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Biden Pick For Top Justice Department Role Backpedals On Decriminalizing Drugs

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Drug policy advocates were encouraged when President Joe Biden nominated a civil rights activist with a history of supporting policies like marijuana legalization and broad decriminalization of other substances to a top Justice Department role. But they were sorely disappointed this week when she backpedaled on the issue—saying she’s “not too proud to admit” the policy shift—when questioned by GOP senators at her confirmation hearing.

Vanita 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—was selected by Biden to serve as assistant attorney general. The news was celebrated by advocates who felt that having someone with that background and who has promoted progressive drug policies could translate into administrative reform.

But when pressed on her stance on drug decriminalization by three Republican members of the Senate Judiciary Committee on Tuesday, Gupta said she no longer supports the policy. She did say in response to other Democratic senators, however, that she still believes racial disparities in marijuana enforcement are a national problem and there should be alternatives to incarceration for low-level drug offenders.

“Is it true that you advocate decriminalization of all drugs?” Sen. John Cornyn (R-TX) asked.

“No, senator, I do not,” she replied.

But that was far from the only time at the hearing that Gupta would be asked about her former support for the reform. Cornyn followed up to clarify, based on a questionnaire she submitted to the committee, what her position is today on decriminalization.

“Senator, I have advocated—as I believe President Biden has—for decriminalization of marijuana possession,” she said. “I believe that substance use disorder is both an enforcement problem and a public health problem, but I do not support decriminalization 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 aligned herself with advocacy groups like the ACLU and Leadership Conference—but during the hearing, she was quick to couple the approaches.

“Given her robust civil rights record, it is very disappointing to hear Vanita Gupta changed her mind from supporting drug decriminalization,” Maritza Perez, director of national affairs at the Drug Policy Alliance, told Marijuana Moment. “This is a civil rights issue.”

“We know people of color and other marginalized individuals bear the brunt of drug enforcement. We know that the war on drugs has failed by every measure. We know that jails, prisons, and the criminal justice system exacerbate harm in communities of color. We also know what works: investment in harm reduction tools and services,” she said. “As a leader in the Department of Justice and in the civil rights community, Vanita will have an opportunity to influence this country’s course on drug policy.”

“We encourage her to reach out to directly impacted individuals and advocates to discuss why drug policy must be grounded in harm reduction and public health,” Perez added. “What is clear from today’s hearing is that it is our job as advocates to change her mind back to supporting all drug decriminalization.”

Sen. Tom Cotton (R-AR) reminded the nominee of a 2012 op-ed that she wrote for The Huffington Post, advocating for the decriminalization of simple possession and argued that her response to Cornyn was misleading.

“Senator, I was not misleading. I was speaking for my position today after having been at the Justice Department, after having family members and experiences inform my thinking on this,” Gupta replied. “I do not support the decriminalization of all drugs. I have spoken about substance use issues and drug possession and substance use disorders as both a public health problem and an enforcement problem. I continue to believe that very much.”

And again, in response to Sen. Josh Hawley (R-MO), she said:

“That was a prior position. I am very clear that I do not support decriminalization of all drugs. There are many drugs that are having a devastating impact on and ravaging communities, and I believe, however, that substance use disorder is both a public health problem and an enforcement problem and that it is important to treat those things as such. But I don’t support decriminalization of drugs.”

Asked in a follow up question from Cornyn about the reason she’s shifted positions, she reiterated that it was “through the course of both working at the Justice Department, as well as experiences that my family has had related to these issues.”

“My family like probably every family, or too many families, in America has experienced the ravages of opioid addiction and the impact of that, and so that evolution has happened,” she said. “I’m not too proud to admit that evolution, but that is the explanation behind the statement.”

When it was hi turn to question the nominee, Sen. Cory Booker (D-NJ) didn’t bring up the broader drug decriminalization issue, but he did briefly mention racial disparities in marijuana arrests during his questioning in the confirmation hearing. The senator asked if those disparities serve as an example of systemic problem in the nation’s criminal justice system, and Gupta agreed that “that’s right.”

Later in the meeting, Sen. Amy Klobuchar (D-MN) talked about substance use disorders and the need to give people alternatives to incarceration.

“Senator, President Biden has also spoken about the importance of alternatives to incarceration for people with substance use disorders,” Gupta replied. “It is something that I have spent my life working on to ensure that there’s available community-based drug courts, drug treatment facilities and I think that would be a shared priority for the Justice Department.”

The nominee was not specifically asked during the hearing whether her position on marijuana legalization has changed to align with Biden’s opposition. She seemed to signal that, like Biden, she backs decriminalizing cannabis on its own, but she didn’t proactively offer up any stance on the broader reform, despite having strongly advocated for legalization, including a bill touted by advocates that cleared the House last year.

That legislation—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—was sponsored by Vice President Kamala Harris during her time in the Senate. And coincidentally, while Harris dedicated significant energy toward advocating for legalization as a lawmaker and presidential candidate, she’s dialed back her rhetoric since joining the Biden administration, calling for decriminalization instead.

Bloomberg reported recently that an aide Harris’s team said her “positions are now the same as Biden’s” when it comes to marijuana, signaling that, like the president, she no longer supports legalization. Biden is in favor of medical cannabis reform, modest rescheduling, expunging prior marijuana convictions and letting states set their own policies—but he’s maintained firm opposition to adult-use legalization.

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.

Rhode Island Senate Leaders Unveil Marijuana Legalization Bill As Governor Prepares Competing Plan

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

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Top IRS Official Says Marijuana Banking Reform Would Help Feds ‘Get Paid’

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The Internal Revenue Service (IRS) would like to get paid—and it’d help if the marijuana industry had access to banks like companies in other legal markets, an official with the federal department said. She also talked about unique issues related to federal tax deductions for cannabis businesses.

At an event hosted by UCLA’s Annual Tax Controversy Institute on Thursday, IRS’s Cassidy Collins talked about the “special type of collection challenge” that the agency faces when it comes to working with cannabis businesses while the product remains federally illegal.

While IRS isn’t taking a stand on federal marijuana policy, Collins said that the status quo leaves many cannabis businesses operating on a cash-only basis, creating complications for the agency, in part by making it harder for banks to “pay us.”

“The reason why [the marijuana industry is] cash intensive is twofold,” she said. “Number one, a lot of customers don’t want a paper trail showing that they’re buying marijuana, and number two, the hesitancy of banks to allow marijuana businesses to even bank with them.”

Of course, the reason why many financial institutions remain hesitant to take on cannabis companies as clients is because the plant is a strictly controlled substance under federal law.

“There’s been a number of legislative bills that have been introduced—and I am definitely not expressing any opinion personally or on behalf of the IRS about any pending or proposed legislation,” Collins, who is a senior counsel in the IRS Office of Chief Counsel, said. “But it is interesting to note that, if the law changed so that the marijuana businesses could have banks, that would make the IRS’s job to collect [taxes] a lot easier. As part of collection, we want the money. That’s our end goal there.”

A major part of what makes cannabis businesses unique is that they don’t qualify for traditional tax credits under an IRS code known as 280E. That policy “prohibits them from claiming deductions for business expenses because they’re technically being involved in drug trafficking,” Collins explained at the event, from which small excerpts of her comments were reported by Bloomberg.

There are some options available to lessen the burden on marijuana firms, however. At the end of the day, “IRS will work with marijuana companies because, again, we want to get paid,” Collins said.

One of the ways the agency works with marijuana business operators is to have them visit designated IRS “tax assistance centers” that accept cash payments in excess of $50,000. But the official warned businesses to “be prepared to be there for a little while” as the center checks—and double checks—the amount of cash being submitted.

“Revenue officers will assist the marijuana companies in paying us,” she said.

IRS officials could also help cannabis firms by having officials accompany them “to the bank in order to try to help the taxpayer secure a cashier’s payment to pay the IRS, as well as using money orders,” she said, adding that “our revenue officers are are wanting to work with the marijuana companies to help assist them to pay us.”

“When the revenue officers are there in person with the taxpayer, that could potentially help increase the likelihood that the bank will cooperate and help the taxpayer transition into a cashier’s check,” she continued. “And that has been a trend since this first became legal [at the state level], that more and more banks are allowing cannabis companies to bank with them.”

In a report published earlier this year, congressional researchers examined tax policies and restrictions for the marijuana industry—and how those could change if any number of federal reform bills are enacted.

IRS, for its part, said last month that it expects the cannabis market to continue to grow, and it offered some tips to businesses on staying compliant with taxes while the plant remains federally prohibited.

As it stands, banks and credit unions are operating under 2014 guidance from the Financial Crimes Enforcement Network (FinCEN) that lays out reporting requirements for those that choose to service the marijuana industry.

Leaders in both chambers of Congress are working on legalization bills to end federal marijuana prohibition. But stakeholders are hopeful that, in the interim, legislators will enact modest marijuana banking reform. Legislation to protect financial institutions from being penalized for working with cannabis businesses passed the House for the fifth time last month.

Rodney Hood, a board member of the National Credit Union Administration, wrote in a Marijuana Moment op-ed this month that legalization is an inevitability—and it makes the most sense for government agencies to get ahead of the policy change to resolve banking complications.

IRS separately hosted a forum in August dedicated to tax policy for marijuana businesses and cryptocurrency.

Earlier this year, IRS Commissioner Charles Rettig told Congress that the agency would “prefer” for state-legal marijuana businesses to be able to pay taxes electronically, as the current largely cash-based system under federal cannabis prohibition is onerous and presents risks to workers.

Former Treasury Secretary Steven Mnuchin said in 2019 that he’d like to see Congress approve legislation resolving the cannabis banking issue and he pointed to the fact that IRS has had to build “cash rooms” to deposit taxes from those businesses as an example of the problem.

IRS released updated guidance on tax policy for the marijuana industry last year, including instructions on how cannabis businesses that don’t have access to bank accounts can pay their tax bills using large amounts of cash.

The update appears to be responsive to a Treasury Department internal watchdog report that was released earlier in the year. The department’s inspector general for tax administration had criticized IRS for failing to adequately advise taxpayers in the marijuana industry about compliance with federal tax laws. And it directed the agency to “develop and publicize guidance specific to the marijuana industry.”

Luxembourg Set To Become First European Country To Legalize Marijuana Following Government Recommendation

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Luxembourg Set To Become First European Country To Legalize Marijuana Following Government Recommendation

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Luxembourg is poised to become the first European country to legalize marijuana, with key government agencies putting forward a plan to allow the possession and cultivation of cannabis for personal use.

The ministers of justice and homeland security on Friday unveiled the proposal, which will still require a vote in the Parliament but is expected to pass. It’s part of a broader package of reform measures the agencies are recommending.

Under the marijuana measure, adults 18 and older could grow up to four plants. However, under the non-commercial model that is being proposed, possessing more than three grams in public would still be a civil offense, carrying a fine of €25-500 ($29-581). Currently, the maximum fine for possession is €2,500 ($2,908).

In terms of access, adults would be able to buy and trade cannabis seeds for their home garden.

Justice Minister Sam Tamson said the government felt it “had to act” and characterized the home cultivation policy change as a first step, The Guardian reported.

“The idea is that a consumer is not in an illegal situation if he consumes cannabis and that we don’t support the whole illegal chain from production to transportation to selling where there is a lot of misery attached,” he said. “We want to do everything we can to get more and more away from the illegal black market.”

While limited in scope, the reform would make Luxembourg the first country in Europe to legalize the production and possession of marijuana for recreational use. Cannabis has been widely decriminalized in certain countries in the continent, but it has remained criminalized by statute.

Government sources in Luxembourg told The Guardian that plans are in the works to develop a program where the state regulates the production and distribution of marijuana. Tamson said they are working to resolve “international constraints” before taking that step, however, referring to United Nations treaty obligations that multiple U.S. states and other countries like Canada and Uruguay have openly flouted.

For now, the country is focusing on legalization within a home setting. Parliament is expected to vote on the proposal in early 2022, and the ruling parties are friendly to the reform.

This has been a long time coming, as a coalition of major parties of Luxembourg agreed in 2018 to enact legislation allowing “the exemption from punishment or even legalization” of cannabis.

Meanwhile in the U.S., congressional lawmakers are working to advance legalization legislation. A key House committee recently approved a bill to end marijuana prohibition, and Senate leadership is finalizing a separate reform proposal.

In Mexico, a top Senator said this week that lawmakers could advance legislation to regulate marijuana in the coming weeks. The Supreme Court has already ruled that adults cannot be criminalized over possession or cultivation, but there’s currently no program in place to provide access.

New Bipartisan Marijuana Research Bill In Congress Would Let Scientists Study Dispensary Products

Photo courtesy of Mike Latimer.

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New Bipartisan Marijuana Research Bill In Congress Would Let Scientists Study Dispensary Products

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A bipartisan group of federal lawmakers introduced a bill on Thursday to remove barriers to conducting research on marijuana, including by allowing scientists to access cannabis from state-legal dispensaries.

The Medical Marijuana Research Act, filed by the unlikely duo of pro-legalization Rep. Earl Blumenauer (D-OR) and prohibitionist Rep. Andy Harris (R-MD), would streamline the process for researchers to apply and get approved to study cannabis and set clear deadlines on federal agencies to act on their applications.

“Congress is hopelessly behind the American people on cannabis, and the quality of our research shows why that is an urgent problem,” Blumenauer told Marijuana Moment. “Despite the fact that 99 percent of Americans live in a state that has legalized some form of cannabis, federal law is still hamstringing researchers’ ability to study the full range of health benefits offered by cannabis, and to learn more about the products readily available to consumers.”

“It’s outrageous that we are outsourcing leadership in that research to Israel, the United Kingdom, Canada, and others. It’s time to change the system,” he said.

Late last year, the House approved an identical version of the cannabis science legislation. Days later, the Senate passed a similar bill but nothing ended up getting to the president’s desk by the end of the last Congress. Earlier this year, a bipartisan group of senators refiled their marijuana research measure for the current 117th Congress.

Meanwhile, lawmakers are also advancing a separate strategy to open up dispensary cannabis to researchers. Large-scale infrastructure legislation that has passed both chambers in differing forms and which is pending final action contains provisions aimed at allowing researchers to study the actual marijuana that consumers are purchasing from state-legal businesses instead of having to use only government-grown cannabis.

The new bill filed this week by Blumenauer and Harris, along with six other original cosponsors, would also make it easier for scientists to modify their research protocols without having to seek federal approval.


Marijuana Moment is already tracking more than 1,200 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.

It would additionally mandate that the Drug Enforcement Administration (DEA) license more growers and make it so there would be no limit on the number of additional entities that can be registered to cultivate marijuana for research purposes. It would also require the U.S. Department of Health and Human Services (HHS) to submit a report to Congress within five years after enactment to overview the results of federal cannabis studies and recommend whether they warrant marijuana’s rescheduling under federal law.

“The cannabis laws in this country are broken, including our laws that govern cannabis research,” Blumenauer said in remarks in the Congressional Record. “Because cannabis is a Schedule I substance, researchers must jump through hoops and comply with onerous requirements just to do basic research on the medical potential of the plant.”

The new legislation will “both streamline the often-duplicative licensure process for researchers seeking to conduct cannabis research and facilitate access to an increased supply of higher quality medical grade cannabis for research purposes,” he said, adding that expanded studies will help make sure “Americans have adequate access to potentially transformative medicines and treatments.”

For half a century, researchers have only been able to study marijuana grown at a single federally approved facility at the University of Mississippi, but they have complained that it is difficult to obtain the product and that it is of low quality. Indeed, one study showed that the government cannabis is more similar to hemp than to the marijuana that consumers actually use in the real world.

There’s been bipartisan agreement that DEA has inhibited cannabis research by being slow to follow through on approving additional marijuana manufacturers beyond the Mississippi operation, despite earlier pledges to do so.

In May, the agency finally said it was ready to begin licensing new cannabis cultivators. Last week, DEA proposed a large increase in the amount of marijuana—and psychedelics such as psilocybin, LSD, MDMA and mescaline—that it wants produced in the U.S. for research purposes next year.

Under the new House bill, the agency would be forced to start approving additional cultivation applications for study purposes within one year of the legislation’s enactment.

HHS and the attorney general would be required under the bill to create a process for marijuana manufacturers and distributors to supply researchers with cannabis from dispensaries. They would have one year after enactment to develop that procedure, and would have to start meeting to work on it within 60 days of the bill’s passage.

In general, the legislation would also establish a simplified registration process for researchers interested in studying cannabis, in part by reducing approval wait times, minimizing costly security requirements and eliminating additional layers of protocol review.

Read the full text of the new marijuana research bill below:

Click to access medical-marijuana-research-act-hr-5657-text.pdf

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