Politics
Analyzing Congress’s Latest Vote To Protect Legal Marijuana States From Federal Enforcement
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Last week, for the second year in a row, the House of Representatives approved a spending bill amendment to protect all state, territory and tribal marijuana programs from federal interference.
The measure, which blocks the Department of Justice from using its funds to impede the implementation of cannabis local programs, cleared the chamber in a 254-163 vote. While there were fewer votes in favor of the amendment compared to last year’s tally of 267-165, that’s accounted for by an overall dip in votes, the death or absence of pro-reform members and the lack of ability to vote on the floor by delegates representing non-state U.S. territories this time around. “No” votes also decreased, though by a smaller margin.
“Overall, we are pleased with the successful vote,” Justin Strekal, political director of NORML, told Marijuana Moment. “It indicates an eager willingness for the House to address the underlying issue of federal prohibition and hope that House leadership views it the same way.”
There were notable flips in both directions—most significantly longtime opponent Rep. Debbie Wasserman Schultz (D-FL), who for the first time voted in favor of the measure—and other dynamics at play.
This analysis focuses on comparing only the 2019 and 2020 votes, whereas a previous Marijuana Moment’s piece compared last year’s result to a 2015 vote on the initial version of the measure that narrowly failed by a tally of 206-222.
All told, 222 Democrats voted in favor of the amendment while 157 Republicans opposed it. However, despite that partisan divide, there were several interesting exceptions.
Who Changed Their Vote From Last Year?
2019 “no” votes flipped to 2020 “yes” votes:
- Rep. Mark Amodei (R-NV)
- Rep. Sharice Davids (D-KS)
- Rep. Drew Ferguson IV (R-GA)
- Rep. Mark Green (R-TN)
- Rep. Roger Marshall (R-KS)
- Rep. Debbie Wasserman Schultz (D-FL)
As noted, Wasserman Schultz’s “yes” vote is especially interesting, as the former Democratic National Committee chair has historically opposed cannabis reform and voted twice against versions of this measure. Just before voting yes this time, she could be seen engaging in an animated chat on the House floor with amendment sponsor Rep. Earl Blumenauer (D-OR).
Amodei’s shift to a favorable vote is also notable given that his state legalized adult-use marijuana, though the policy had already been in place when he cast a “no” vote last year—something he likely got negative feedback about from constituents.
Davids, along with Wasserman Schultz, was one of only eight Democrats to vote against the measure in 2019, and she’s now joined the vast majority of her party colleagues in supporting the amendment.
2019 “yes” votes to flipped to 2020 “no” votes:
- Rep. Matthew Cartwright (D-PA)
- Rep. James Comer (R-KY)
- Rep. Russ Fulcher (R-ID)
- Rep. Greg Gianforte (R-MT)
- Rep. Bob Gibbs (R-OH)
- Rep. Tom Rice (R-SC)
- Rep. David Schweikert (R-AZ)
- Rep. Mike Simpson (R-ID)
Of this group, Comer’s switch to the opposition stands out the most. He’s been a vocal advocate for the hemp industry and even brought a CBD product that he said he uses to a congressional hearing last year.
Schweikert, Cartwright and Gianforte are also of interest, as each of their states are positioned to advance adult-use legalization. Activists in Montana and Arizona are confident that their legalization initiatives will qualify for the November ballot. In Pennsylvania, top lawmakers and state officials are actively pushing for bold cannabis policy reform.
This year’s action also provided an opportunity to see where lawmakers who did not participate in the vote last year—either because they were absent or not yet serving in Congress—stand on the issue.
2019 absences to 2020 “yes” votes:
- Rep. Tom Emmer (R-MN)
- Rep. Alcee Hastings (D-FL)
- Rep. Ann Kirkpatrick (D-AZ)
- Rep. Kweisi Mfume (D-MD)
- Rep. Tim Ryan (D-OH)
- Rep. Eric Swalwell (D-CA)
2019 absences to 2020 “no” votes:
- Rep. Dan Bishop (R-NC)
- Rep. Mike Garcia (R-CA)
- Rep. Jaime Herrera Beutler (R-WA)
- Rep. Chris Jacobs (R-NY)
- Rep. Gregory Murphy (R-NC)
- Rep. Thomas Tiffany (R-WI)
In contrast, several members who did vote on the measure in 2019 did not get the chance to do so again this year. Some lawmakers have since died or resigned, while others were not present for other reasons and didn’t give their proxy votes to other members.
2019 “yes” votes to 2020 absences:
- Rep. Aumua Amata (R-AS)
- Rep. Chris Collins (R-NY) (resigned)
- Rep. Elijah Cummings (D-MD) (deceased)
- Rep. Marcia Fudge (D-OH)
- Res. Comm. Jenniffer González-Colón (R-PR)
- Rep. Tom Graves (R-GA)
- Rep. Duncan Hunter (R-CA) (resigned)
- Rep. John Larson (D-CT)
- Rep. John Lewis (D-GA) (deceased)
- Rep. Paul Mitchell (R-MI)
- Rep. Eleanor Norton (D-DC)
- Rep. Stacey Plaskett (D-VI)
- Rep. Guy Reschenthaler (R-PA)
- Rep. Gregorio Sablan (D-MP)
- Rep. Linda Sánchez (D-CA)
- Rep. Michael San Nicolas (D-GU)
This category does the most to help explain why this year’s amendment saw fewer “yes” votes compared to 2019. The loss of Cummings and Lewis, the resignation of two Republican reform allies and the fact that representatives of the District of Columbia and territories such as Puerto Rico and Guam weren’t allowed to vote for procedural reasons related to the House’s coronavirus-related social distancing protocols.
2019 “no” votes to 2020 absences:
- Rep. Sean Duffy (R-WI) (retired in 2019)
- Rep. Louie Gohmert Jr. (R-TX)
- Rep. Kay Granger (R-TX)
- Rep. Adam Kinzinger (R-IL)
- Rep. Mark Meadows (R-NC) (appointed White House chief of staff)
- Rep. Markwayne Mullin (R-OK)
- Rep. John Ratcliffe (R-LA) (appointed director of national intelligence)
- Rep. William Timmons (R-SC)
Who Voted To Let The Feds Arrest Their Constituents?
All told, there were 17 members, all Republicans, who represent legal adult-use cannabis states who cast “no” votes for the amendment to protect their constituents’ interests. This analysis doesn’t include members from states that have only legalized medical cannabis, as those programs are already protected under an existing spending rider that’s been approved each year since 2014.
California
- Rep. Ken Calvert (R-CA)
- Rep. Paul Cook (R-CA)
- Rep. Mike Garcia (R-CA)
- Rep. Doug LaMalfa (R-CA)
- House Minority Leader Kevin McCarthy (R-CA)
- Rep. Devin Nunes (R-CA)
Colorado
- Rep. Doug Lamborn (R-CO)
- Rep. Scott Tipton (R-CO)
Illinois
- Rep. Michael Bost (R-IL)
- Rep. Darin LaHood (R-IL)
- Rep. John Shimkus (R-IL)
Michigan
- Rep. Jack Bergman (R-MI)
- Rep. Bill Huizenga (R-MI)
- Rep. John Moolenaar (R-MI)
- Rep. Tim Walberg (R-MI)
Washington State
- Rep. Jaime Herrera Beutler (R-WA)
- Rep. Cathy McMorris Rodgers (R-WA)
Who Went Against Their Party On The Amendment?
While cannabis legalization is an increasingly bipartisan issue, with majorities of the public from both parties expressing support for the policy change, the partisan divide remains largely intact in Congress. That said, the vote revealed some ideological dissents.
Democrats who voted “no”:
- Rep. Matthew Cartwright (D-PA)
- Rep. Henry Cuellar (D-TX)
- Rep. Josh Gottheimer (D-NJ)
- Rep. Conor Lamb (D-PA)
- Rep. Collin Peterson (D-MN)
- Rep. Tom Suozzi (D-NY)
These votes are even more interesting given that most of these members represent states where plans are in the works to implement recreational marijuana legalization. For example, in Gottheimer’s New Jersey, voters will see a marijuana legalization referendum on the November ballot. Top lawmakers in states represented by many of the other Democratic “no” votes are pushing legislation to end cannabis prohibition.
Republicans who voted “yes”:
- Rep. Mark Amodei (R-NV)
- Rep. Kelly Armstrong (R-ND)
- Rep. Don Bacon (R-NE)
- Rep. Troy Balderson (R-OH)
- Rep. Ken Buck (R-CO)
- Rep. Rodney Davis (R-IL)
- Rep. Tom Emmer (R-MN)
- Rep. Drew Ferguson (R-GA)
- Rep. Matt Gaetz (R-FL)
- Rep. Anthony Gonzalez (R-OH)
- Rep. Mark Green (R-TN)
- Rep. Morgan Griffith (R-VA)
- Rep. Kevin Hern (R-OK)
- Rep. Trey Hollingsworth (R-IN)
- Rep. David Joyce (R-OH)
- Rep. Roger Marshall (R-KS)
- Rep. Thomas Massie (R-KY)
- Rep. Brian Mast (R-FL)
- Rep. Tom McClintock (R-CA)
- Rep. Dan Newhouse (R-WA)
- Rep. Tom Reed (R-NY)
- Rep. Denver Riggleman (R-VA)
- Rep. Mike Rogers (R-AL)
- Rep. Chip Roy (R-TX)
- Rep. Greg Steube (R-FL)
- Rep. Fred Upton (R-MI)
- Rep. Greg Walden (R-OR)
- Rep. Michael Waltz (R-FL)
- Rep. Steve Watkins (R-KS)
- Rep. Ted Yoho (R-FL)
- Rep. Don Young (R-AK)
Notably, only seven of those 31 “yes” votes came from Republican members representing states with legal recreational marijuana laws on the books.
What remains to be seen, however, is how the GOP-controlled Senate will approach this measure. There were not similar amendments introduced to that chamber’s version in 2015 or 2019, and it’s not clear whether any senators will attempt to insert a version this round. The Senate has not yet started its Fiscal Year 2021 appropriations process.
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Photo courtesy of Brian Shamblen.