A wide-ranging agricultural bill that includes a provision to legalize hemp made its way through a crucial Senate committee on Wednesday, passing 20-1.
Last week, Senate Majority Leader Mitch McConnell (R-KY) inserted the cannabis provisions—which would remove hemp from the federal definition of marijuana and also free up hemp cultivators to receive federal crop insurance—into the 2018 Farm Bill. The move builds upon the senator’s successful effort to include protections for industrial hemp research programs against federal interference in the 2014 version of the bill.
.@SenateMajLdr has been an effective leader in our farming communities helping Kentucky to become a leader in hemp production. And with the passage of the Farm Bill, hemp will become legalized nationwide! https://t.co/hlYsE9kqgn
— Kentucky GOP (@KYGOP) June 12, 2018
“I think it’s time we took this step,” McConnell said before the Senate Committee on Agriculture, Nutrition and Forestry on Wednesday. “I think everybody has now figured it out that this is not the other plant,” he added, referring to hemp’s cannabis cousin, marijuana.
“All the people in rural Kentucky who grew up with tobacco are hoping that this will be really something. And as we all know, hemp is very diversified. It can end up in your car dashboard, it can end up in food, it can end up in certain kinds of pharmaceuticals. It’s time to figure it out and see where the market will take us. I think it’s an important new development in American agriculture.”
McConnell also appeared on the Senate floor earlier Wednesday to reaffirm his support for the bill’s hemp provision.
“It’s a landmark piece of legislation that will benefit farmers and communities throughout our country,” McConnell said. “I’m particularly excited that the legislation being considered today includes provisions from the Hemp Farming Act of 2018…which I introduced earlier this year.”
“This will empower farmers in Kentucky and other states to fully realize the potential of industrial hemp.”
Late on Tuesday, Sen. Chuck Grassley (R-IA) filed an amendment to the Farm Bill that would require the Justice Department to “modify the definition of the term ‘hemp’ and make a determination as to whether cannabidiol [CBD] should be a controlled substance” under federal law.
Hemp legalization advocates swiftly responded, urging committee members to oppose the proposed changes, which they feared would gut the intent of McConnell’s legislation.
Kentucky’s Commissioner of Agriculture also tweeted that “I STRONGLY oppose Senator Grassley’s Amendment.”
Kentucky's farmers and processors are making innovative CBD products available to consumers. We recorded millions of dollars in sales revenues last year. The Grassley Amendment must be STOPPED in its tracks. #KyAg365 (2/3)
— Commissioner Quarles (@KYAgCommish) June 13, 2018
Grassley spoke in defense of his proposed amendment, lamenting that he’d “objected on procedural grounds” to the hemp legalization provision and was ignored. He also argued that he’d support the legalization of industrial hemp, but not its derivatives such as CBD. Grassley voiced concerns that the bill would “allow any snake oil salesman” to peddle unregulated CBD products to patients suffering from conditions such as epilepsy and anxiety.
Grassley also claimed that the hemp legalization provision falls “squarely within the Judiciary Committee’s jurisdiction,” which he chairs, as opposed to the Senate Committee On Agriculture.
Notably, however, he didn’t call for a committee vote on his proposed amendment. Instead, he asked that members “work with me to modify this provision after this bill gets out of committee.”
McConnell pushed back against the senator’s remarks. He said that he felt confident in the integrity of the bill and the safeguards it provides after consulting with the Justice Department, the Food and Drug Administration (FDA) and the ranking member of the Senate Committee on the Judiciary. Grassley’s amendment would “undercut essential premise of the bill, namely that help and its derivatives should be a legal agricultural commodity,” McConnell said.
“Hemp should be allowed to flourish again in this county…”
During the Wednesday committee markup, several lawmakers voiced support for legalizing hemp, including Sens. Michael Bennet, (D-CO), Heidi Heitkamp (D-ND) and Amy Klobuchar (D-MN).
Though the bill could still be subject to further amendments when it reaches the Senate floor, it’s doubtful that the hemp provisions would face significant resistance given their sizable bipartisan support. McConnell is joined by Senate Minority Leader Chuck Schumer (D-NY) and Sen. Ron Wyden (D-OR), among others, who also favor of the provision.
McConnell also said he received assurances from U.S. Attorney General Jeff Sessions, a staunch marijuana prohibitionist, that while he wouldn’t embrace the hemp legalization move, he “is not going to oppose us,” the Associated Press reported.
I’d like to thank the Chairman & @SenStabenow for working w/ me to include my #HempFarmingAct in the bill. It builds on the success of the pilot program I championed in the 2014 farm bill by removing federal roadblocks to industrial hemp.
— Leader McConnell (@SenateMajLdr) June 13, 2018
Lawmakers argue that federal laws pertaining to hemp cultivation have done a disservice to farmers and businesses in the United States. While it’s legal to sell hemp products, such as clothing and cosmetics, it remains illegal to cultivate the non-psychoactive cousin of marijuana under federal law.
Wyden took to the Senate floor last week, accompanied by two baskets full of hemp products, to make just that point.
“There can’t be many policies on the books that are more anti-farmer than that one,” he said. “Hemp growers in places like Canada and China must just be laughing all the way to the bank. They’re cashing in, while our farmers have their hands tied by the current hemp restrictions.”
And in a statement provided to Marijuana Moment on Wednesday, Wyden said that [l]ifting the nonsensical ban on growing hemp in Oregon and nationwide reverses decades of policymaking that hurt farmers’ ability to innovate and grow jobs here at home.”
“Our bipartisan legislation will help farmers unlock the full economic potential of industrial hemp, spurring economic growth and creating good-paying red, white, and blue jobs in rural communities across the country. Passing the Hemp Farming Act through the Senate Agriculture Committee marks a huge step toward allowing consumers to buy products made with hemp grown in America.”
I’m thrilled the bipartisan #HempFarmingAct passed the #SenateAg committee today. This marks a huge step toward allowing consumers to buy products made in America with hemp grown in America. #FarmBill18 https://t.co/6I6np0Dei3
— Ron Wyden (@RonWyden) June 13, 2018
My bipartisan #HempFarmingAct w/ @SenateMajLdr, @SenJeffMerkley and @RandPaul will help farmers unlock the full economic potential of industrial hemp, spurring economic growth and creating good-paying red, white, and blue jobs in rural communities across the country.
— Ron Wyden (@RonWyden) June 13, 2018
“It’s a crock,” Schumer, the Democratic leader, said last month, of the nation’s ban on hemp. “It makes no sense that the [Drug Enforcement Administration] is the primary regulator, and that they stop farmers and investors from growing hemp. Why are we buying hemp from other countries, when we have hundreds of acres that could be grown right here in our backyard?”
In a related move, for the third year in a row, the Senate unanimously adopted a resolution last week that acknowledged “the growing economic potential of industrial hemp.” But with the 2018 Farm Bill, this could represent the first year that a hemp legalization provision actually passes in the Senate.
All of this hemp momentum comes as many lawmakers are vying for broader cannabis reform measures, including the newly filed STATES Act, which would exempt marijuana from the Controlled Substances Act for states where the plant has been legalized. It would also provide protections for banks dealing with legal cannabis businesses and legalize industrial hemp.
President Donald Trump told reporters that he “probably will end up supporting that [bill],” last week.
Attempts to include hemp-related amendments to the House version of the Farm Bill were blocked last month. That said, the Senate leader is in a good position to push the legislation forward through a bicameral conference committee, which will eventually craft a final bill to send to the president’s desk.
McConnell said a full Senate vote on the bill would take place before July 4.
See below for a summary of the Farm Bill’s hemp provisions, as prepared by the Agriculture Committee:
Sec. 7125 Supplemental and Alternative Crops; Hemp
x Reauthorizes a research project for supplemental and alternative crops including canola and hemp.
Sec. 7401 Critical Agricultural Materials Act
x Reauthorizes the Critical Agricultural Materials Act, and includes hemp as an eligible product.
Sec. 7415 Legitimacy of Industrial Hemp Research
x Requires the Secretary to conduct a study and report on the economic viability of the domestic production and sale of industrial hemp.
Sec. 10111 Hemp Production
x Amends the Agricultural Marketing Act of 1946 to allow states to regulate hemp growth and production, based on a state or tribal plan that includes information on locations of hemp production, testing for THC concentration, disposal of plants that are out of compliance, and negligence or other violations of the state or tribal plan.
x Requires states and tribes without USDA approved plans to follow federal laws and regulations promulgated by USDA on hemp production.
Sec. 10112 Rule of Construction
x Clarifies that nothing in this title authorizes interference with the interstate commerce of hemp.
Sec. 11101 Definitions
x Defines cover crop termination and defines hemp as used in section 297A of the Agricultural Marketing Act of 1946.
Sec. 11106 Insurance period
x Amends section 508(a)(2) of the Federal Crop Insurance Act by adding hemp.
Sec. 11112 Submission of policies and materials to board.
x Amends section 508(h) of the Federal Crop Insurance Act to allow the Corporation to waive the viability and marketability requirement in the case of a policy or pilot program relating to the production of hemp.
Sec. 11120 Agricultural commodity
x Amends section 518 of the Federal Crop Insurance Act by adding hemp.
Sec. 11121 Reimbursement of research, development, and maintenance costs
x Amends section 522(b) of the Federal Crop Insurance Act to allow the Board and Corporation to waive the viability and marketability requirements in the case of research and development relating to a policy to insure the production of hemp.
UPDATE June 13, 2018 8:38am PT: This story has been updated to include new comments from Sens. Grassley and McConnell.
Watch: Senator’s Spot-On Impression Of Mitch McConnell Talking About Marijuana
Senate Majority Leader Mitch McConnell (R-KY) was apparently taken aback when he heard that the red state of Utah is likely to legalize medical marijuana in November.
Sen. Cory Gardner (R-CO) said in an interview on Wednesday that the exchange took place during Senate’s tax reform debate earlier this year, and he executed a pretty uncanny impression of McConnell in the retelling.
Asked by Capitol Hill newspaper Roll Call to share his favorite story about McConnell, Gardner said the two struck up a conversation on the Senate floor about marijuana and small business tax issues.
At the time, the Colorado senator was pushing an amendment to undo the provision in federal tax law known as 280E that prevents marijuana businesses from writing normal expenses off of their returns.
Gardner pressed McConnell on the issue, telling him that “47-plus states have legalized some form of marijuana, medical marijuana, CBD… Even Utah is most likely gonna legalize medical marijuana this year.”
“And McConnell looks at me and he goes, ‘Utah?’ And just this terrified look. Right as he says that, [Sen. Orrin Hatch (R-UT)] walks up, and Mitch looks at Orrin, and he says, ‘Orrin, is Utah really gonna legalize marijuana?'”
Then, looking at his feet, hands folded, the Mormon senator from Utah deadpanned: “First tea, then coffee, and now this.”
“It was just hysterical,” Gardner said.
You can watch the full Roll Call interview here.
Though McConnell isn’t quite the face of cannabis reform in Congress, he’s taken a leadership role in the fight to legalize industrial hemp—successfully securing a provision to accomplish just that in the Senate-passed version of the Farm Bill, which is now being reconciled with a proposal from the House that contains no hemp language.
Gardner, meanwhile, has embraced reforms sought by the legal cannabis industry in the years since Colorado became the first state to end marijuana prohibition in 2012.
Photo courtesy of RollCall.
Man Sends Marijuana Samples To Feds… To Make A Legal Point
Mailing numerous cannabinoid samples to U.S. courts and the Department of Justice was a key part of one man’s convoluted lawsuit strategy against the federal government that relied on an obscure Confederate-era statute, court filings show.
Oh, right. This requires some explanation. So, it’s not entirely clear what the end-game in this case was meant to be, but the essential facts are as follows: a man named Jeffrey Nathan Schirripa filed suit in the U.S. Court of Federal Claims, alleging that the government failed to hold up its end of a contract that, in a roundabout way, he attempted to force upon it.
Schirripa first sent cannabinoid samples to the Justice Department and a U.S. district court in 2015 to lay the groundwork for a theoretical “contract” between himself and the government, according to the filings. But the court “dismissed the complaint for lack of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted.”
Then, in an apparent effort to “prove the existence” of a contract, Schirripa attached unspecified parts of marijuana to 18 copies of a confidential petition for rehearing this year. Schirripa seemed to believe that he was creating “subject matter jurisdiction,” a necessary component of an implied unilateral contract that he said the government violated.
The court did not agree that unsolicited mailings of controlled substances constituted the relevant subject matter in an implied contract, though. On Monday, it filed this order:
“The Clerk of Court is directed to transmit these 18 documents to the U.S. Marshals Service for appropriate disposition or alternate action within the purview of the U.S. Department of Justice.”
The judges explained that the specific U.S. statute that Schirripa used as the basis of his subject matter claim was enacted in 1861, and it was exclusively designed to “weaken the Confederate States by authorizing the President to seize property aiding the Confederacy in its insurrection.” In other words, it didn’t apply here.
In his petition for rehearing, Schirripa included a flow chart visualizing of his intended logic.
It starts with the fact that he sent prototypes of “neuroprotecting antioxidants” to members of the U.S. Court of Appeals for the Federal Circuit. Schirripa admits that sending the “gifted” substances directly violated the Controlled Substances Act. So far, so good.
But from there, the petitioner seems to suggest that in both possible scenarios he presents—that the law can be enforced against him for mailing a controlled substance or that it can’t and so the cannabinoids are therefore “subject to prize/capture”—he’s proven to be an “interested party,” thereby validating his claim that the government breached an implied unilateral contract.
“I don’t fully understand the Schirripa’s flow chart, but it appears to be a boot-strap version a catch-22 for the court—the type of argument that you might figure out while high,” Dennis Crouch, a law professor at the University of Missouri School of Law, wrote in a blog post about the case.
The court seemed to agree. The statutes upon which Schirripa rested his contract theory “have no relation to any contract theory or any government bid or procurement practice,” the judges ruled in their denial of his rehearing. “The Court of Federal Claims thoroughly considered Mr. Schirripa’s arguments and theories, and fully explained their inapplicability.”
The appeals process might not have worked out, but it’s hard to imagine that Schirripa will be totally deterred. This marks his third appeal on “related actions” since 2014, court documents show. The legal logic of an implied unilateral contract didn’t hold up this time, but Schirripa—who has described himself as “the world’s most qualified expert in the realm of Cannabinoid Reform”—seems to be nothing if not tenacious.
Photo courtesy of Nicholas C. Morton.
Marijuana And Other Drugs Should Be Legalized, Likely Next House Judiciary Chair Says
A Democratic lawmaker who many political observers believe will likely be the next chairman of the powerful U.S. House Judiciary Committee implied in an interview on Wednesday that he supports legalizing other currently illicit drugs in addition to marijuana.
“From everything we have learned, people are going to do drugs. And certainly the softer drugs like marijuana, there’s no good reason at all that they cannot be legalized and regulated properly,” Rep. Jerrold Nadler (D-NY) said.
“The major effect of the war on drugs has been to fill our prisons with huge numbers of people to no great effect except to waste money and to ruin lives.”
In the comments, which Nadler made during an interview with WNYC’s Brian Lehrer Show, the congressman did not specify with substances he believes should be legalized, but his use of the pluralized phrase “softer drugs like marijuana” and the word “they” suggests his anti-prohibition views extend beyond just cannabis.
There is no precise definition of what constitutes a “soft drug” as compared to a “hard drug,” but some analysts categorize substances like LSD, psilocybin and MDMA in the former category in light of their lack of addictive potential.
Nadler is currently the top ranking Democrat on the Judiciary Committee, which has oversight of the Drug Enforcement Administration and other federal law enforcement agencies involved in drug enforcement and prosecution. If Democrats take control of the House in the midterm elections, as many poll watchers predict, he would likely ascend to the panel’s chairmanship and have the power to bring marijuana and other drug reform bills up for a vote.
Also in the radio interview, Nadler called the war on drugs an “abject failure” that is “not succeeding in reducing crime or doing anything else.”
“We ought to look at drugs as a public health issue.”
The comments came shortly after another key Democrat, Rep. Earl Blumenauer (D-OR), released an eight-page memo to fellow party members laying out a step-by-step strategy for how they can accomplish federal marijuana legalization in 2019 if they take control of one or both chambers of Congress. The plan includes a hearing on marijuana descheduling before the Judiciary Committee.
When it comes to marijuana, Nadler sees it as “far less damaging than nicotine to people’s health and we should probably regulate it similarly,” he said in the interview, adding that its current restrictive Schedule I status “doesn’t make any sense.”
Photo courtesy of David.