Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Kamala Harris (D-CA) introduced companion bills on Tuesday that would protect people with low-level drug convictions from being denied access to or being evicted from public housing.
The Fair Chance at Housing Act would also prohibit the use of drug and alcohol testing as a condition of being admitted into government-supported housing.
The legislation isn’t solely drug-related, as it also limits the authority of federally assisted housing owners to turn away individuals convicted of other low-level crimes. Providers would be “limited to considering only criminal activity that may be more likely to have an impact on the applicant’s success as a tenant such as felonies” and other crimes that pose a threat to public safety, according to a fact sheet on the bill.
Text of the legislation states that individuals with a “conviction for a drug offense for which the individual served a sentence of less than ten years” would be exempted from a policy that allows public housing providers to deny certain applicants.
Further, federally assisted housing operators “may not require drug or alcohol testing of any applicant for admission” or “require drug or alcohol testing of any tenant of federally assisted housing or member of a tenant’s household as a condition of tenancy in such housing or continued receipt of such assistance.”
A separate provision prohibits housing providers from requiring applicants to consent to allow substance abuse treatment facilities to disclose information about whether they are “currently engaging in the illegal use of a controlled substance” or about “the applicant’s progress in rehabilitation.”
Ocasio-Cortez raised this issue of the drug war’s intersection with housing access during a House Financial Services Committee hearing in May.
Addressing U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson, the congresswoman discussed the “rippling effect” that the war on drugs has had on communities of color that has been “codified in our housing system.”
She voiced opposition to HUD’s one-strike policy, which allows public housing owners to evict tenants for engaging in illicit drug use or other crimes. That policy would be repealed under her legislation.
Another HUD rule that would be scaled back by the bill is the “no fault” policy, empowering property owners to evict occupants due to the drug-related criminal activity of a guest even if the tenant wasn’t aware of it.
“For decades, the War on Drugs has done far more harm than good, wreaking havoc on American families through mass incarceration while having a very limited impact on rehabilitation,” a press release about the new legislation says. “Moreover, these efforts have had profoundly disproportionate effects on minorities, who have historically been the primary target of harsh anti-drug policies. The consequences of these now-debunked policies reach much farther than the doors of our prisons. A criminal background can have lifelong implications for a person’s ability to obtain housing, employment, education and to otherwise rebuild their lives. Access to stable housing in particular is one of the most important first steps to rehabilitation, but federal laws continue to pose unnecessary and punitive barriers to federal housing assistance for those with criminal records.”
In a statement, Ocasio-Cortez said the bill “is one of many steps that need to be taken to repair our broken criminal justice system.”
“The denial of basic necessities to formerly incarcerated people does not make our communities safer,” she said. “Denying housing to those that have been formerly incarcerated increases recidivism. Today we are taking a step to make our communities safer.”
The War on Drugs has grown far beyond our criminal justice system – it’s also evolved into a poverty trap for impacted families.
— Alexandria Ocasio-Cortez (@AOC) July 10, 2019
Harris, who is running for the 2020 Democratic presidential nomination, added that “too many people become involved in our criminal justice system and serve their time only to return home to face additional barriers to employment, education and housing.”
“By requiring a higher standard of evidence and a more holistic review process, we are taking a significant step toward giving Americans a fair chance to succeed,” she said.
Read text of Ocasio-Cortez and Harris’s housing legislation below:
Fair Chance at Housing Bill… by on Scribd
Photo courtesy of Mike Latimer.
New Hampshire Lawmakers Approve Marijuana Legalization Bill
A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.
While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.
The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.
“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”
Watch New Hampshire lawmakers discuss the marijuana legalization bill below:
This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.
“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”
“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”
A floor vote by the full House of Representatives is expected on February 6.
Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.
Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.
In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.
New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.
Photo courtesy of Philip Steffan.
AOC Says Colorado Is Doing A ‘Great Job’ With Marijuana Legalization
Rep. Alexandria Ocasio-Cortez (D-NY) says Colorado is an example of a state that’s effectively taxing and regulating marijuana.
At a town hall event in Iowa on Saturday, the congresswoman, who serves as a surrogate for Sen. Bernie Sanders’s (I-VT) presidential campaign, was asked if revenue from legal sales of cannabis and other drugs would be used to fund the senator’s Medicare for All proposal.
While she said the economic benefits of legalization are secondary concerns, she acknowledged that “Colorado is doing a great job of taxing it to fund schools.”
That said, funding large programs such as universal health care would require a diverse financing strategy, Ocasio-Cortez said.
“In terms of financing, I think the financing for our health care program would potentially come from different sources,” she said. “Senator Sanders has outlined how he would pay for Medicare for All.”
“I would just say the financing is a different question,” she said. “But when it comes to decriminalization and legalization, I know that the senator believes in the legalization of marijuana and, frankly, having that part of a decarceral approach” to the criminal justice system.
Listen to the conversation below, starting around 1:45:
“We need to not only have a conversation about decriminalization and a conversation about legalization, but we need to have a conversation about the harm done during the war on drugs,” she said in comments that were first flagged by The Washington Post’s Dave Weigel.
First actual Q for AOC as a Sanders surrogate: Would she legalize drugs to pay for M4A?
"The funding is going to come from a lot of sources," she says, clarifying that Sanders supports legalizing only marijuana and is focused on ending war on drugs.
— Dave Weigel (@daveweigel) January 25, 2020
“It exacerbated the racial wealth gap in America as well,” she said. “But not only that, it tore apart communities, it tore apart families and it was an explicit targeting of black and brown communities that dates back to the Nixon administration.”
“On one hand it’s an economic issue, but much deeper, it’s a justice issue. This is an issue of justice, this is an issue of mass incarceration. The United States has historically incarcerated more people per capita than any other country in the world. We need to live up to our values about what ‘Land of the Free’ means and transitioning to that means dismantling the system of mass incarceration. That’s an incredibly important part of this agenda.”
While Sanders has been a long-standing champion of cannabis reform, his views on broader drug policy proposals diverge from those of his surrogate, who believes that possession of all currently illicit drugs should be decriminalized and federal laws around psychedelics should be loosened to promote research.
Despite being widely regarded as the most progressive candidates in the race, both Sanders and Sen. Elizabeth Warren (D-MA) have so far declined to back comprehensive decriminalization for simple drug possession, a policy changed favored by former South Bend, Indiana Mayor Pete Buttigieg.
Rep. Tulsi Gabbard (D-HI), another 2020 contender, recently said that she’s in favor of legalizing and regulating controlled substances.
Photo courtesy of C-SPAN.
USDA Approves Hemp Plans For Texas, Nebraska And Delaware
The U.S. Department of Agriculture (USDA) announced on Monday that it has approved hemp regulatory plans for three more states and four additional Indian tribes.
This is the latest in a series of approvals that USDA has doled out since the crop and its derivatives were federally legalized under the 2018 Farm Bill. Texas, Nebraska and Delaware—in addition to the Colorado River Indian Tribes, the Fort Belknap Indian Community, the Iowa Tribe of Kansas and Nebraska and the Yurok Tribe—each had their regulatory plans cleared.
“USDA continues to receive and review hemp production plans from states and Indian tribes on an ongoing basis,” the department said in a notice. “Plans previously approved include those for the states of Louisiana, New Jersey, and Ohio, and the Flandreau Santee Sioux, Santa Rosa Cahuilla, and La Jolla Band of Luiseno Indian Tribes.”
While hemp is no longer a federally controlled substance, farmers interested in cultivating and selling the crop must live in a jurisdiction where USDA has approved a proposed regulatory scheme. The process was outlined in an interim final rule USDA published late last year. If a state or tribe does not have, or plan to propose, regulations for hemp, cultivators can apply for a USDA license instead.
“This is a victory for Texas farmers,” Texas Agriculture Commissioner Sid Miller said in a statement. “We are one step closer to giving our ag producers access to this exciting new crop opportunity.”
“We’ve got to get our rules approved and get our licensing program up and running, but the dominoes are dropping pretty quick,” he said. “We’re almost there.”
Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment that “Texas has the potential to be the largest supplier of hemp in the U.S., providing farmers with an unprecedented opportunity.”
“With approval from the USDA and the Texas Department of Agriculture already moving forward with establishing licensing standards, it’s refreshing to see our government paving the way for legal cannabis cultivation in Texas,” Fazio said.
While lawmakers and industry stakeholders have widely celebrated USDA’s commitment to implementing hemp legalization, it has also received a significant amount of pushback over proposed rules such as THC limits and laboratory testing requirements. A public comment period for the department’s interim rule ends on Wednesday.
USDA maintains a website that tracks the status of state and tribal hemp plans.
Monday’s announcement sends another signal to the hemp industry that the federal government is committed to supporting the market and ensuring that farmers have the resources they need to see their businesses thrive since the crop was legalized.
That said, one of the most lucrative market opportunities that hemp farmers are hoping to take advantage of is the widespread interest in hemp-derived CBD products. The Food and Drug Administration (FDA) has jurisdiction over rules for marketing CBD, and the agency has made clear that the process may take several years without congressional action.
Earlier this month, a bipartisan coalition of lawmakers set out to do just that, filing a bill that would require FDA to allow CBD products to be sold as dietary supplements.
Photo courtesy of Brendan Cleak.