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Anti-Marijuana Rep. Joe Kennedy Now Supports Legalization

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The last remaining young Democrat in Congress to vocally oppose the legalization of marijuana has changed his mind.

“I believe legalization is our best chance to actually dedicate resources toward consumer safety, abuse prevention, and treatment for those who need it,” Rep. Joe Kennedy III (D-MA) wrote in an op-ed published on Tuesday. “It is our best chance to ensure that addiction is treated as a public health issue — not a criminal justice one.”

As a member of Congress, Kennedy, 38, not only opposed his home state of Massachusetts’s move to legalize marijuana, but has consistently voted against House amendments to shield state medical cannabis laws from federal interference, allow military veterans to access medical marijuana and protect children who use non-psychoactive cannabidiol extracts to treat severe seizure disorders.

Most other Democratic lawmakers—and a growing number of Republicans—are supporting policy changes like the ones Kennedy has opposed. And in the latest national Gallup poll, solidly two out of three Americans—including 75 percent of Democrats and even 53 percent of Republicans—now say it is time to legalize marijuana outright.

As such, Kennedy has been an outlier in his caucus when it comes to cannabis, something he admitted in an interview earlier this year.

“That’s a tough issue for me. I come at it a little bit differently, obviously, than the vast majority of my colleagues,” he said. “I hear their position. I really do. I’m in a state that voted for [legalization].”

In a separate interview he conceded that “the party is clearly moving in that legalization direction. It might already be there.”

Beyond any legitimate policy-based concerns underlying Kennedy’s shift, it would seem that opposing marijuana legalization has become a politically untenable position for a young lawmaker who many have floated as a potential future presidential candidate.

In the new op-ed, published on the health website STAT, Kennedy said that his longtime reluctance to embrace marijuana reform stems from his “ongoing work with the mental health and addiction communities.”

But now he says he realizes that “federal policy on marijuana is badly broken, benefiting neither the elderly man suffering from cancer whom marijuana may help nor the young woman prone to substance use disorder whom it may harm.”

So Kennedy is calling for the removal of cannabis from the Controlled Substances Act (CSA), a move commonly referred to as descheduling. In the op-ed, he cites racial disparities in prohibition enforcement, cannabis businesses’ lack of access to banks and jeopardized public housing opportunities for people who consume marijuana as reasons the policy change is needed.

“As long as marijuana remains regulated by the CSA, the federal government is barred from rectifying these failures or acting with any oversight authority as states move ahead with reform at record pace. So a broken, patchwork system flourishes in our country today with no federal guardrails — like the ones we have for alcohol and tobacco — to protect public health and safety and ensure equal justice.”

“Legalization would restore the federal government’s ability to regulate a powerful new industry thoroughly and thoughtfully,” he writes. “It would allow us to set packaging and advertising rules, so marketing can’t target kids. It would help set labeling requirements and quality standards, so consumers know exactly what they’re buying. It would ensure that we can dedicate funding to encourage safe use and spread awareness about the risks of impaired driving. And it would create tax revenue for research on mental health effects, safe prescription drugs, and a reliable roadside test.”

It remains to be seen whether Kennedy’s new position on cannabis will be matched with actions to cosponsor legislation to end federal prohibition.

“My concerns about the public health impact of marijuana remain. But it has become clear that prohibition has wholly failed to address them.”

Either way, his new op-ed is one of the clearest signals yet that the politics of marijuana have shifted. And it is sure to disappoint his relative and former Rep. Patrick Kennedy (D-RI), who is a cofounder of prohibitionist organization Smart Approaches to Marijuana (SAM) and continues to be a leading voice against legalizing cannabis.

SAM released a statement saying that while the congressman’s op-ed “articulates an understandable frustration” about federal marijuana laws, the group’s leaders “do not agree” with his decision to back legalization.

The announcement of the younger Kennedy’s shift comes on the same day legal recreational marijuana sales began in his home state of Massachusetts, where voters overwhelmingly approved a cannabis legalization ballot measure despite his objections in 2016.

The congressman began to reconsider his position earlier this year, he indicated in an interview with WGBH radio.

“The federal government policy on this is incoherent, and the federal government needs to get far more coherent on this,” he said at the time, while stopping short of endorsing legalization. “For states that have put in place the proper safeguards and procedures, I’d be inclined to support those states.”

But he received criticism when, during a separate interview with Vox’s Ezra Klein suggested that marijuana should be kept illegal in order to make it easier for police to search people’s vehicles.

“If you smelled [marijuana] in a car, you could search a car,” he said. “When it became decriminalized, you couldn’t do that.”

Kennedy’s grandfather, former U.S. Attorney General Bobby Kennedy, criticized the hypocrisy underlying marijuana criminalization during a television interview 50 years ago.

This story has been updated to include reaction from prohibitionist organization Smart Approaches to Marijuana.

Photo courtesy of Martin Grondin.

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.)

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Marijuana Banking Bill Will Get A Full House Floor Vote This Month

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A bipartisan bill to protect banks that service marijuana businesses will get a House floor vote by the end of the month, the office of Majority Leader Steny Hoyer (D-MD) confirmed to Marijuana Moment on Friday.

House leadership announced the decision to Democratic lawmakers at a closed-door meeting on Thursday.

“Mr. Hoyer said at the Whip meeting yesterday that he intends to move it this month,” a Hoyer staffer said in an email. “We’re discussing it with Members, but it hasn’t been scheduled just yet.”

Prior to confirmation from Hoyer’s office, four sources initially described the development to Marijuana Moment, with some saying the vote would be made under suspension of the rules—a procedure that is generally reserved for non-controversial legislation.

Voting on suspension would require two-thirds of the chamber (290 members) to vote in favor of the Secure and Fair Enforcement (SAFE) Banking Act in order for it to pass. The bill, which cleared the House Financial Services Committee in March, currently has 206 cosponsors, including 26 Republicans.

No amendments would be allowed to be added on the floor under the suspension process.

Problems could arise if lawmakers aren’t able to rally additional votes from conservative members or if there’s pushback over the strategy from progressive lawmakers, though it is unlikely Democratic leadership would advance the bill if they didn’t believe they have the votes for passage.

While interest in resolving the banking issue is generally bipartisan, it’s within reason to assume that lawmakers on both sides of the aisle might have wanted the opportunity to offer provisions such as extending protections to hemp businesses or adding language promoting social equity policies. That said, it is possible that leadership could file an entirely new piece of legislation that is similar to the SAFE Banking Act but contains modified provisions negotiated with key members and use that as the vehicle for floor action.

Many expected cannabis banking legislation to receive a floor vote before the August recess, but that did not come to fruition.

In any case, the development comes as the Senate Banking Committee is also preparing to hold a vote on marijuana banking legislation, with Chairman Mike Crapo (R-ID) announcing on Thursday that his panel is “working to try to get a bill ready.” He didn’t offer a timeline, however, other than saying he hoped to advance the legislation by the end of the year.

While sources told Marijuana Moment that Hoyer made his decision to allow cannabis banking vote following an earlier Wednesday meeting on the issue, it is likely that building momentum in the GOP-controlled Senate added to pressure on the House to act so that Democrats wouldn’t be seen as lagging behind Republicans on cannabis reform, an issue the party has sought to take political ownership of.

Following Crapo’s statement on advancing the banking legislation, Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, told Marijuana Moment that he welcomes the senator’s “commitment to resolve the banking conflicts that have been created by the misalignment in state and federal law on the issue of cannabis.”

“I remain focused on passing the SAFE Banking Act out of the House and look forward to working with my colleagues in the Senate as they take up the SAFE Banking Act or work to develop and pass similar legislation,” he said.

Banking access is largely seen as one of the most achievable pieces of cannabis legislation that stands to pass this Congress. Advocates and reform-minded lawmakers view it as one of the first steps on the path toward ending federal marijuana prohibition.

“We are seeing the blueprint in action and moving forward on critical legislation to protect state legal cannabis banking,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment, referring to a memo he sent to House leadership last year outlining a committee-by-committee process for passing incremental cannabis bills leading up to major legislation to end federal prohibition. “Earlier this summer, the House passed protections for state and tribal cannabis laws. In the most cannabis friendly Congress in history, we need to keep up this momentum. There is still much to be done.”

There has been some disagreement within advocacy circles about whether it’s prudent to pass legislation viewed as primarily favorable to the industry before advancing comprehensive legislation that deschedules cannabis and takes steps to repair the harms of prohibition enforcement.

“It is our hope that after the successful passage of the SAFE Banking Act in the House, we will be able to advance legislation that ends the federal criminalization of cannabis once and for all,” Justin Strekal, political director of NORML, told Marijuana Moment. “Now is our time to demonstrate that marijuana law reform is both good policy and good politics.”

“We will not stop until otherwise law-abiding Americans are no longer discriminated against or criminalized due to the past or future choice to consume cannabis,” he said.

Neal Levine, CEO of the Cannabis Trade Federation, told Marijuana Moment that the group is “delighted that the U.S. House of Representatives is on the brink of passing a landmark piece of cannabis policy legislation that modernizes our antiquated banking laws to reflect the will of the people.”

“This is welcomed and long overdue news for the over 200,000 employees that work in the industry, cannabis businesses, and for public safety in the communities in which we operate,” he said. “Once the SAFE Banking Act passes the U.S. House, we call on the U.S. Senate to move quickly to protect our businesses and our workers.”

Pressure has been building all year from stakeholders and policymakers alike to get the legislation passed. Endorsements aren’t just coming from reform groups, either; 50 state banking associations, the National Association of State Treasurers, the top financial regulators of 25 states, a majority of state attorneys general and bipartisan governors of 20 states have also voiced support for the SAFE Banking Act.

Earlier this month, the head of the American Bankers Association predicted that the bill would be passed in the House “as early as September.”

GOP Senate Chair Says He Plans Marijuana Banking Vote

This story was updated to add comment from Perlmutter and Hoyer’s office.

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.
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New ‘Marijuana 1-to-3 Act’ Would Reclassify Cannabis Under Federal Law

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Another bill to reschedule marijuana was filed in Congress on Thursday.

Rep. Greg Steube (R-FL) introduced the legislation, which is titled the “Marijuana 1-to-3 Act.” True to its name, the bill would simply require the attorney general to move cannabis from Schedule I to Schedule III under the Controlled Substances Act, with the aim of increasing research on the drug’s effects.

“As marijuana is legalized for medical and recreational use across the United States, it is important that we study the effects of the substance and the potential impacts it can have on various populations,” Steube said in a press release. “By rescheduling marijuana from a schedule I controlled substance to a schedule III controlled substance, the opportunities for research and study are drastically expanded.

“With this rescheduling, researchers can now access federal funds to research this substance and determine its medical value,” he said.

The press release came hours after a bipartisan pair of lawmakers introduced separate legislation to reschedule marijuana, also to Schedule III.

That bill contained additional provisions that would require federal agencies to develop research agendas for marijuana within one year of its enactment and also establish a system whereby universities could be designated as “Centers of Excellence in Cannabis Research” if they conducted comprehensive studies on issues related to marijuana.

Rep. Matt Gaetz (R-FL), who is a sponsor of the broader research bill, is also cosponsoring Steube’s more focused rescheduling proposal.

It’s not clear why Steube chose to file his own reclassification bill or whether the other legislation’s additional provisions were a factor.

The congressman’s two-page bill states that “the Attorney General of the United States shall, by order not later than 60 days after the date of enactment of this section, transfer marijuana…from schedule I of such Act to schedule III of such Act.”

“We hear every day about the positive health benefits of marijuana,” Steube said. “Whether it’s young children with seizure disorders, or veterans suffering from chronic pain, it is clear that there are medical benefits to marijuana and I think it’s time we remove the bureaucratic red tape that prevents us from thoroughly studying this substance.”

While he emphasized that the intent of his legislation is to encourage research into marijuana, placing cannabis in Schedule III would also have implications for marijuana businesses, who are currently ineligible for federal tax deductions under an Internal Revenue Code section that applies to anyone “trafficking in controlled substances” in Schedule I or II.

Read the full text of the bill below: 

Marijuana 1-to-3[1] by Marijuana Moment on Scribd

Former Anti-Legalization Clinton Cabinet Official Files Marijuana Reclassification Bill In Congress

Photo by Ndispensable.

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GOP Senate Chair Says He Plans Marijuana Banking Vote

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The Republican chair of the Senate Banking Committee said on Thursday that his panel will hold a vote on legislation allowing banks to service state-legal marijuana businesses this year.

Chairman Mike Crapo (R-ID) told Politico that while he doesn’t support ending federal cannabis prohibition, his committee will take up the industry’s banking issues, which was the subject of a hearing the panel held in July. Because marijuana remains federally illegal, many financial institutions remain wary of taking on cannabis business clients—forcing them to operate on a cash-only basis—and there’s a growing bipartisan call to resolve the problem.

“We’re working to try to get a bill ready,” the senator said. “I’m looking to see whether we can thread the needle.”

Legislation to provide financial services to marijuana businesses—the Secure and Fair Enforcement (SAFE) Banking Act—already exists and was approved by the House Financial Services Committee in March. That bill has 206 cosponsors, including 26 Republicans. The companion Senate bill has nearly a third of the chamber signed on.

It’s not clear what changes Crapo is hoping for, but there’s been talk of adding hemp-specific banking protections, or including language to prevent activities such as Operation Choke Point, an Obama-era policy that conservatives view as biased against certain industries such as gun manufacturers, in order to bolster the proposal’s GOP appeal.

This development comes as Congress returns from a summer recess. Cannabis reform advocates hoped that the Democratic-controlled House would put the SAFE Act to a vote before August, but that window passed.

There have been renewed rumors that House leadership is planning to schedule a vote on the SAFE Act soon, but some dispute has broken out among cannabis reform supporters about the notion of passing a bill seen as industry-focused prior to moving broader legislation to deschedule marijuana and repair the harms of past prohibition enforcement.

Many supporters of more far-reaching moves have zeroed in on a bill House Judiciary Committee Chairman Jerrold Nadler (D-NY) filed, but it’s unclear when that legislation would be able to see a markup by the panel, which for now is focused on issues such as gun reform and the prospect of impeachment proceedings.

If the Republican-controlled Senate were to pass marijuana banking legislation soon, it could increase political pressure on House majority Democrats to follow suit lest they be seen as lagging on an issue on which their party has increasingly sought to lead.

Don Murphy, federal policies director for the Marijuana Policy Project, told Marijuana Moment that polling in Crapo’s home state of Idaho—one of only three states that currently have no legal cannabis laws on the books—shows that voters in the state support cannabis reform and that “it appears Chairman Crapo is seeing similar results.”

“Apparently MPP hasn’t done the only marijuana poll in Idaho recently,” he said. “Idaho voters support marijuana policy reform and with his support of the SAFE Act the Senator is moving in their direction. What took years to develop could end up in a photo finish as each chamber attempts to beat the other to a floor vote. If true, this is a very good news.”

Idaho activists are working to place a medical cannabis measure on the state’s 2020 ballot.

While it’s not clear Crapo that endorses the SAFE Act as written or that he would use an amended version of the existing bill as the vehicle to advance the issue, he’s made several statements indicating that he’s interested in a legislative fix on cannabis banking.

“We may craft our own bill or we may work with them to craft any amended legislation,” he told Politico.

“It would be terrific for the Senate Banking Committee to hold a markup on The Safe Banking Act, which we believe would result in a favorable bipartisan vote,” NORML Political Director Justin Strekal told Marijuana Moment. “Now more than ever, members of Congress spanning all types of geographic and political diversity recognize the need to amend existing law and move us towards ending federal prohibition.”

Crapo told Politico that he’s particularly interested in passing cannabis banking reform legislation because of the negative impact of the ban on ancillary businesses like plumbing and hardware companies that work with such businesses but don’t deal directly with marijuana.

The head of the American Bankers Association (ABA) predicted last week that the House would vote on the legislation before October.

“THIS is a very important development- thank you [Sen. Crapo] for helping advance this legislation that will allow people and businesses access to the banking sector in states that have legalized cannabis and address the state/federal law inconsistency,” he wrote in response to the senator’s latest comments.

Politically, passing the banking bill in the Senate could give Sen. Cory Gardner (R-CO), its chief GOP cosponsor, a much-needed win heading toward next year’s election. Democratic candidates, including former Colorado Gov. John Hickenlooper (D) are targeting the seat, and Gardner has made much of his work to support the state’s legal cannabis market.

DEA Wants 3.2 Million Grams Of Marijuana Legally Grown In 2020

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.
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