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Attorney General’s Marijuana Merger Investigations Could Get Him Impeached Under New Resolution

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Three dozen members of the House of Representatives introduced a resolution on Tuesday calling for an inquiry into the possible impeachment of Attorney General William Barr because he “abused the power of his office” to improperly investigate marijuana businesses and allegedly engaged in other unlawful conduct.

The resolution, which is being led by Rep. Steve Cohen (D-TN), states that the attorney general “has taken deliberate actions that violate the rights of the American people, assault the principle of impartial administration of justice, and undermine the constitutional structure of separation of powers across three co-equal branches of Government.”

It says that Barr “abused the power of his office to initiate pretextual antitrust investigations into ‘unpopular’ American corporations in the cannabis, automobile, and technology industries.”

That allegation comes from a Justice Department whistleblower who publicly revealed this month that 10 antitrust investigations targeting cannabis companies were launched at the direction of the attorney general, who was said to have made the decision based on his personal animus for the industry.

“He’s using antitrust not for the purpose of helping consumers and businesses that might be disadvantaged by monopoly, but doing it as a vehicle for his social policies, which is unheard of,” Cohen told Marijuana Moment in a phone interview, referring to the attorney general.

The whistleblower didn’t see “any practices that are antitrust in nature, but they said the problem was on the fifth floor, which is where Barr’s office resides and apparently he doesn’t like marijuana so he went after them,” the lawmaker said.

At a House Judiciary Committee hearing last week, the whistleblower argued that there wasn’t an appropriate basis for the investigations, which at one point accounted for one-third of Justice Department Antitrust Division cases.

The department’s Office of Professional Responsibility, to which the complaint was referred, ultimately concluded that no rules had been violated in ordering the investigations, regardless of the allegation about Barr’s prejudice. That said, the matter is also separately being looked into by the inspector general, according to a June memo.

“I think it’s just unfortunate what they’re doing,” Cohen said of the memo.

While the new resolution states that other unrelated “investigations misused the resources Congress appropriated for the Department of Justice to harass and intimidate companies based on President Donald J. Trump’s whims and without a proper legal predicate for such investigations,” the whistleblower specified that the marijuana-specific inquiries were connected to Barr’s alleged bias, not the president’s.

However, he did make clear that department resources were wasted and questioned the factual basis for the investigations. All told, across six of the 10 investigations for which data are available, 5,965,000 documents were produced by the cannabis companies under inquiry. A small fraction were actually reviewed by Justice Department personnel.

“Attorney General Barr has undermined our judicial system and perverted the rule of law,” Cohen said in a press release. “Barr obstructs justice by favoring the President’s friends and political allies. He abuses his power by using the Department of Justice to harass, intimidate and attack disfavored Americans and the President’s political opponents. My oath to support and defend the Constitution compels me to confront this corruption.”

He and the measure’s 35 cosponsors are asking for the Judiciary Committee to explore the potential for impeachment proceedings for the attorney general. Those cosponsors include Reps. Earl Blumenauer (D-OR), Ted Lieu (D-CA), Ed Perlmutter (D-CO), Eric Swalwell (D-CA) and Maxine Waters (D-CA).

“It is outrageous that Attorney General Barr has allegedly politicized the Justice Department while continuing to put his own personal beliefs before those of the American people,” Blumenauer said in a press release. “His egregious disregard for his oath to serve without bias warrants an investigation into his misconduct, at the very least. I’m going to continue working with my colleagues in Congress to hold him accountable. America deserves better than this corrupt administration.”

Of course, the marijuana allegations represent just one part of a broader rationale for a congressional inquiry. The lawmakers also criticized the nation’s top law enforcement official for his role in directing the disassembly of protestors in Washington, D.C., his move to clear former National Security Advisor Michael Flynn of criminal charges and the controversial firing on a federal judge, among other matters.

Cohen also talked to Marijuana Moment about a point he made during last week’s Judiciary Committee hearing on the Barr allegations about how cannabis criminalization fosters distrust between communities of color and police, as black and brown people are significantly more likely to be arrested for a marijuana offense compared to white people despite comparable rates of consumption.

“It’s a street crime. There are dealers, but most individuals get busted on the street smoking a joint and that’s when police and African Americans come in contact,” he said. “African Americans are anywhere from six or seven to 10 times as likely to get arrested for smoking marijuana as caucasians, and yet there’s no indication that they necessarily smoke at any greater numbers. It’s a breeding ground for this discontent because anybody that gets busted for smoking marijuana is going to have a chip on their shoulder towards the law enforcement, towards society and towards the structure, the establishment, that allows such to happen.”

Advocates and lawmakers have made similar arguments in recent weeks as Congress has debated policing reform amid the civil unrest that’s emanated from recent police killings of black Americans. They’ve said that policing reform should be coupled with a conversation about changing marijuana policies to mitigate unnecessary law enforcement interactions.

The congressman said the issue reminds him of the 1995 song “Ain’t Hurtin’ Nobody” by John Prime.

“When I hear that song, I kind of think about people smoking marijuana,” he said. “‘Ain’t hurtin’ nobody, ain’t hurtin’ no one.'”

While no lawmakers ultimately filed cannabis amendments to the House-passed policing bill, there’s still time left in this Congress to take up standalone marijuana legislation. Cohen said it’s “possible” the House will take up the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act before the end of session, but he raised doubts about its prospects in the Senate.

“It’s certainly gotten to be more bipartisan in the House,” he said. “The Senate is a little slower to respond on some of these things, and this is one where they’ve been slower to respond. And [Senate Majority Leader Mitch McConnell (R-KY)] is good on hemp, but that’s about as far as he goes.”

Read the text of the resolution to launch in impeachment inquiry into the attorney general below: 

Barr Resolution by Marijuana Moment on Scribd

Bipartisan Senators File Marijuana And CBD Research Amendment To Defense Spending Bill

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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Former GOP House Speaker John Boehner Says He’s Open To Using Marijuana

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Former Republican House Speaker John Boehner, who joined the marijuana industry in a consulting capacity after leaving office, says he’s not yet a cannabis consumer himself—but he’s open to changing that.

In a new behind-the-scenes book that he released on Tuesday and in an interview with CBS, Boehner briefly discussed his own recreational drug preferences. He told the news station that “I drink red wine” but “if somebody wants to smoke a joint or eat a gummy, that’s really none of my business.”

The former congressional leader isn’t a marijuana consumer, however, despite joining the board of the major cannabis company Acreage Holdings in 2018. That move drew sharp criticism from reform advocates who quickly pointed out that Boehner declined to push for any sort of policy change while in power but is now profiting off the industry.

CBS News reporter John Dickerson asked Boehner if he did any “first-hand research” to inform his shift in thinking about the medical potential of cannabis.

“No, I’m not a cannabis user,” he said.

“But you’re not ruling it out for yourself?” Dickerson asked.

“Hey, tomorrow is tomorrow,” Boehner joked. “Who knows?”

Watch Boehner discuss marijuana policy, around 7:50 into the video below: 

The former speaker more seriously expressed openness to smoking cannabis in the new book, “On The House: A Washington Memoir.”

In a chapter entitled “Smoke-Filled Rooms,” Boehner first discusses his well-known cigarette habit and then writes about how he ended up finding himself “in a very different sector of the smoking community when I joined the board of Acreage Holdings, a cannabis company.”

“But now, some people don’t believe me when I tell them I’ve never smoked a joint,” he said. “But I haven’t. I’m not ruling it out though.”

The former speaker’s entrance into the marijuana industry hasn’t been without controversy. Advocates have complained about his inaction on the issue while in office and opponents of legalization have accused him of being an opportunist who represents a profit-minded side of the market.

In 2019, social equity-focused cannabis advocates protested a keynote speech Boehner delivered at the festival South by Southwest.

The Equity First Alliance, a group that promotes racial and social justice in the cannabis industry, said that Boehner’s appearances at the event was a reflection of an ongoing trend where mostly white men are profiting off a market while people of color continue to disproportionately face criminalization for marijuana offenses.

On the flip side, Fox News personality Tucker Carlson said last year that “John Boehner is like a marijuana lobbyist now” and he takes “a paycheck getting your kids to smoke more weed.” The controversial host called the former speaker “disgusting” for his work in the cannabis space.

Illinois Gets More Tax Revenue From Marijuana Than Alcohol, State Says

Photo courtesy of Gage Skidmore.

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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Sixth Minnesota House Committee Approves Marijuana Legalization Bill On Its Path To The Floor

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A bill to legalize marijuana in Minnesota is going through a thorough vetting process, with a sixth House committee on Wednesday giving the reform proposal a green light following a hearing.

House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the measure in February. It would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.

Days after a separate panel approved the legislation with amendments, the House Judiciary Finance and Civil Law Committee passed it in a 9-7 vote.

“The purpose of House File 600 is to eliminate the harm that cannabis has in our society,” Winkler said of the bill at the hearing. “The primary harm that cannabis poses in Minnesota is the prohibition and criminal enforcement of cannabis.”

“The goal of House File 600 is to shift in a legal marketplace that is policed and over-policed disproportionately and instead to create a policy of repair, an opportunity for those most adversely affected by the war on drugs,” he said.

The House Environment and Natural Resources Finance and Policy Committee was the last body to approve the bill, on Monday, and members there adopted a number of changes to the proposal. For example, it now stipulates that members of a cannabis advisory council established under the bill could not serve as lobbyists while on the panel and for two years after they end their service.

Before that hearing, the House Agriculture Finance and Policy Committee, the Workforce and Business Development Finance and Policy Committee, the Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and the Commerce Finance and Policy Committee each advanced the measure.

Its next stop is the State Government Finance and Elections Committee.

Winkler recently said that he expects the legislation to go through any remaining panels by the end of April, with a floor vote anticipated in May.


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Still, even if the legislation does make it all the way through the House, it’s expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have signaled that they’re more interested in revising the state’s existing medical cannabis program than enacting legalization of adult use.

After the New York legislature approved a recreational cannabis legalization bill—which the governor promptly signed into law—Winkler said that Minnesota is “falling behind a national movement towards progress.”

“MN has some of the worst criminal justice disparities in the country, and legalizing cannabis & expunging convictions is a first step towards fixing that,” he tweeted.

The majority leader’s bill as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the legislation, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.

Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.

The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.

People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.

Cannabis retails sales would launch on December 31, 2022.

Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen.

The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

Alabama Medical Marijuana Bill Moves Closer To Floor Vote With House Committee Action

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Alabama Medical Marijuana Bill Moves Closer To Floor Vote With House Committee Action

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An Alabama House committee on Wednesday amended a medical marijuana legalization bill that already passed the Senate. Members also took public testimony in advance of an expected Thursday vote to send the revised legislation to the House floor.

This hearing of the House Health Committee comes one week after a separate panel in the body amended and cleared the bill.

Sponsored by Sen. Tim Melson (R), the legislation would allow people with qualifying conditions to access cannabis for therapeutic purposes. The full Senate approved the bill last month.

“I just want to take [cannabis] to the patients that need it. I want to see people get relief,” the senator said at the meeting. He also made the case that allowing legal access can mitigate opioid overdose deaths.

Melson is the same lawmaker who sponsored similar legislation that was approved by the full Senate last year but which later died without any House votes amid the coronavirus pandemic.

This latest proposal would establish an Alabama Medical Cannabis Commission to implement regulations and oversee licensing.

To qualify for the program, patients would have to be diagnosed with one of about 20 conditions, including anxiety, sleep disorders, post-traumatic stress disorder and intractable pain. Regulators would not be able to independently add additional conditions, leaving that decision up to lawmakers.

The House Judiciary Committee approved 10 amendments to the legislation during last week’s hearing. For example, members agreed to scrap provisions providing reciprocity for out-of-state patients and reducing the percentage of marijuana tax revenue that would go to cannabis research from 30 to 15 percent.

Those amendments were integrated into a new substitute version of the bill adopted by the Health panel, with additional revisions such as removing anxiety and adding depression and Parkinson’s disease as qualifying conditions for medical cannabis. The committee voted to accept the substitute version for consideration before going into testimony.

Time was evenly divided between supporters and opponents. By and large, the conversation revolved around personal anecdotes about the medical benefits and risks of marijuana.

More amendments were added following the testimony. One change would add an annual registration fee for physicians who recommend cannabis. Another would give the state attorney general’s office access to a patient registry database.


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Members further approved an amendment to remove fibromyalgia and menopause from the list of qualifying conditions and another to expand the number of institutions that are eligible for grants to research marijuana. A revision to develop a uniform flavor for all cannabis products was also accepted.

Additionally, an amendment was approved to require dispensaries to have 24-hour security cameras operating in their facilities. These changes are all being added to a new substitute that the panel will take up and vote on Thursday.

Because the proposal has been amended, it would go back to the Senate for final consideration if it’s passed in the House before being sent to the governor’s desk.

Advocates say they’re encouraged that medical cannabis reform is advancing in Alabama, but they’ve raised concerns about a number of aspects of the bill.

One problematic provision, advocates say, is that patients with chronic or intractable pain could only be recommended medical marijuana in cases where “conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective.”

The bill also prohibits raw cannabis, smoking, vaping and candy or baked good products. Patients would instead be allowed to purchase capsules, lozenges, oils, suppositories and topical patches.

Patients would be allowed to purchase and possess up to “70 daily dosages of medical cannabis.” Under an amendment approved on the Senate floor, the maximum daily dose was reduced from 75 to 50 milligrams. However, the amendment’s sponsor said it could be increased to 75 milligrams in some circumstances.

The revision also calls for a label on marijuana products to indicate that cannabis can cause drowsiness.

It also calls for a nine percent gross proceeds tax on medical marijuana sales.

Patients, caregivers and and medical cannabis businesses would receive legal protections under the proposal, preventing them from being penalized for activities authorized by the state.

For physicians to be able to recommend cannabis to patients, they would have to complete a four-hour continuing education course and pass an exam. The course would cost upwards of $500 and doctors would also be required to take refresher classes every two years.

Under the bill, regulators would be tasked with developing restrictions on advertising and setting quality control standards. Seed-to-sale tracking and laboratory testing would be mandated.

Other changes approved in the Senate would add language to stipulate that gelatinous cannabis products cannot be sugar coated and insert provisions promoting good manufacturing practices and tamper-evident packaging.

Applications for cannabis business licenses would have to be accepted starting September 1, 2022 and then proceeded within 60 days.

The commission would be required to approve at least four cultivators, up to four processors, up to four dispensaries for the first year of implementation (more could be approved after that point depending on demand) and as many as five vertically integrated operators.

This bill’s reintroduction has been greatly anticipated by advocates. The Senate approved a separate medical cannabis bill in 2019, but the House later severely compromised it. The legislation as enacted would not have legalized patient access; rather, it set up a study commission to explore the issue and make recommendations.

The commission came back with its report in December 2019, with members recommending that medical marijuana be legalized.

There could be additional pressure on the legislature to enact legalization given that voters in neighboring Mississippi approved a medical cannabis reform initiative during the November election.

Separately, the Alabama Senate Judiciary Committee approved a bill last month to decriminalize possession of up to two ounces of cannabis, making it punishable by a $250 fine without the threat of jail time.

Majority Of Connecticut Residents Back Marijuana Legalization And Expungements, Poll Finds As Reform Bills Advance

Photo courtesy of Philip Steffan.

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