintain a policy allowing for no-knock warrants for drug-related cases. That policy garnered national attention following the police killing of Breonna Taylor, who was fatally shot by law enforcement during a botched drug raid.

Ohio Marijuana Activists Launch Ballot Campaign To Push Lawmakers To Enact Legalization

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Ohio Marijuana Activists Launch Ballot Campaign To Push Lawmakers To Enact Legalization

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Ohio marijuana activists have a new plan to legalize cannabis in the state as lawmakers pursue separate reform legislation.

Voters rejected a 2015 legalization initiative, and advocates suspended a campaign to place another measure on the 2020 ballot due to the coronavirus pandemic. But on Tuesday, the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) launched a new effort to implore legislators to enact the policy change.

The group submitted the requisite 1,000 signatures to the Ohio attorney general’s office on Tuesday. Officials now have 10 days to review the summary and text to ensure that it is “fair and truthful” and approve it for circulation. Several existing medical cannabis businesses are backing the measure.

“I think people are tired of prohibition with respect to marijuana,” spokesperson Tom Haren told Marijuana Moment in a phone interview on Tuesday, adding that he thinks Ohioans are ready to join the growing list of states that are enacting legalization.

Unlike past efforts, the new measure is a statutory, rather that a constitutional, proposal. If supporters collect 132,887 valid signatures from registered voters, the legislature will then have four months to adopt the measure, reject it or adopt and amended version. If lawmakers to not pass the proposal, organizers will then need to collect an additional 132,887 signatures to place the measure before voters on the ballot in 2022.

“We are proposing to regulate marijuana for adult use, just like we do for alcohol,” Haren said in a press release. “Our proposal fixes a broken system while ensuring local control, keeping marijuana out of the hands of children and benefiting everyone.”

The proposed law that CTRMLA is pushing 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.

It’s a notable departure from the failed 2015 reform initiative, which faced criticism from advocates because of an oligopolistic model that would’ve granted exclusive control over cannabis production to the very funders who paid to put the measure on the ballot.


Marijuana Moment is already tracking more than 1,100 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.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).

Under the proposal, a Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”

The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of the enactment of the legislation.

The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.

Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.

Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”

“Marijuana legalization is an issue whose time has come in Ohio,” Haren said in the press release, adding that “we crafted legislation based on the best practices learned by those that went before us.”

“Ohioans want this,” he said. “They see marijuana legalization as inevitable. They want our leaders to seize the opportunity and take control of our future.”

With respect to social equity, some advocate are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, it does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.

Haren said the reason they weren’t able to prescribe specific expungement provisions is due to the state’s single subject ballot rule for initiated statutes.

If the measure does make the ballot, the results of local reform initiatives across the state signal that it would be successful.

As it stands, 22 jurisdictions have adopted local statues so far that reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the “lowest penalty allowed by state law.” And activists are pursuing similar policy changes in dozens of cities this year, with several having already collected enough signatures to qualify for local ballots.

“Legalization is popular in Ohio,” Haren told Marijuana Moment. “That’s why these types of local decrim measures are passing—because people recognize that marijuana prohibition has failed, and it’s not good policy. And it’s much better policy to have a regulated market that provides consumers with an ability to purchase from a legal, regulated source.”

Meanwhile, state Rep. Casey Weinstein (D) recently announced he will be sponsoring legislation alongside Rep. Terrence Upchurch (D) this session that would legalize and regulate marijuana in the state. It would mark the first time such a proposal to allow recreational cannabis commerce has been introduced in the legislature

“Ohioans and Americans are way out ahead on this issue, and the comfort level with first decriminalization and medical marijuana and then full legalization is just so far beyond where legislators are,” Weinstein told Marijuana Moment in a phone interview about his bill. “This is an effort to close that gap and catch up.”

Haren said that while he hasn’t reviewed Weinstein’s legislation at this point, his organization would welcome working with any lawmaker to get reform enacted one way or the other.

Weinstein’s bill would would legalize possession of up to five ounces of cannabis for adults 21 and older and allow them to cultivate up to 12 plants for personal use. It will also include provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.

Like the CTRMLA proposal, a 10 percent excise tax would be imposed on marijuana sales. But after covering administrative costs, revenue would be divided among municipalities with at least one cannabis shop (15 percent), counties with at least one shop (15 percent), K-12 education (35 percent) and infrastructure (35 percent).

Gov. Mike DeWine (R) is likely to oppose the legislative effort given his record. But a voter-led initiative could create a different opportunity for advocates.

“We are laser focused at this point on getting the required number of signatures, sending it to the legislature and then working with them—hand in glove, in lockstep, whatever phrase you want to use—to get get this proposal ultimately signed into law by the governor,” Haren said.

According to cleveland.com, the CTRMLA campaign has already hired several prominent consulting firms to work on the effort, suggesting it has robust funding.

Massachusetts Lawmakers Discuss Bill To Create Psychedelics Legalization Task Force At Hearing

Photo courtesy of Philip Steffan.

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Massachusetts Lawmakers Discuss Bill To Create Psychedelics Legalization Task Force At Hearing

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Massachusetts lawmakers on Tuesday heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

The legislature’s Joint Judiciary Committee met to discuss legislation from Rep. Mike Connolly (D). While members didn’t vote on the proposal, the sponsor was able to make the case for the reform, noting the emerging research that suggests entheogenic substances hold significant therapeutic potential for certain mental health conditions.

He also pointed to the local reform movement that’s led three Massachusetts cities to decriminalize psychedelics so far, saying it represents “another reason why it should be a priority for all of us to bring stakeholders together and have that conversation about what policies should look like.”

“We’re hearing from the medical community, we’re hearing from clinicians and researchers that the potential benefits here simply can’t be ignored,” Connolly said. “There are these issues like PTSD and depression, anxiety and addiction that…we are struggling to address, and what the research is telling us is that these substances offer a tremendous benefit.”

The 21-member task force that the lawmaker is proposing would be responsible for analyzing the pros and cons of “legalizing the possession, consumption, transportation and distribution of naturally cultivated entheogenic plants and fungi.”

The sponsor said on Tuesday that the group “could really allow Massachusetts to play a leadership role in crafting policies around these substances.”

In an email to Marijuana Moment, Connolly said that momentum for broader psychedelics and drug policy reform in states across the country shows that “our proposal to create a task force to craft policies around legalization is rational and warranted.”

“Given our status as a longtime leader in civil rights, freedom, academic research and advances in medicine,” he said, “it is important for the Commonwealth of Massachusetts to be proactive about crafting policies to ensure that as the movement for legalization of psychedelics continues to advance—and as the clinical trials showing the therapeutic value of these medicines continue to pile up—that we are moving forward in an equitable, just and inclusive fashion.”


Marijuana Moment is already tracking more than 1,100 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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Middlesex District Attorney Marian Ryan also testified in favor of the reform proposal before the committee on Tuesday.

For the most part, the burgeoning psychedelics reform movement has been limited to decriminalization—with the exception or Oregon, where voters elected to legalize psilocybin for therapeutic purposes during last year’s election. California activists are also pushing to place psilocybin legalization on the state’s 2022 ballot as a lawmaker works to pass a separate bill to legalize possession of a wide range of psychedelics that has already passed the state Senate and two Assembly committees.

While the Massachusetts legislation would only establish a task force to investigate the potential legalization of these substances, it marks another significant development demonstrating how local reforms have caught the attention of state legislators.

Connolly said at Tuesday’s hearing that it’s important to remember “that it was the Nixon administration in the 1970s that classified entheogens as Schedule I substances, without any real scientific basis. It was more to do with politics—it was more to do with systemic racism—that led to this classification and this criminalization.”

“Today, when you hear some of the professionals, some of the researchers talk about this, they really feel like we lost several decades of potential therapeutic benefit because of these arbitrary political decisions,” he said. “With this task force, there really is an opportunity for us in Massachusetts to bring policymakers and stakeholders together to make sure that as this research advances we can be ready with applicable policies, so don’t don’t repeat the mistakes of the past.”

The lawmaker said “the war on drugs, racial injustice and years of oppression here in our country” partly motivated the introduction of his legislation.

The task force would “bring together stakeholders from the scientific, public safety, racial justice, harm reduction, indigenous, social work, the relevant regulatory bodies and medical communities to make recommendations for the legalization and possession, consumption and distribution of entheogenic substances,” he said.

Three Massachusetts cities—NorthamptonSomerville and Cambridge—have each passed resolutions to deprioritize enforcement of laws against the possession, use and distribution of a wide range of psychedelics and other drugs.

“I’m proud to represent Somerville and Cambridge, two communities that have acted in recent months to decriminalize the possession of psychedelics and entheogenic plans, primarily as part of the larger movement to continue working to undo the racist impact of the War On Drugs,” Connolly told Marijuana Moment.

If his bill is enacted, the 21-person task force would have until June 2022 to study the effects of plant- and fungi-based psychedelics and develop recommendations for how to legalize the substances “in a manner that maximizes equitable access and sustainable manufacture of these plants.”

Particular focus would be paid under the bill to the impact of drug prohibition on on marginalized groups, “including indigenous people, veterans, people with physical and mental health disabilities, Black people, people of Latino and Hispanic heritage, people of Asian descent, people of color, people in poverty, and people identifying with the LGBTQ community.”

The measure also calls for the task force to develop recommendations around “pardons, parole, diversion, expungement, and equity measures” for people with criminal records due to possession, or distribution of controlled substances.

The Massachusetts developments are some of the latest iterations of a national psychedelics reform movement that’s spread since Denver became the first city to decriminalize psilocybin mushrooms in 2019.

Besides the cities in Massachusetts, four others—OaklandSanta CruzAnn Arbor and Washington, D.C.—have also decriminalized possession of plant-and fungi-based psychedelics.

An Arcata, California councilmember announced this month that she would sponsor a measure to decriminalize psychedelics. That measure has since been referred to a committee.

The governor of Connecticut signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill last month that would require the state to establish an institute to similarly research the medical value of psychedelics.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

After Ann Arbor legislators passed a decriminalization resolution last year, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting in May. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction.

The psychedelics conversation is also catching on at the federal level.

The U.S. House of Representatives will vote this week on a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that remove a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine.

In 2019, a large majority of Democratic House members joined all but seven Republicans in a vote against an earlier version of the congresswoman’s amendment. But given the surge in state and local psychedelics reform efforts in the years since, it stands to reason that this Congress may take the issue more seriously this time.

Federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions, a report attached to separate spending legislation that’s part of an advancing minibus package says.

When it comes to broader drug policy reform, Oregon voters also approved an initiative in November to decriminalize possession of all drugs. This year, the Maine House of Representatives passed a drug decriminalization bill, but it later died in the Senate.

Last month, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

White House Declines To Blame Marijuana Sales For Violent Crime Spike Despite D.C. Police Chief’s Comments

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