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.
This measure calls upon @HouseJudiciary to open an inquiry into AG Barr under the same House rules applied during the #ImpeachmentInquiry into President Trump last year. Congress is a co-equal branch of government and must hold #BillBarr accountable.https://t.co/S0nVTp4K2y
— Steve Cohen (@RepCohen) June 30, 2020
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:
State And Local Marijuana Regulators Demand Congress Prioritize Federal Legalization Bill
A coalition of state and local marijuana regulators sent a letter to House leadership on Wednesday, demanding that they prioritize a marijuana legalization bill that’s expected to get a floor vote following the election.
The letter, which is being supported by the Drug Policy Alliance (DPA), says that regulators “need comprehensive support in their individual and collective efforts to more responsibly and equitably manage challenges and develop solutions associated with cannabis and cannabis policy.”
They said the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act represents a solution, and they urged legislators to vote in favor of it when it comes up for a vote.
Enacting the reform “would ensure that the federal government is a partner to state and municipal regulators both in our collective responsibility to serve our community through the reform of failed cannabis policies and in our collective responsibility to recognize and correct injustices,” they wrote, adding that criminalization has created “widespread” harms that disproportionately impact communities of color.
🚨BREAKING🚨 @DrugPolicyOrg Joins State & Municipal Cannabis Regulators in Calling on Congress to Prioritize Federal Marijuana Reform by Passing #MOREAct 📢 FULL QUOTE from @DPA_ONA Dir. @MaritzaCPerez IN THREAD 👇 https://t.co/NPXrZ6LLK6
— Matt Sutton (@MattSuttonEP) October 21, 2020
“As such, our attempts to eliminate these harms must be systemic and comprehensive and will require collective leadership at every level of government and collaboration amongst both the public and private sectors in order to achieve outcomes by centering equity in cannabis policy development, reform and implementation,” they wrote.
Nine regulators from Los Angeles, Oakland, Portland, Sacramento, San Francisco, Massachusetts and Illinois signed the letter.
“For those of us who manage state and municipal cannabis policies, and for those individuals who have been and continue to be impacted by cannabis policy, the need for comprehensive federal reform is clear and urgent,” the letter states. “Existing federal prohibition policies are antithetical to our collective responsibility to promote policies that are based in science, compassion and harm reduction.”
Leadership initially signaled that a floor vote on the MORE Act would happen in September, but following pushback from certain centrist Democrats who worried about the optics of advancing marijuana reform before another coronavirus relief package, it was postponed until after the election.
Majority Leader Steny Hoyer (D-MD) subsequently made a commitment that the body would bring up the bill sometime “later this autumn.” While advocates were disappointed by the delay, they’re confident the MORE Act will clear the chamber with some bipartisan support when it’s ultimately scheduled for action.
Rep. Don Young (R-AK) said last month that he was “confident” it would pass the House.
Rep. Matt Gaetz (R-FL), the sole GOP cosponsor on the bill, also said that he would be voting “yes” on the MORE Act, though he expressed criticism about a provision that would impose a federal excise tax on marijuana sales to be reinvested in communities most impacted by the drug war, calling them “reparations.”
Rep. Tom McClintock (R-CA) said “I intend to vote yes on the bill” in an interview with Politico.
McClintock, along with Gaetz, voted for the MORE Act when it was marked up by the Judiciary Committee last year.
“These regulators know first-hand the complications of regulating a substance that remains illegal at the federal level and the harms imposed as a result on communities of color and low-income people,” Maritza Perez, director of national affairs at DPA, said in a press release. “They also understand that creating a safe and equitable industry, which the MORE Act does, provides a historic opportunity to begin repairing the extensive damage prohibition has caused over the last 50 years.”
Prior to the vote’s postponement, DPA and more than 120 other civil rights and drug policy reform groups such as the ACLU and NAACP sent a letter to House leadership emphasizing the need to pass the MORE Act to promote social justice.
Read the latest letter from the regulators on cannabis reform below:
Photo courtesy of Brian Shamblen.
Key New Jersey Senate Committee Cancels Marijuana Legalization Hearing On Implementing Referendum
A New Jersey Senate committee announced on Wednesday that it would be taking public testimony on Thursday about how to implement marijuana legalization if voters approve the reform referendum next month—but the panel canceled the event later in the day.
While the legislature decided to leave adult-use legalization up to voters as a ballot measure, legislators must still develop regulations to enact the system—and the temporarily scheduled hearing appeared to be a first step in that process.
The Senate Judiciary Committee was set to “receive public testimony concerning the legislative implementation of Public Question No. 1 on the General Election ballot, which, if approved, would legalize cannabis for personal, non-medical use by adults age 21 years or older,” a notice stated. “Public Question No. 1 would also create a legalized cannabis marketplace overseen by the State’s Cannabis Regulatory Commission.”
Sen. Nicholas Scutari (D), who chairs the committee and previously introduced a legalization bill that did not advance to a floor vote, said earlier this month that he’s been working in recent weeks with the governor’s office and legislative leaders to finalize a detailed enabling bill to implement legal market regulations.
He said the measure, which could be enacted as soon as the first week of November, would look similar to a bill he previously introduced, though he wants to add a retroactive provision to end cannabis-related prosecutions for pending cases.
“This is something about social justice. This is an economic opportunity for New Jersey,” the senator said at the time. “We can be the first state in the Northeast—absent Massachusetts, but in our economic area—to move forward and I want to be a leader in this.”
A staffer with the Office of Legislative Services told Marijuana Moment in an email that “the public hearing scheduled for October, 22, 2020 at 9:30 am has been canceled” and said it was “unknown” if the event will be rescheduled.
In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next month.
A survey released on Tuesday found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.
The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released last week by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.
For his part, Gov. Phil Murphy (D) has been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.
For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.
The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.
“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”
Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.
He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.
The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”
NJ CAN 2020, one of two campaign committees working to pass the cannabis referendum, released a series of English- and Spanish-language video ads last week, after having published one prior ad. Meanwhile, campaign finance records compiled show that legal marijuana supporters are out-raising opponents by a ratio of nearly 130:1.
In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.
This story was updated to reflect the hearing’s cancellation.
Photo courtesy of Mike Latimer.
Virginia Bill To Ban Police Searches Based On Marijuana Smell Gets Governor-Suggested Changes
The governor of Virginia suggested changes on Wednesday to bills that would stop police from searching people or seizing property based solely on the smell of marijuana.
Thankfully for cannabis reform advocates, Gov. Ralph Northam (D) isn’t asking lawmakers to amend the marijuana odor provisions of the broader proposal to reform policies for law enforcement searches. Instead, according to a press release sent by his office, he is suggesting an unrelated change to ensure police “can initiate a traffic stop when an individual is driving at night without the use of both headlights and/or without the use of both break lights.”
The House and Senate will now consider the amendment, thought it’s not clear when they will do so. If the governor’s proposal is adopted by lawmakers without changes, the legislation will be formally enacted without needing his signature. Otherwise, it will come back to his desk for action.
Northam’s move comes one week after he signed separate legislation that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.
Together, when enacted, the two new reforms will build upon the measure to decriminalize cannabis that the governor signed earlier this year, which makes it so possession of up to one ounce of cannabis is punishable by a $25 fine with no threat of jail time and no criminal record.
Under the new search-focused legislation, if enacted, “no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding,” according to a summary.
“Eliminating non-essential interactions based on marijuana odor between law enforcement and otherwise law-abiding citizens is an important step forward for criminal justice reform in Virginia,”Jenn Michelle Pedini, NORML’s development director and the executive director of Virginia NORML, told Marijuana Moment. “However, it is only by legalizing the responsible use of cannabis by adults that the Commonwealth can end its failed experiment with prohibition and begin repairing the decades of damage done to its communities and citizens.”
The Virginia legislature has been especially active on cannabis reform this year. But that said, lawmakers have not been able to reach an agreement during the special session on legislation to provide expungements for prior marijuana convictions that had appeared destined for Northam’s desk after passing either chamber in differing forms.
Under the House-passed measure, eligible convictions would have been automatically expunged after a period of eight years. The Senate’s version, meanwhile, would have allowed people to petition to have their records cleared after a period of five years. The House bill covered more drug crimes, as well.
A conference committee of lawmakers from both chambers was appointed and tasked with ironing out the differences, but the negotiators couldn’t reach a deal by the time the special session’s agenda wrapped up last week.
During the state’s regular legislative session earlier this year, the governor and legislators also expanded Virginia’s limited medical cannabis program in addition to enacting the decriminalization law.
All of these incremental changes come as legislators continue to pursue a broader adult-use legalization plan in the Commonwealth that would include a system of regulated and taxed sales and production.
The decriminalization bill that passed contains a provision that calls for the establishment of a working group to study and make recommendations about adult-use marijuana legalization. That panel is expected to issue its report to the legislature at the end of November.
Meanwhile, the Joint Legislative Audit and Review Committee is doing its own analysis on ending cannabis prohibition and will similarly report on its findings before the end of the year.
A bill to legalize marijuana possession was filed for the special session by a delegate running to replace the term-limited Northam in 2021, but it did not advance out of the committee to which it was referred.
Photo courtesy of Martin Alonso.