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Biden Will Be A ‘Constructive Player’ On Marijuana Reform, Congressman Predicts

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Rep. Earl Blumenauer (D-OR), a chief advocate for marijuana reform in Congress, told Marijuana Moment in a new interview that sees the finish line to get a comprehensive legalization bill through the House coming up in the near future.

And in the meantime, he’s secured another victory in the House after his spending bill amendment to protect all state, territory and tribal cannabis programs from federal intervention cleared the chamber in a notably bipartisan vote this month.

While the congressman is focused on advancing federal marijuana policy change, he’s also paying close attention to broader drug policy reform movements that have materialized in his home state of Oregon, where voters will be deciding on historic ballot measures to decriminalize all illicit drug possession and legalize psilocybin mushrooms for therapeutic purposes this November.

Blumenauer is supportive of all these efforts, he said. Congress might be generally preoccupied with coronavirus relief and policing reform legislation, but he’s working behind the scenes to see through his step-by-step blueprint to end federal marijuana prohibition—while maintaining a focus on racial equity for communities targeted by the war on drugs.

In a phone interview, the Cannabis Caucus co-chair discussed his work on marijuana policy, his thoughts on presumptive Democratic presidential nominee Joe Biden’s ongoing opposition to legalization, drug reform beyond cannabis and more.

Marijuana Moment’s Patreon supporters can listen to the audio recording of our conversation with Blumenauer. In addition to the topics covered in this publicly available writeup of the interview, the congressman also talks about reports that the House could vote on a standalone bill to deschedule cannabis next month and how that could procedurally happen.

The exclusive audio clip is available for supporters who help make our cannabis journalism possible with monthly pledges of $10 or more.

This premium content is available only for Marijuana Moment supporters on Patreon. Please start a monthly pledge to help us continue our cannabis advocacy journalism. (Please contact [email protected] if you are a patron and have trouble logging in.)

The following interview has been lightly edited for length and clarity.

Marijuana Moment: To start things off, I wanted to hear about next steps since the House passage of your amendment to protect state marijuana laws from federal interference.

Earl Blumenauer: We were quite pleased with the vote… The next steps as far as I’m concerned, first and foremost, we’ve been working so that the racial justice package should include legalization of cannabis. The latest year’s statistics were available, over 700,000 people were arrested or cited for something that now more than two-thirds of the American public thinks should be fully legal. That point of intersection has a whole host of negative consequences for black lives. And I’ve been pretty relentless arguing that this needs to be in the justice package. Now, this was the result, as you know, of black leadership and I respect them. I have quietly lobbied that this be included.

I’ve taken it to the caucus, saying, ‘remember this.’ It is probably the single most profound thing we could do to protect black lives. I mean, there are repeated examples of where a point of contact with police for cannabis goes bad with tragic consequences. Even if it doesn’t result in some sort of violent altercation, getting primarily black young men involved with the criminal justice system is not a healthy circumstance, particularly when there’s no reason for it to happen.

We’re arguing that it’s time. We also have, as you know, seen the passage of the MORE Act through the Judiciary Committee. It’s actually ready to come to the floor. And so I’m lobbying to not go through the other subsequent referrals of other committees. But let’s just bite the bullet and pass this. I think this is something that is supported. I know it’s supported by the chair of the Judiciary Committee, and we have areas of support for the legislation from Commerce and Ways and Means, arguing we just cut to the chase and get this passed.

We’ve got the SAFE Banking Act that House leadership was kind enough to make part of our last COVID package and sent to the Senate in the HEROES Act—a relatively small step and it is strongly supported by a number of Republicans in the Senate. This is something that will make a big difference to allow the industry to be able to function normally. It’s of particular interest to the smaller operators—people who are literally the mom and pop, many minority license holders. It’s really tough for them to go through the rigmarole. We’re working, taking care of the banking, supporting our amendment in the appropriations process and arguing that this ought to be included in the package for racial justice.

MM: Have you been talking to any Senate offices about introducing identical language to your protect-states amendment in their chamber’s version of the Justice Department spending bill?

EB: I have not yet, but I’m planning on it.

MM: I think you might agree with me that one of the more surprising vote flips this year compared to last came from Rep. Debbie Wasserman Schultz (D-FL), the former Democratic National Committee chair. We observed you have a fairly animated conversation with the congresswoman on the House floor just prior to her vote—is there anything you can share about the arguments you made that might’ve convinced her to vote favorably?

EB: You know, I don’t feel that it’s useful to talk about conversations with colleagues. This has been an area that Debbie and I have talked about over the years, just in terms of substance, but I don’t really have any comment.

Marijuana Moment asked Blumenauer about our recent report about congressional leaders’ plans to advance a cannabis descheduling bill to the House floor in September.

The congressman’s answers to that question, and the full audio of our interview, are available exclusively for Marijuana Moment supporters pledging at least $10/month on Patreon.

This premium content is available only for Marijuana Moment supporters on Patreon. Please start a monthly pledge to help us continue our cannabis advocacy journalism. (Please contact [email protected] if you are a patron and have trouble logging in.)

MM: Advocates were disappointed last month when the Democratic National Committee’s platform committee rejected an amendment to add legalization as a 2020 party plank. What’s your reaction to that vote?

EB: I’m not particularly concerned. The way that we’re going to be able to end the failed prohibition of cannabis is with legislation. Party platforms, I’m sorry, I’ve been to a number of national conventions. I’ve never read a platform all the way through. I’ve never seen a platform drive legislative achievement. Occasionally, there are things that are in the platform that are targets for weird ads. But platforms? No, I’m sorry, I’m not going to waste any time and energy on the platform.

The majority of people on that platform committee actually support what we’re trying to do. I think you’re going to see, in the course of the next couple months, it’s going to be clear that the Democratic Party supports ending the failed policy of prohibition. I’m quite confident of that and I’m not worried at all about that hiccup. I spent no time on it and don’t think it’s worth it. I think the things we’re working on in terms of moving legislation for research, for banking, for ending prohibition, those are the things that matter, and we can actually get them enacted this Congress.

MM: There are some who suspect delegates on the panel felt pressured to vote against it because former Vice President Biden remains opposed to the policy change. What message would you send him on the need to embrace legalization, especially given supermajority support among Democrats?

EB: I have had conversations with team Biden, talking about the overwhelming support for ending the failed prohibition of marijuana. I’ve talked about the political support. I’ve talked about the criminal justice implications. And I’ve had some encouraging conversations. I think at the end of the day, I don’t think the vice president is going to be opposed to full legalization.

I think when we get to the point where there’s a Biden administration, which I desperately hope for, I don’t think there’s going to be any interference with what we’re doing on the federal level and the state level. I have absolute confidence in that.

Let me just say, the vice president has a long and detailed policy history on hundreds and thousands of issues, and we’ve watched the vice president really be engaged this last year. I’ve been impressed with his genuine effort to understand issues. I’ve seen overwhelming evidence that he and his team are getting behind looking at a variety of things. I’ve witnessed a degree of flexibility and willingness to take in new information and new circumstances. You’re seeing it on an ongoing basis.

I have no doubt that when all is said and done, the Biden administration and a Biden Department of Justice will be a constructive player.

MM: Senate Majority Leader Mitch McConnell (R-KY) has been criticizing House Speaker Nancy Pelosi (D-CA) over her defense of including cannabis banking language in the chamber’s latest coronavirus relief legislation. What do you make of that?

EB: Well, he can check with some of his own endangered Republicans and ask whether or not it’s “germane.” I mean, cannabis was deemed, in state after state, an essential service. We’re talking about $10 billion or more in terms of economic activity. We’ve already talked about the challenges in terms of the safe banking implications. It is real life medicine for millions of people. And the notion that somehow this is just arts and crafts, this is a tangential issue—this is from the guy who stuffed in to the first COVID relief package completely unrelated, $140 billion tax break for people who made a minimum of a half-million dollars, with no showing of impact from the COVID-19 crisis, and he’s going to talk about germaneness? I think there’s a little bit of chutzpah there.

Being able to help this industry stabilize and thrive, reducing a serious public safety threat by having people conduct transactions with duffel bags full of $20 bills, which is an invitation for money laundering, theft, tax evasion. It’s insane and everybody agrees. I was pleased that our leadership took a bill that passed with overwhelming bipartisan support. It wasn’t just that every Democrat but one voted for it. It was 40 percent of the Republicans. There aren’t very many items that would actually help people that have that measure of support.

Finally, I would just note that there are lots of things that Leader McConnell has said. He didn’t want to give any help to state and local governments. Let the states go bankrupt, I believe was his prescription. I think what you’ve seen is that the Senate understands that Democrats are united and that we have a stronger position in terms of doing things that will make a difference for the economy and the health of citizens. He’s got a pretty weak hand. And I don’t take that talk seriously. I mean, it’s not gonna be easy and he has not been helpful except for his Kentucky hemp growers. So you take your help where you get it.

MM: There are two non-marijuana drug policy reform initiatives that qualified for the ballot in your state of Oregon: drug decriminalization and psilocybin legalization for therapeutic use. What can tell me about any plans you have, if any, to help build support for the measures ahead of November?

EB: I think they both have strong merit. I’m going to be making my position clear. I will probably put a voters pamphlet page in, do a little social media, maybe some advertising. I think that the notion of decriminalizing drug use as distinct from legalizing—but dealing with decriminalization, dealing with psilocybin in terms of the research and therapeutic aspects, I think the more attention people pay, the better off we are. And I think it’s important to allow voters to be heard, and I’m certainly going to share my strong feeling that this is a step forward.

Become a Marijuana Moment supporter on Patreon with a monthly pledge of $10 or more to hear our conversation with Blumenauer and to support our ongoing cannabis journalism that helps to keep you informed about key developments.

Tulsi Gabbard Talks CBD For Military Members, Biden’s Legalization Opposition And Congressional Retirement

Photo courtesy of Philip Steffan.

This premium content is available only for Marijuana Moment supporters on Patreon. Please start a monthly pledge to help us continue our cannabis advocacy journalism. (Please contact [email protected] if you are a patron and have trouble logging in.)

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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Texas Lawmakers Approve Marijuana Decriminalization Bill In Committee

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A bill to decriminalize marijuana possession in Texas—as well as a separate proposal to reduce penalties for possessing cannabis concentrates—advanced out of a key House committee on Friday.

These are the latest developments that have come after a week where Texas lawmakers have considered a medley of marijuana reform measures. But arguably the most significant piece of cannabis legislation to move out of committee would make possession of up to an ounce of marijuana a class C misdemeanor that carries a fine but no threat of jail time.

The full House of Representatives approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

This time around, the House Criminal Jurisprudence Committee approved the decriminalization bill, which would also prevent law enforcement from making arrests over low-level possession. Other decriminalization proposals that were under consideration by the panel this week would not prohibit that enforcement action, which is key because police are currently able to incarcerate people who are arrested for class C misdemeanors even though the charge itself does not carry the risk of jail time in sentencing.

The advancing legislation, HB 441, sponsored by Rep. Erin Zwiener (D), would also prevent the loss of a driver’s license or the creation of a criminal record for possession of up to one ounce.

Separately, the committee advanced legislation to make possession of up to two ounces of cannabis concentrates a class B misdemeanor.

Both bills were among the subjects a lengthy hearing the panel held on Tuesday.

“Marijuana bills are moving through the committee process at record speed this session,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “There’s good reason to be optimistic about the upcoming votes and the House and advocates will be doubling down their efforts to influence senators.”

This action comes one day after the House Public Health Committee unanimously approved a bill to significantly expand the state’s medical marijuana program.

Sponsored by Chairwoman Stephanie Klick (R), the bill would add cancer, chronic pain and post-traumatic stress disorder (for veterans only) as conditions that could qualify people for the state’s limited medical cannabis program.

It would further allow the Department of State Health Services to add more qualifying conditions via administrative rulemaking. And it would also raise the THC cap for medical marijuana products from 0.5 percent to five percent.


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.

On Thursday, the House Agriculture and Livestock Committee also discussed legislation that would make certain changes to the state’s hemp program, including imposing rules related to the transportation and testing of consumable hemp products.

While the Texas legislature has historically resisted most cannabis reforms, there are signs that this session may be different.

House Speaker Dade Phelan (R) said during a Texas Young Republicans event last month that while he wouldn’t be able to distinguish marijuana from oregano, he said, “I understand the issue.”

The speaker said that he voted for a limited medical cannabis legalization bill during his freshman year in the legislature, and his support for the reform is partly based on the fact that he has a “sister with severe epilepsy, and small amounts of CBD oil makes a big difference in people’s lives.”

Phelan also noted that he was a “joint author—no pun intended” of cannabis decriminalization legislation last session.

“I was able to go back home and explain it, and it wasn’t a big deal,” he said. “To me, it’s a reasonable criminal justice reform issue.”

Texans’ support for legalizing marijuana has grown significantly over the past decade, according to a poll released last month.

Sixty percent of state voters now back making cannabis legal “for any use,” the University of Texas and Texas Tribune survey found. That compares to just 42 percent who said the same back in 2010.

Leaders in both chambers of the legislature have recently indicated that they anticipate more modest proposals to be taken up and potentially approved this session, particularly as it concerns expanding the state’s limited medical cannabis program.

Phelan said he thinks “the House will look at” reform measures this year, including bills to legalize for adult use. He said the lawmakers will likely “review those again, and some will get traction, some will not.” However, the Senate remains an obstacle for comprehensive reform.

Legislators in the state prefiled more than a dozen pieces of cannabis legislation ahead of the new session. That includes bills that would legalize recreational marijuana, allow high-THC cannabis for medical use and decriminalize low-level possession of marijuana.

That said, Lt. Gov. Dan Patrick (R), who presides over the Senate, has killed prior efforts to enact reform in the state, raising questions about the prospects of far-reaching changes advancing in the chamber.

Nevada Lawmakers Approve Marijuana Bill To Allow On-Site Consumption Lounges

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Nevada Lawmakers Approve Marijuana Bill To Allow On-Site Consumption Lounges

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A bill to allow on-site marijuana consumption lounges advanced through a Nevada Assembly committee on Friday. The panel separately passed a measure making it so the concentration of THC in a person’s blood cannot be singularly used to determine impairment while driving.

The social use legislation, sponsored by Speaker Pro Tempore Steve Yeager (D), would create two new licensing categories for cannabis businesses in the state. One would be for “retail cannabis consumption lounges” and the other would be an “independent cannabis consumption lounge.”

Existing retailers could apply for the former license and sell products that could be consumed on-site by adults 21 and older. Independent lounges would not be permitted to sell cannabis on their own, but would need to have marijuana products delivered to consumers from another source.

That said, independent licensees could submit a request to regulators to sell cannabis that they produce or to enter into a contract with an adult-use retailer to sell their products.

The state’s Cannabis Compliance Board would also be responsible for creating regulations for on-site facilities and setting fees for license applicants. Businesses that qualify as social equity applicants would have a reduced fee.

Under the legislation, a person “who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, including, without limitation, adverse effects on an owner, officer or board member of the applicant or on the geographic area in which the applicant will operate” is considered a social equity applicant.


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.

Yeager proposed a large-scale amendment to the proposal before it was approved by the Assembly Judiciary Committee. It builds on the definition and scoring system for social equity applicants, revises public safety requirements for lounges and ensures that products purchased at lounges cannot be removed from the facility, among other changes.

The Las Vegas City Council in 2019 approved an ordinance allowing for social consumption sites within city limits.

That year, Alaska became the first state to enact regulations that provide for the on-site use option at dispensaries. Colorado followed suit with legislation approved that legalized cannabis “tasting rooms” and “marijuana hospitality establishments” where adults could freely use cannabis. Social consumption sites are also provided for in New York’s recently enacted marijuana legalization law.

In Nevada, adding new license types and giving consumers this option—especially in the tourist-centric state—could further boost marijuana and other tax revenues. And Gov. Steve Sisolak (D) has had a particular interest in ensuring that those tax dollars support public education, which he talked about during a State of the State address in January.

Sisolak has also committed to promoting equity and justice in the state’s marijuana law. Last year, for example, he pardoned more than 15,000 people who were convicted for low-level cannabis possession.

That action was made possible under a resolution the governor introduced that was unanimously approved by the state’s Board of Pardons Commissioners.

Under the impaired driving bill that separately cleared the committee on Friday, the per se blood test for THC would no longer be used in determining impairment.

Advocates have argued that the limit is arbitrary and there’s a lack of scientific evidence demonstrating a link between the amount of THC metabolites present in the blood and active impairment.

New Mexico Governor Sends Marijuana Bill Sponsors A ‘Save The Date’ For Expected Legalization Bill Signing

Photo courtesy of Martin Alonso.

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Biden Gets Yet Another Congressional Letter Blasting Marijuana-Related White House Firings

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President Joe Biden has received yet another letter from a lawmaker demanding answers about his administration’s practice of firing or otherwise punishing staffers for prior marijuana use.

Rep. Angie Craig (D-MN) noted the national push to end prohibition and how the White House’s actions reveal a troubling disconnect.

“Cannabis is legal for either medical or adult use in 36 states, with numerous states pursuing efforts to further legalize for adult use,” the congresswoman wrote. “In Minnesota, our state legislature is expected to vote on measures to legalize cannabis in the coming months following years of political and community organizing by activists throughout the state.”

“Minnesotans and the American people are demanding change to our harsh and unequally applied cannabis laws,” she wrote. “I look forward to seeing your Administration reverse course on this harmful and unnecessary hurdle to hiring diverse and talented public servants.”

Craig also mentioned efforts to legalize marijuana at the federal level and commented on Biden’s prior statements on more modest reforms.

“I stand ready to work with you as we revisit our country’s drug laws, including the descheduling of cannabis as a Class 1 drug at the federal level,” she said. “You have previously expressed your commitment to decriminalizing cannabis in acknowledgement that a cannabis conviction or even the stigma of cannabis use can ruin lives and prevent people from voting, gaining employment and contributing to society.”

This is the third letter from lawmakers that Biden has been sent regarding the federal marijuana employment controversy.

A coalition of 30 members of Congress sent a letter last month that sharply criticizes the administration for terminating or punishing multiple White House staffers who disclosed their prior cannabis use. They pointed out that Vice President Kamala Harris and at least one one other Cabinet member are on record about their own marijuana use experiences.

Prior to that, Rep. David Joyce (R-OH) sent a similar message to the president condemning news of the marijuana-related firings for people who were honest about their history with cannabis on a federal form that’s required as part of the background check process.

“Simply put, in a nation where the truth is considered malleable, we need to demonstrate to our young public servants that telling the truth is an honorable trait, not one to be punished,” the congressman wrote. “I respectfully request that your administration discontinue punishment of staff for being honest about their prior cannabis use and reinstate otherwise qualified individuals to their posts.”

White House Press Secretary Jen Psaki addressed the controversy last month, saying during a press briefing that while Biden could theoretically end the policy of firing staff over prior marijuana use himself, that’s not happening as long as cannabis is federally illegal.

She later said that the president’s stance on marijuana legalization “has not changed,” meaning he’s still opposed to the comprehensive reform.

Psaki has previously attempted to minimize the fallout over the cannabis firings, with not much success, and so her office released a statement last month stipulating that nobody was fired for “marijuana usage from years ago,” nor has anyone been terminated “due to casual or infrequent use during the prior 12 months.”

Read the new letter to Biden on White House marijuana employment policy below: 

Letter to Biden Regarding C… by Marijuana Moment

New Mexico Governor Sends Marijuana Bill Sponsors A ‘Save The Date’ For Expected Legalization Bill Signing

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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