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Biden DOJ Pick Claims She ‘Never’ Advocated Decriminalizing Drugs Even Though She Wrote An Op-Ed On It

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President Joe Biden’s pick for a top Justice Department position says she has never advocated for decriminalizing all drugs—except for that time when she advocated for decriminalizing possession of all drugs. Confusion over her position on this issue is one reason several GOP senators unsuccessfully tried to delay her nomination from advancing last week.

In written responses to members of the Senate Judiciary Committee, which took a tie vote on sending her name to the floor on Thursday, associate attorney general nominee Vanita Gupta was repeatedly pressed on her drug policy views, particularly where she stands on broad decriminalization.

Members like John Cornyn (R-TX) have also questioned the nominee’s stock holdings in Avantor, a company that manufactures a chemical product that’s been linked to heroin production.

“I have never advocated for the decriminalization of all drugs, and I do not support the decriminalization of all drugs,” Gupta said. “In 2012, I coauthored an article that advocated for states to decriminalize and defelonize simple possession of all drugs, particularly marijuana, and for small amounts of other drugs.'”

Gupta—who has worked in the Justice Department during the Obama administration in addition to serving in top positions at the ACLU, NAACP and the Leadership Conference on Civil and Human Rights—seems to be downplaying her former position on decriminalization by making a distinction between supporting decriminalizing possession, which she did, and legalizing drugs.

But that’s a misleading distinction, as advocates generally define decriminalization as applying to possession and do not use the term to refer to allowing sales of currently illicit substances. In other words, by the most commonly accepted definition, Gupta did back decriminalizing all drugs.

Despite saying she never has, the nominee also said in written testimony that while “my position on these issues has evolved, because of my experience working at the Department of Justice and an experience with addiction in my own family, I have never communicated or believed that all drugs should be legal.”

This kind of backpedaling in response to questioning from GOP senators, which also occurred during her in-person confirmation hearing earlier this month, has frustrated reform advocates who’d hoped to have an ally in the Justice Department who could help move the agency to be less punitive in its drug enforcement approach.

“We are in the midst of an overdose crisis that requires audacious leadership and a commitment to evidence-based public health solutions,” Queen Adesuyi, policy manager of national affairs at the Drug Policy Alliance, told Marijuana Moment. “Fifty years of a failed drug war should be more than enough to convince policymakers and government leaders that we need to pave a new path on drug policy—one that is based in public health rather than addressed through a criminal justice lens.”

“A common-sense policy solution that can begin to do away with many of the harms associated with the drug war is eliminating criminal penalties for personal possession,” she said. “Now is not the time to shy away from bold drug policy reform.”

That said, Gupta has stated she continues to support decriminalizing cannabis and making other drug policy reforms.

“Substance use disorder is both a public health problem and a law enforcement problem. President Biden has supported decriminalization of marijuana and ending incarceration for drug use, and I support these policies,” she said in written responses to senators’ questions. “If confirmed as Associate Attorney General, I will enforce all federal laws, and I will work with the Attorney General and Deputy Attorney General to protect communities from the harmful effects of drugs.”

Typically for drug reform advocates, the messaging around substance issues is that they should be treated within the framework of public health, rather than “enforcement” or criminalization. That has historically been Gupta’s stated position as she’s worked for advocacy groups like the ACLU and Leadership Conference on Civil and Human Rights—but she’s since become quick to couple the approaches by saying drugs are both a health and law enforcement issue.

Gupta faced drug policy-related questions from Judiciary Committee Ranking Member Chuck Grassley (R-IA), Cornyn and Sens. Josh Hawley (R-MO) and Ted Cruz (R-TX).

All four of those senators and other GOP members of the Judiciary Committee sent a letter to panel Chairman Dick Durbin (D-IL) last week that called for a second confirmation hearing for Gupta, in part because they felt that the nominee made “misleading statements” about her position on decriminalization.

They wrote that Gupta “was no more forthcoming” in her written responses and in “some cases, she doubled down on her misleading statements from the hearing, and in other she refused to answer altogether.”

Speaking on the Senate floor on Wednesday, Cornyn made the case that Gupta’s stock holdings into Avantor represent a conflict of interest if she were to move forward as the assistant attorney general. The company produces a chemical that has been connected to the illicit manufacturing of heroin in Mexico, though it pulled the product from that market last year.

“Without this chemical, it’s virtually impossible to transform opium from a poppy seed into the more lethal drug of heroin,” Cornyn said. “The nominee for the third highest-ranking position at the Department of Justice has profited to the tune of millions of dollars from Avantor stock.”

“If confirmed, she would oversee the Civil Division, which will make major decisions about who will be investigated, who will be charged and who will face punishment,” he added. “Some of those potential targets include opioid companies, drug manufacturers, or perhaps even companies that are diverting precursor chemicals to the cartels.”

Because the vote on her confirmation was split, Senate Majority Leader Chuck Schumer (D-NY) will have to schedule a “discharge” vote in order to bring her nomination to the floor.

While advocates might be frustrated over Gupta’s comments on drug decriminalization, there has been some enthusiasm over her would-be boss’s recent remarks during his own confirmation hearing. Attorney General Merrick Garland made clear during his oral and written testimony that he does not feel the Justice Department should use its resources to go after people acting in compliance with state marijuana laws.

New York Marijuana Legalization Bill Is Officially Released, With Votes Planned Within Days

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Illinois Will ‘Blow Past’ $1 Billion In Legal Marijuana Sales In 2021, Chamber Of Commerce President Says

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“Are we going to get to a billion dollars? I think we’re going to blow past the billion dollars based on the experience in smaller states,” the Chamber leader said.

By Elyse Kelly, The Center Square

Illinois’s cannabis industry is growing up fast, with adult-use recreational cannabis sales expected to hit $1 billion by year-end.

In March alone, Illinoisans spent $110 million on recreational marijuana.

Todd Maisch, president and CEO of the Illinois Chamber of Commerce, said one factor contributing to Illinois’ explosive growth is that most neighboring states haven’t legalized marijuana yet.

“What we saw early on in states like Washington and Colorado is they did have demand come in from surrounding states, which frankly benefits our industry and benefits the taxes collected,” Maisch said.

Cannabis sales have already surpassed alcohol’s tax revenues for the state, and Maisch said he thinks $1 billion estimates are conservative.

“Are we going to get to a billion dollars? I think we’re going to blow past the billion dollars based on the experience in smaller states,” Maisch said.

There are only a couple of things that could stop Illinois’ explosive cannabis market growth, Maisch said. He said that policymakers could ruin things by pushing taxes too high as evidenced by the tobacco market.

“As taxes have gone up and up and up, they’ve pushed people all the way into the black market or they’ve created this grey market in which people are ostensibly paying some of the taxes, but they’re still getting sources of tobacco products that avoid much of the tax,” Maisch said.

The other thing that could head off continued growth is other states opening up recreational-use markets.

“So if you start to see surrounding states go to recreational, that’s definitely going to flatten the curve because we’re not going to be pulling in demand from other states,” Maisch said.

Maisch points out some concerns that accompany the explosion of Illinois’s recreational cannabis market including workforce preparedness.

“All of those individuals who are deciding to go ahead and consume this product are really taking themselves out of a lot of job opportunities that they would otherwise be qualified, so there’s a real upside and a downside,” Maisch said.

While it’s easy to track the revenues this industry brings into state coffers, he points out, it will be harder to track the lack of productivity and qualified individuals to operate heavy machinery and other jobs that require employees to pass a drug test.

This story was first published by The Center Square.

DEA Finally Ready To End Federal Marijuana Research Monopoly, Agency Notifies Grower Applicants

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DEA Finally Ready To End Federal Marijuana Research Monopoly, Agency Notifies Grower Applicants

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The Drug Enforcement Administration (DEA) on Friday notified several companies that it is moving toward approving their applications to become federally authorized marijuana manufacturers for research purposes.

This is a significant development—and one of the first cannabis-related moves to come out of the Biden administration. There is currently a monopoly on federal cannabis cultivation, with the University of Mississippi having operated the only approved facility for the past half-century.

It was almost five years ago that DEA under President Barack Obama first announced that it was accepting applications for additional manufacturers. No approvals were made during the Trump administration. And the delay in getting acceptances has led to frustration—and in some cases, lawsuits—among applicants.

But on Friday, organizations including the Biopharmaceutical Research Company (BRC), Scottsdale Research Institute (SRI) and Groff NA Hemplex LLC were notified by the agency that their requests were conditionally accepted.

“DEA is nearing the end of its review of certain marijuana grower applications, thereby allowing it to soon register additional entities authorized to produce marijuana for research purposes,” DEA said. “Pending final approval, DEA has determined, based on currently available information, that a number of manufacturers’ applications to cultivate marijuana for research needs in the United States appears to be consistent with applicable legal standards and relevant laws. DEA has, therefore, provided a Memorandum of Agreement (MOA) to these manufacturers as the next step in the approval process.”

The Wall Street Journal first reported on the move, and it’s unclear just how many organizations have received a DEA communication so far.

Matt Zorn, who has represented SRI in a suit against DEA over the processing delays, told Marijuana Moment that the agency explained that it is “moving forward” with the facility’s application and that it appears to be “consistent with public interest” to give the institute the ability to grow marijuana for study purposes.

SRI’s Dr. Sue Sisley is in a process of completing a memorandum of agreement that DEA requested “so that it can be executed and official,” according to a press release.

BRC CEO George Hodgin said in another press release that after being finalized, “this federal license will forever change the trajectory of our business and the medicinal cannabis industry.”

“The DEA’s leadership will set off a nationwide wave of innovative cannabis-derived treatments, unlock valuable intellectual property and create high quality American jobs,” he said. “The BRC team is already familiar with DEA compliance procedures based on our extensive history of controlled substances activity, and our world class staff is ready to hit the ground running on this new business arm that the DEA has authorized.”

DEA said it has presented applicants that appear to meet legal requirements “with an MOA outlining the means by which the applicant and DEA will work together to facilitate the production, storage, packaging, and distribution of marijuana under the new regulations as well as other applicable legal standards and relevant laws.”

“To the extent these MOAs are finalized, DEA anticipates issuing DEA registrations to these manufacturers,” the agency said. “Each applicant will then be authorized to cultivate marijuana—up to its allotted quota—in support of the more than 575 DEA-licensed researchers across the nation.”

DEA said it “will continue to prioritize efforts to evaluate the remaining applications for registration and expects additional approvals in the future” and will publicly post information about approvals as they are finalized.

Following a 2019 suit against DEA by SRI, a court mandated that the agency take steps to process the cultivation license applications, and that legal challenge was dropped after DEA provided a status update.

That suit argued that the marijuana grown at the University of Mississippi is of poor quality, does not reflect the diversity of products available on the commercial market and is therefore inadequate for clinical studies.

That’s also a point that several policymakers have made, and it’s bolstered by research demonstrating that the federal government’s cannabis is genetically closer to hemp than marijuana that consumers can obtain in state-legal markets.

Last year, DEA finally unveiled a revised rule change proposal that it said was necessary to move forward with licensing approvals due to the high volume of applicants and to address potential complications related to international treaties to which the U.S. is a party.

SRI filed another suit against DEA in March, claiming that the agency used a “secret” document to justify its delay of approving manufacturer applications. And that was born out when the Justice Department Office of Legal Counsel document was released last year as part of a settlement in the case, revealing, among other things, that the agency feels that its current licensing structure for cannabis cultivation has been in violation of international treaties for decades.

Mississippi Supreme Court Overturns Medical Marijuana Legalization Ballot That Voters Approved

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Mississippi Supreme Court Overturns Medical Marijuana Legalization Ballot That Voters Approved

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A voter-approved initiative to legalize medical marijuana in Mississippi has been overturned by the state Supreme Court.

On Friday, the court ruled in favor of a Mississippi mayor who filed a legal challenge against the 2020 measure, nullifying its certification by the Secretary of State. The lawsuit was unrelated to the merits of the reform proposal itself, but plaintiffs argued that the constitutional amendment violated procedural rules for placing measures on the ballot.

While the court acknowledged that a “strong, if not overwhelming, majority of voters of Mississippi approved Initiative 65” to legalize medical cannabis in the state, Madison Mayor Mary Hawkins Butler’s (R) petition was valid for statutory reasons.

Madison’s challenge cites a state law stipulating that “signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.

The secretary of state and other officials pushed back against the lawsuit and argued that a plain reading of the state Constitution makes it clear that the intention of the district-based requirement was to ensure that signatures were collected in a geographically dispersed manner—and the result of the campaign met that standard.

But in the court’s 6-3 ruling released on Friday, the justices said that their hands were tied. The legislature or administration might be able to fix the procedural ballot issue, but it had to follow the letter of the law.

“We find ourselves presented with the question squarely before us and nowhere to turn but to its answer,” the decision states. “Remaining mindful of both the November 3, 2020 election results and the clear language in section 273 seeking to preserve the right of the people to enact changes to their Constitution, we nonetheless must hold that the text of section 273 fails to account for the possibility that has become reality in Mississippi.”

In sum, a Census-driven change in the number of congressional districts in Mississippi “did, indeed, break section 273 so that, absent amendment, it no longer functions,” meaning there’s no legal way to pass a constitutional ballot initiative in the state.

“Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot-initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court.”

“We grant the petition, reverse the Secretary of State’s certification of Initiative 65, and hold that any subsequent proceedings on it are void,” the court ruled.

One justice who dissented said that the district-based requirement is arbitrary as it concerns Mississippi elections. While the federal government defines the state as having four congressional districts, the state Constitution “lays out the five districts,” and “there have been zero changes to the five districts” as far as the state’s laws are concerned.

In any case, this marks a major defeat for cannabis reform activists in the state who collected more than 214,000 signatures for their initiative. Sixty-eight percent of voters approved a general ballot question on whether to allow medical cannabis, and 74 percent signed off on advocates’ specific measure in a separate question.

“The Mississippi Supreme Court just overturned the will of the people of Mississippi,” Ken Newburger, executive director for the Mississippi Medical Marijuana Association, said in a press release. “Patients will now continue the suffering that so many Mississippians voted to end. The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people’s constitutional right.”

“It’s a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn’t matter,” he said.

Under the voter-approved initiative, patients with debilitating medical issues would have been allowed to legally obtain marijuana after getting a doctor’s recommendation. The proposal included 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would have been able to possess up to 2.5 ounces of marijuana per 14-day period.

There was an attempt in the legislature to pass a bill to legalize medical marijuana in the event that the court overruled the voter-approved initiative, but it failed to be enacted by the session’s end.

The Mississippi State Department of Health told WJTV that it will cease work on developing medical cannabis regulations in light of the court ruling.

“However, the agency has certainly learned a lot in the process of putting together a successful medical marijuana program, and we stand ready to help the legislature if it creates a statutory program,” Liz Sharlot, director of the Office of Communications for the department, said.

This is the latest state Supreme Court setback to affect cannabis reform efforts.

Last month, the Florida Supreme Court dealt a critical blow to marijuana activists working to legalize marijuana in the state—killing an initiative that hundreds of thousands of voters have already signed and forcing them to start all over again if they want to make the 2022 ballot.

While a Nebraska campaign collected enough signatures to qualify a reform initiative in 2020, the state Supreme Court shut it down following a legal challenge. It determined that the measure violated the state’s single-subject rule, much to the disappointment of advocates.

In South Dakota, the fate of an adult-use legalization initiative that voters approved last November is also in the hands of the state’s Supreme Court, where a sheriff is challenging its constitutionality based on a single subject rule as well.

Opponents to a Montana marijuana legalization measure that was approved by voters have also filed lawsuits contesting the voter-approved initiative for procedural reasons, arguing that its allocation of revenue violates the state Constitution. While the state Supreme Court declined to hear the case last year, it did not rule on the merits and left the door open to pursuing the case in district and appeals court, which plaintiffs then pursued.

Read the Mississippi Supreme Court ruling on the medical cannabis initiative below: 

Mississippi Supreme Court m… by Marijuana Moment

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