Since being founded in 2013, anti-legalization organization Smart Approaches to Marijuana (SAM) has consistently presented itself as supporting a balanced middle-ground approach between incarceration for consumers and the commercialization of cannabis. But it has never clearly described what it thinks police and government agencies should do to people caught possessing marijuana instead of putting them behind bars or just ignoring them.
In a new document uploaded to SAM’s website last week, the group lays out “several key points to be addressed in model legislation” for cannabis at the state level.
Chief among them:
“Require mandatory assessment of problem drug use by a treatment professional after the first citation; those who are diagnosed with a substance use disorder can be diverted into a treatment track where they receive the appropriate level of care, those who are not problem users can be directed to social services for follow-up and addressing other life factors contributing to drug use.”
Let’s break that down.
If the police catch someone possessing a small amount of marijuana once, the person is directed to a “mandatory assessment of problem drug use.” If they are diagnosed as having a substance use disorder they are then forced to undergo treatment. If they refuse, presumably they’d be incarcerated or otherwise punished in some way.
But even if it is determined that the person is “not a problem” user, they still get directed to “social services” to dig into “other life factors” associated with their decision to consume cannabis.
“Project SAM, like U.S. Attorney General Jeff Sessions, firmly believe that ‘good people don’t use marijuana,'” Paul Armentano, NORML’s deputy director, told Marijuana Moment after reading the prohibitionist organization’s proposal. “In SAM’s case, their overarching philosophy appears to be, ‘Only people with problems use marijuana.'”
“Clearly, SAM believes that marijuana use per se should be defined under the law as aberrant behavior requiring varying degrees of state intervention,” he said. “Such an approach perpetuates the needless stigmatization of marijuana and those who consume it, and is clearly at odds with the attitudes of the majority of the public who desire to see and end to these discriminatory and punitive public policies.”
SAM representatives did not respond to Marijuana Moment’s request for clarification about whether and how people would be punished for refusing mandatory assessments, treatment or participation in social services programs.
While the organization this year endorsed New Jersey decriminalization legislation that would require people caught with marijuana to undergo assessments, the new blog post appears to be the first time the group has made a considerable effort to articulate its favored alternative to cannabis legalization despite repeated promises over the course of years that it would “soon” release information about its policy aims beyond just impeding efforts to end prohibition.
@SanhoTree There are plenty of non-legalization alternatives that are also non incarceration. We will unveil some soon.
— SAM (@learnaboutsam) March 25, 2015
— Tom Angell 🌳📰 (@tomangell) August 9, 2014
Under the new plan, it appears that most people caught with marijuana would have to pay for treatment themselves.
But in a concession to legalization advocates who have pointed out that marijuana laws are often enforced more harshly against those from communities with lesser economic means, SAM does suggest waiving fines and treatment costs for people who don’t have the money to pay. They also say community service could be an alternative to shouldering the monetary costs for those with “severe financial hardship.”
Kevin Sabet, SAM’s president, has consistently said in interviews that he doesn’t seek to punish people for consuming or cultivating marijuana at home and is merely concerned with stopping “Big Marijuana” companies from commercializing addiction. But his organization has repeatedly opposed legislative proposals to allow possession and limited cultivation with no sales.
“You could grow a plant at home, actually. You could homegrow,” he said in a 2016 interview, for example. “You could do gifting. You could do a kind of decriminalization where basically we turn the other way.”
Nonetheless, the group opposed a 2014 ballot measure in Washington, D.C. to legalize low-level possession and homegrow, as well as legislation in Vermont this year to allow the same thing. Neither proposed to create a legal, commercialized cannabis sales market and instead allows adults to “gift” marijuana to one another in line with Sabet’s statement.
Both measures were enacted into law over SAM’s objections.
Perhaps tiring of standing on the sidelines yelling “no” to legalization to no avail, the group is finally preparing to try its hand in shaping policy. It remains to be seen if the new “model legislation” document leads to a more hands-on role in the cannabis legislative process for the prohibitionist organization.
Senator Files New Bill To Federally Legalize Marijuana And Regulate It Like Tobacco
A Democratic senator filed a new bill to federally legalize marijuana on Thursday, creating yet another potential avenue through which Congress could enact the policy change.
This piece of legislation, sponsored by Sen. Tina Smith (D-MN), would remove cannabis from the Controlled Substances Act and direct several federal agencies to develop regulations for the plant.
Titled the “Substance Regulation and Safety Act,” the bill would deschedule cannabis, require the U.S. Department of Health and Human Services (HHS) to develop rules that treat marijuana the same as tobacco, create a national research institute to evaluate the risks and benefits of cannabis, require the U.S. Department of Agriculture to impose quality control standards and mandate that the Department of Transportation study methods for detecting THC-impaired driving.
The descheduling provisions “are retroactive and shall apply to any offense committed, case pending, or conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered, before, on, or after the date of the enactment of this Act,” the text of the bill states.
HHS would have to come up with a “national strategy to prevent youth use and abuse of cannabis, with specific attention to youth vaping of cannabis products.” Further, text of the legislation states that the department would be required to “regulate cannabis products in the same manner, and to the same extent,” as it does with tobacco.
That includes “applying all labeling and advertising requirements that apply to tobacco products under such Act to cannabis products.”
U.S. Customs and Border Protection would be tasked with working with other agencies to develop policies on allowing marijuana imports and exports.
The legislation further contains racial justice provisions. For example, HHS would have to consult with “consult with civil rights stakeholders” to determine “whether cannabis abuse prevention strategies and policies are likely to have racially disparate impacts” within 100 days of the bill’s enactment.
The Department of Transportation would similarly have to determine whether its impaired driving prevention policy “is likely to contribute to racially disparate impacts in the enforcement of traffic safety laws.”
Agencies charged with establishing these regulations would have one year following the bill’s enactment to finalize those rules.
A federal age requirement for marijuana sales would be set at 21 under the measure.
The short title of the bill as published on Congress’s website states that it would “decriminalize and reschedule cannabis.” However, the text of the legislation as introduced that was shared with Marijuana Moment says it would go beyond rescheduling by removing marijuana from the CSA entirely, a process known as descheduling. Representatives from Smith’s office did not immediately respond to a request for clarification.
This is the latest legalization bill to be introduced this Congress. In some ways, it appears to be a more modest reform compared to other pieces of legislation that reform advocates are backing such as the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which includes provisions beyond rescheduling to reinvest in communities most impacted by the war on drugs.
Sources recently told Marijuana Moment there are plans in motion to get a House floor vote on that bill in September, though it’s prospects in the Republican-controlled Senate are more dubious. It’s possible that this bill from Smith would be more palatable to GOP members given its more narrow focus.
“It’s terrific to see Senator Smith engage so substantively in the cannabis policy reform debate,” Justin Strekal, political director of NORML, told Marijuana Moment. “We at NORML look forward to propelling many aspects of the new legislation into the broader conversation on the future of federal regulations in regards to a post-prohibition America.”
The introduction of this legislation comes one day after the House approved a spending bill amendment that would protect all state, territory and tribal cannabis programs from federal intervention.
While Smith has only been in Congress since 2018, after she replaced Sen. Al Franken (D-MN) following his resignation, she has signed onto various pieces of cannabis reform legislation as a cosponsor, and she’s made several comments in favor of reform.
For example, the senator attached her name to bills to protect banks that service state-legal marijuana businesses from being penalized from federal regulators and to legalize industrial hemp. She also cosponsored a resolution condemning “state-sanctioned extrajudicial killings” over drug crimes in the Philippines.
Smith also recently remarked racial disparities in drug enforcement in a Senate floor speech.
This bill is being introduced as Minnesota lawmakers push for state-level legalization, with a top legislator unveiling a comprehensive plan for legalizing cannabis for all adults 21 and older in May.
It also comes shortly after the Democratic National Committee rejected an amendment to adopt legalization as a 2020 party plank, with members opting instead to embrace more modest reforms. Advocates suspend that there may have been pressure for the panel not to formally embrace a policy change that is opposed to by presumptive Democratic presidential nominee Joe Biden.
Read the new Senate marijuana legalization below:
Photo courtesy of WeedPornDaily.
Louisiana Law Allowing Medical Marijuana For Any Debilitating Condition To Take Effect
A new Louisiana law significantly expanding the state’s medical marijuana program officially takes effect on Saturday.
This comes two months after the legislature approved the bill and Gov. John Bel Edwards (D) signed it. The legislation will allow physicians to recommend medical cannabis to patients for any debilitating condition that they deem fit instead of from the limited list of maladies that’s used under current law.
Other new laws coming into force this weekend include ones to set hemp and CBD regulations, shield financial institutions that service marijuana businesses from being penalized by state regulators and provide legal protections for doctors who recommend medical cannabis and medical facilities that have marijuana patients in their care.
The medical marijuana expansion bill as introduced by its sponsor, Rep. Larry Bagley (R), initially only would have added traumatic brain injuries and concussions but was amended in committee to include several other conditions as well as language stipulating that cannabis can be recommended for any malady that a physician “considers debilitating to an individual patient.”
“I’m excited. I’m expecting it to be a pretty big day,” Bagley told Marijuana Moment in a phone interview on Thursday. “All the people out here tell me all the wonderful stories about how they were in terrible pain and then they took it and then they’ve gotten away from the pain.”
The lawmaker is particularly hopeful that providing this expanded access will help curb the opioid epidemic by providing patients with a safer alternative to prescription painkillers.
“The medical marijuana is not [like opioids] because not not addictive. No one’s ever died from it,” he said.
“I’m hopeful I think this is gonna be a big day. I’m really expecting this to be a game changer for Louisiana, for the state, for the pharmacies that are doing this,” he said. “I think it’s going to be a big moneymaker for state. At least I hope it is. And I think that everybody’s going to be really happy about it, but time will tell.”
Bagley had also introduced a House-passed bill to allow delivery services, but he voluntarily withdrew it from Senate committee consideration, telling Marijuana Moment at the time that he felt the debilitating condition bill would already allow cannabis products to be delivered to patients like other traditional pharmaceuticals.
The delivery bill would have required a government regulatory body to develop “procedures and regulations relative to delivery of dispensed marijuana to patients by designated employees or agents of the pharmacy.”
It remains to be seen if regulators will agree with Bagley’s interpretation, as doctors are still prohibited from “prescribing” cannabis, and marijuana products are not dispensed through traditional pharmacies. But regulators did move to temporarily authorize delivery services during the coronavirus pandemic, so it’s possible they will be amenable to extending the allowance on a permanent basis.
State lawmakers also passed a resolution in June to create “a task force to study and make recommendations relative to the cannabis industry projected workforce demands.” Text of the legislation, which does not require gubernatorial action, states that “there is a need to study the workforce demands and the skills necessary to supply the cannabis industry with a capable and compete workforce, including physicians, nurse practitioners, nurses, and other healthcare practitioners.”
Photo courtesy of WeedPornDaily.
Nancy Pelosi Says Marijuana Is A ‘Therapy That Has Proven Successful’ Amid Coronavirus Bill Debate
House Speaker Nancy Pelosi (D-CA) on Friday defended the decision to include marijuana banking protections in Democrats’ latest coronavirus relief bill.
The speaker was asked about various provisions of the legislation that Republicans had criticized as not germane to the health crisis, with a reporter citing the cannabis component in particular. Pelosi took issue with the suggestion and said there is a role for marijuana reform amid the pandemic.
“I don’t agree with you that cannabis is not related to this,” the top House Democrat said. “This is a therapy that has proven successful.”
It’s not clear whether the speaker was suggesting that marijuana has medical value for a coronavirus infection specifically or was more broadly referencing the plant’s therapeutic potential. The Food and Drug Administration has made clear that there’s currently no solid evidence that cannabinoids can treat COVID-19 and it’s warned companies that make that claim.
Several lawmakers have argued that the Secure and Fair Enforcement (SAFE) Banking Act is relevant to the health crisis for a different reason, as protecting financial institutions that service cannabis businesses would mean fewer cash exchanges at dispensaries, thus minimizing the spread of the virus.
Marijuana Moment previously exclusively reported that Pelosi—who said in 2018 that doctors should prescribe medical cannabis and yoga more often instead of prescription opioids—supported attaching the banking language to the House’s coronavirus package prior to the legislation’s introduction.
That said, Senate leadership unveiled their latest round of coronavirus relief legislation on Monday, and it does not include the SAFE Banking Act provisions. It remains to be seen whether bicameral negotiators will be able to get it in the final bill sent to the president’s desk.
Rep. Ed Perlmutter (D-CO) said in May that he felt there was a 50-50 chance the Senate would adopt it as part of their COVID-19 bill.
On Friday, House Minority Leader Kevin McCarthy (R-CA) took to Twitter to slam Pelosi’s latest cannabis comments.
“Hey Nancy, let’s focus on the pandemic. Not pot,” he said.
Incredibly irresponsible—Pelosi just doubled down on her $3 trillion dollar cannabis legislation, falsely claiming that it's a proven therapy for coronavirus.
Hey Nancy, let's focus on the pandemic. Not pot. pic.twitter.com/Eo8pfwwZez
— Kevin McCarthy (@GOPLeader) July 31, 2020
The Senate Republican Communications Center also chimed in.
“House Democrats are continuing to try and push unrelated COVID-19 wish-list items. All of them should be taken out,” the group tweeted.
PELOSI on cannabis provisions in House coronavirus bill:
"I don't agree that cannabis is not related to this.”
House Democrats are continuing to try and push unrelated COVID-19 wish-list items. All of them should be taken out. pic.twitter.com/3yYf8QSv0r
— Senate Republican Communications Center (@SRCC) July 31, 2020
Meanwhile, the standalone SAFE Banking Act has continued to sit in the Senate Banking Committee without action in the months since the House initially approved it.
Earlier this month, a bipartisan coalition of state treasurers sent a letter to congressional leaders, asking that they include marijuana banking protections in the next piece of coronavirus relief legislation.
In May, a bipartisan coalition of 34 state attorneys general similarly wrote to Congress to urge the passage of COVD-19 legislation containing cannabis banking provisions.
Pelosi’s latest comments come one day after the House approved an amendment to protect state, territory and tribal marijuana laws from federal interference.