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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 15-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.)

Politics

Where Presidential Candidate Bernie Sanders Stands On Marijuana

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Sen. Bernie Sanders (I-VT) is making another run for the Democratic presidential nomination, he announced on Tuesday.

From his time as the mayor of Burlington, Vermont, to his years in the U.S. Senate, Sanders has established himself as a champion of drug policy reform, particularly when it comes to marijuana. NORML gave the senator an “A+” grade based on his legislative track record.

And it didn’t take long for Sanders to incorporate drug reform into his latest presidential bid. In his announcement video, he reiterated that the government “needs to end the destructive war on drugs.”

Legislation And Policy Actions

Sanders has been behind some of the first and most wide-ranging legislative efforts to fundamentally change federal cannabis laws. He was the first major presidential candidate to endorse marijuana legalization during his last bid and, in 2015, filed the first-ever Senate bill to end federal cannabis prohibition.

He’s also attached his name to a number of reform bills in Congress, going back to his time in the House, as well as during his Senate tenure. That includes recent pieces of legislation such as the Marijuana Justice Act, which would remove marijuana from the Controlled Substances Act (CSA) and punish states with discriminatory enforcement, as well as the the Marijuana Freedom and Opportunity Act, which would federally deschedule cannabis.

More than 20 years ago, Sanders cosponsored a House bill to legalize and regulate medical marijuana. He also signed onto legislation that would reschedule cannabis and protect states with legal medical cannabis. He cosponsored versions of that bill in the 107th, 108th and 109th Congresses.

When Sanders arrived in the Senate, he began supporting efforts to reform federal hemp laws. He cosponsored three versions of a bill introduced by Sen. Ron Wyden (D-OR) to remove hemp from the definition of marijuana under the CSA, for example. And last Congress, he put his name on legislation to legalize industrial hemp.

The senator also backed bills to shield banks from federal prosecution if they choose to accept marijuana business accounts in legal states.

On four occasions in the House, Sanders voted in favor of amendments to protect legal medical marijuana states from federal intervention. He voted against a resolution in 1998 that was meant to express “the sense of Congress that marijuana is a dangerous and addictive drug and should not be legalized for medicinal use.”

Quotes And Social Media Posts

Sanders has been outspoken about his support for marijuana reform in speeches, during debates and on social media. His messaging around the issue typically falls into one of three categories:

1. Marijuana is not comparable to other drugs listed in Schedule I of the CSA, and it should be removed from that list, accordingly. 

“Right now, marijuana is listed by the federal government as a Schedule I drug—meaning that it is considered to be as dangerous as heroin. That is absurd,” he said during a rally at George Mason University in 2015. “In my view, the time is long overdue for us to remove the federal prohibition on marijuana.”

He lamented that “marijuana is listed side-by-side with heroin” during a campaign event at the University of Iowa.

“I know that you are an intelligent group of people and, very seriously, I know and I hope very much that you all understand what a killer drug heroin is,” he said. “There are two ways out when you do heroin: Number one, you’re gonna get arrested and go to jail. Number two, you’re gonna die. Stay away from heroin.”

“But in terms of marijuana what we are seeing is a lot of lives have been really hurt, because if you get a criminal record for possession of marijuana it could impact your ability to get a job,” he said. “And that is why I have introduced legislation and will move forward as president to take marijuana out of the Controlled Substances Act.”

And when then-Democratic presidential candidate Hillary Clinton proposed rescheduling cannabis and placing it in Schedule II, Sanders said he appreciated that she was addressing the issue but that her proposal “ignored the major issue,” which is that it would place “marijuana in the same category as cocaine and continue to make marijuana a federally regulated substance.”

2. Black Americans have been disproportionately impacted by the drug war and are more likely to be arrested for marijuana despite the fact that usage rates are roughly the same among different racial groups. 

“We must recognize that blacks are four times more likely than whites to get arrested for marijuana possession, even though the same proportion of blacks and whites use marijuana,” Sanders said in a press release. “Any serious criminal justice reform must include removing marijuana from the Controlled Substances Act.”

“I am glad to see Baltimore will no longer prosecute marijuana possession and will move to vacate some convictions,” Sanders said after the city’s top prosecutor made that announcement in early 2019. “Thousands and thousands of people across the country have had their lives destroyed because they have criminal records as a result of marijuana use—and it’s disproportionately affecting people of color. It is time to decriminalize marijuana and end the failed war on drugs.”

“Where it becomes a racial issue, it turns out that whites and blacks utilized marijuana roughly equal,” Sanders said during an interview with rapper Killer Mike in 2015. “Four times as many blacks are arrested for possession as whites. It becomes a racial issue.”

“The reality is that both the African-American community and the white community do marijuana at about equal rates,” he emphasized at a debate in Wisconsin. “The reality is four times as many blacks get arrested for marijuana.”

3. It is an injustice that young people can have their lives upended by a non-violent cannabis conviction while Wall Street bankers avoid prosecution for financial crimes. 

“If some kid in Iowa or Vermont today is picked up possessing marijuana, that kid will get a police record that will stay with him for the rest of his life,” Sanders said at a rally in Iowa in 2016. “But the executives on Wall Street who drove this country into the worst economic recession since the Great Depression, whose greed and illegal behavior resulted in millions of Americans losing their jobs, their homes, their life savings, these executives who pay billions of dollars in settlement agreements with the government, not one of them has been prosecuted. Not one of them has a criminal record.”

“It is an obscenity that we stigmatize so many young Americans with a criminal record for smoking marijuana, but oddly enough not one major Wall Street executive has been prosecuted for causing the near collapse of our entire economy,” he said during a speech before the National Urban League. “Doesn’t make a whole lot of sense to me.”

Before he got behind full marijuana legalization, Sanders’s position on drug policy has varied somewhat.

When he was campaigning to be governor of Vermont in 1972, he seemed to embrace legalizing all drugs in an attempt to pushback against what he described as the “gradual erosion of freedoms and the sense of what freedom really means” under the administration of President Richard Nixon, writing that the government should “abolish all laws dealing with abortion, drugs, sexual behavior.”

As states like Colorado began legalizing cannabis for adult use, Sanders said in interviews that he recognized that the issue was gaining popularity and pledged to study it closely. He voiced support for Vermont’s decriminalization policy and medical marijuana legalization generally.

Sanders also complained about how federal laws impede the effective implementation of state-level marijuana programs, stressing that cannabis businesses struggle to access banking services, for example.

“I think there are things that the federal government can do that would make it easier for states that want to go in that direction to be able to do so,” he said in 2015. “What the federal government can do is say to the state of Colorado that if you choose to vote to legalize marijuana, we will allow you to do that without restrictions.”

He also called for federal decriminalization as a response to the “continuation of millions of people over the decades getting police records because they were caught possessing marijuana.”

Sanders has criticized moves from the Justice Department under President Donald Trump to dismantle guidelines on federal marijuana enforcement priorities.

“No, Attorney General [Jeff] Sessions. Marijuana is not the same as heroin,” he said in a statement last year before Sessions rescinded the Cole memo. “No one who has seriously studied the issue believes that marijuana should be classified as a Schedule I drug beside killer drugs like heroin.”

“Quite the contrary. We should allow states the right to move toward the decriminalization of marijuana, not reverse the progress that has been made in recent years,” he said.

He also congratulated Canada when the country passed a law legalizing cannabis for adult use and said “it is long past time that we in the United States end the federal prohibition on marijuana.”

And he congratulated Seattle when the city’s judges decided to green light expungements for past marijuana possession convictions.

“We must decriminalize marijuana nationally and expunge federal marijuana use and possession crimes,” he wrote.

Personal Experience With Marijuana

Sanders said that he smoked marijuana decades ago but that the plant “didn’t do much for me.”

“I smoked marijuana twice and all I did was cough my guts out, so it didn’t work for me,” he said at a rally in Las Vegas. “But I do understand other people have had different experiences.”

That said, the senator has made a point of emphasizing that his efforts to reform marijuana laws is not meant “to encourage anybody to smoke marijuana.”

Marijuana Under A Sanders Presidency

As the first major presidential candidate to endorse marijuana legalization—and as someone who has introduced and cosponsored some of the most far-reaching cannabis bills in Congress—Sanders has already made marijuana history in his career. He signaled again in his announcement speech that addressing the harms of the drug war would be a priority if he’s elected, and part of that agenda would likely involve seriously considering legislation to end the federal prohibition of marijuana.

While most 2020 Democratic presidential candidates have backed legalization at this point, Sanders’s long-standing record of standing up for drug policy reform gives voters relatively strong assurance that marijuana legalization would be near the top of his priorities as president.

Where Presidential Candidate Amy Klobuchar Stands On Marijuana

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Lawmakers Push FDA To Allow CBD-Infused Food Products

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A bipartisan group of members of Congress is pushing the Trump administration to provide a legal pathway for food products infused with the marijuana compound cannabidiol, better known as CBD.

In a letter sent to the Food and Drug Administration (FDA) on Friday, the lawmakers wrote that a series of recent actions by state and local officials in New York City, Maine and Ohio to crack down on the sale of CBD foods and beverages have “spurred a tremendous amount of confusion among product manufacturers, hemp farmers, and consumers of these products.”

FDA has so far refused to say whether it was involved in the local crackdowns in any way.

“In light of the aforementioned state enforcement actions and the resulting confusion, we are calling on FDA to swiftly provide guidance on lawful pathways for food products with CBD,” the 12 lawmakers, led by Rep. Chellie Pingree (D-ME), wrote to FDA Commissioner Scott Gottlieb.

Following the federal legalization of hemp and products derived from it late last year through the Farm Bill, FDA released a lengthy statement saying that it reserves the right to regulate cannabis-based products. The agency would take action against businesses making unsupported claims about CBD’s therapeutic potential, it said, even if the products in question were derived from legal hemp crops, and it warned against introducing such products into interstate commerce.

Gottlieb did say in the statement, however, that “pathways remain available for the FDA to consider whether there are circumstances in which certain cannabis-derived compounds might be permitted in a food or dietary supplement.”

He also said that FDA would hold a public meeting on the issue to “gather additional input relevant to the lawful pathways by which products containing cannabis or cannabis-derived compounds can be marketed, and how we can make these legal pathways more predictable and efficient.”

Now, the group of House members is urging him to hurry it up, and they want answers to the following questions by Friday:

1. When will FDA provide guidance on lawful pathways for food products with CBD? For example, it would seem the GRAS Notification Program would be one such pathway.

2. Has FDA advised states—such as New York, Maine or Ohio—that have recently taken enforcement actions against food products with CBD?

3. When will FDA hold a public hearing on the regulation of products containing CBD?

“States are looking for immediate leadership from the Federal Government to eliminate confusion around this issue,” the House lawmakers wrote. “Furthermore, numerous states are pursuing legislative efforts that would allow for the intrastate commerce of food products with CBD, potentially leading to a patchwork of state regulations.”

Lawmakers joining Pingree on the letter include Reps. Earl Blumenauer (D-OR), Don Young (R-AK), Tulsi Gabbard (D-HI), Mark Pocan (D-WI), Ed Perlmutter (D-CO) and Peter Welch (D-VT), among others.

Separately, lawmakers have sent a number of other letters to federal agencies recently about aspects of the Farm Bill’s hemp legalization provisions.

For example, Senate Majority Leader Mitch McConnell (R-KY) and Sen. Ron Wyden (D-OR), who together championed hemp legalization to passage, wrote to the U.S. Department of Agriculture last week urging that it move “expeditiously” to implement regulations on the newly legal crop.

Wyden and Sen. Jeff Merkley (D-OR) also sent a separate letter to the FDA last month criticizing “outdated regulations,” that “limit producers from taking full advantage of the industrial hemp market” such as the development of hemp-derived CBD products.

Read the full text of the new CBD letter to the FDA below:

Lawmakers Push FDA On CBD F… by on Scribd

FDA To Take Steps Toward Allowing CBD Products Following Hemp Legalization

Photo courtesy of Brendan Cleak.

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Legalization Supporters Slam Kamala Harris Endorsement From Marijuana Reform Champion Barbara Lee

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Rep. Barbara Lee (D-CA) is facing backlash from marijuana legalization advocates over her early endorsement of Sen. Kamala Harris (D-CA) in the 2020 presidential race.

The congresswoman, who last month became the first woman and first person of color to co-chair the Congressional Cannabis Caucus, and who has long been one of Capitol Hill’s most dedicated marijuana reform supporters, said in a statement that Harris has exhibited a “deep passion for justice and opportunity” throughout her career as a prosecutor.

But others have been critical of the senator’s time in the criminal justice system and particularly her role in enforcing harsh drug laws as a prosecutor. That sentiment was on full display after Lee tweeted about how marijuana criminalization has fueled mass incarceration on Saturday—two days after her endorsement of Harris.

“More people are arrested for marijuana than for all other violent crimes combined,” Lee wrote. “Marijuana has long been a driving force for mass incarceration in this country and I’m fighting to end it.”

Hundreds of Twitter users replied that the statement and her endorsement of Harris don’t line up.

“That candidate for 2020 you’re endorsing has been a driving enforcement for exactly this,” one user said in a tweet that generated more than 300 likes.

Harris has tried to rectify her image as a tough-on-crime prosecutor, going so far as to cosponsor wide-ranging legislation to end federal cannabis prohibition. She even admitted to using marijuana during college in a recent interview.

Still, her former offices’ involvement in punitive action against low-level drug offenders during her time as a San Francisco prosecutor and California state attorney general has created a lingering perception among many reform advocates who question her motivations. And for some, the memory of Harris laughing off a reporter’s question about marijuana legalization in 2014 burns bright.

The replies to Lee’s tweet didn’t quite rise to the level of a “ratio” (a Twitter phenomenon in which a post gets more angry replies than retweets or likes), but the overwhelming pushback against her endorsement makes clear that the Democratic presidential candidate will likely continue to face skepticism from marijuana legalization supporters and the broader criminal justice reform crowd as her campaign expands and the presidential race heats up.

Lee’s office did not respond to Marijuana Moment’s request for comment on this story.

Kamala Harris’s SnoopGate Is What A Political Marijuana Controversy Looks Like In 2019

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