A coalition of state agriculture officials, farmers and drug policy organizations are teaming up to press the U.S. Department of Agriculture (USDA) to limit the scope of a ban on participation in the legal hemp industry by people with felony drug convictions.
The chair of the Senate Agriculture Committee made a letter from the groups public on Thursday during a hearing at which federal officials provided updates on progress toward implementing the federal legalization of hemp that was part of the 2018 Farm Bill.
The large-scale agriculture legislation also included the felony ban despite broad opposition from drug policy and criminal justice reform advocates. But in response to that pushback, lawmakers reached a compromise on a scaled-down version that made it into the bill, which President Trump signed in December.
Rather than instituting a blanket ban on participation in the legal hemp market by those convicted of a drug felony as it was initially drafted, the provision states that the ban expires 10 years after the conviction. But the coalition said it’s concerned that a misreading of even the less far-reaching measure could exclude people from participating in a wide range of hemp-connected occupations, while they say congressional intent was to have it applied only to individuals seeking to actually hold a license to produce hemp.
“Although Congress specified that the hemp felony ban should apply to producers, there are many occupational roles that could be interpreted to be involved in hemp production,” the letter, sent last month to USDA General Counsel Stephen Vaden, states. “Should the provision be interpreted in an inappropriately broad manner, state agricultural authorities and the private sector would be required to conduct costly background checks, screen and track workers involved in hemp production operations such as cultivation, processing, packaging and transporting hemp products.”
The National Association of State Departments of Agriculture, American Farm Bureau Federation, Drug Policy Alliance and Vote Hemp each signed the letter, which was entered into the congressional record by Sen. Pat Roberts (R-KS) at the start of the hemp implementation hearing—the second congressional meeting on cannabis of the week.
“We believe a fair reading of the Agriculture Improvement Act of 2018 and the accompanying conference report indicates that Congress intended for this provision to only apply to individuals seeking a license or authorization to produce hemp in accordance with a state, tribal or USDA plan,” the organizations wrote.
While the provision’s language is somewhat vague, including “any person convicted of a felony relating to a controlled substance” in a ban on participating “in the program established under this section” as well as producing “hemp under any regulations or guidelines issued under” the bill, the coalition pointed to the conference report as evidence that lawmakers didn’t intend to have the ban enforced across the board.
The report states that “[a]ny person convicted of a felony relating to a controlled substance shall be ineligible to participate under the state or tribal plan for a 10-year period following the date of the conviction.”
However, it goes on to specify that “this prohibition shall not apply to producers who have been lawfully participating in a state hemp pilot program as authorized by the Agricultural Act of 2014, prior to enactment of this subtitle.”
That specific language demonstrates that the “felony ban clearly applies to producers,” the coalition wrote.
“These requirements that a producer must meet to lawfully participate in a State, Tribal or Federal plan are consistent with the roles and responsibilities of an individual seeking a license or authorization from the government. The hemp felony ban therefore applies to individuals seeking to obtain and maintain a license or authorization from the government to produce hemp. The hemp felony ban should not apply to any other individuals engaged in lawful hemp production under a State, Tribal or Federal plan, including any individuals employed by a producer.”
“We therefore urge USDA to follow congressional intent and limit the application of the felony ban only to individuals seeking to obtain a license or authorization to produce hemp in accordance with the Agriculture Improvement Act of 2018,” the letter concludes.
“It’s critical that USDA implement the felony ban as narrowly as possible given the many harms its enforcement will impose,” said Grant Smith, deputy director of national affairs with the Drug Policy Alliance, told Marijuana Moment. “These harms include the unnecessary hardship on states, the agriculture industry and individual farmers of policing workers, to the denial of job opportunities in this fast growing industry to qualified workers on the basis of a prior conviction alone, including communities of color disproportionately convicted of drug offenses.”
Read the full letter pushing for a narrow interpretation of the hemp felony ban below:
This story was updated to include comment from Smith.
Andrew Yang Peddles Marijuana-Themed Presidential Campaign Merchandise
2020 candidate Andrew Yang announced on Saturday that his campaign for the Democratic Party’s presidential nomination is rolling out a line of marijuana-themed merch.
The limited edition products blend Yang’s love of mathematics with his support for cannabis reform. A t-shirt being offered for $30 simply says, “Math. Money. Marijuana.” And a now-sold-out baseball cap says “Math” on the front and displays a cannabis leaf on back. There’s also a bumper sticker that says, “Legalize Marijuana.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Buttigieg Pledges To Decriminalize Possession Of All Drugs In First Term As President
South Bend, Indiana Mayor Pete Buttigieg released a comprehensive plan on Friday that calls for “decriminalizing all drug possession” in his first presidential term as a means to combat the opioid epidemic and treat addiction as a public health, rather than criminal justice, issue.
Decriminalization is just one action the 2020 Democratic presidential candidate said he’d pursue in order to reform the country’s mental health care system and bolster substance abuse treatment. His plan also includes proposals to reduce sentences for drug offenses other than possession, increase access to the opioid overdose reversal drug naloxone and make it easier to implement syringe exchange programs.
America’s addiction and mental health care crisis has been building for decades—due to decades of neglect by political leaders in Washington. Today, I’m proposing a new approach that tackles this crisis with the urgency and care it deserves. pic.twitter.com/U8F9DXJPC2
— Pete Buttigieg (@PeteButtigieg) August 23, 2019
Buttigieg’s “Healing and Belonging in America” plan emphasizes the need to divert people suffering from addiction away from prisons and into treatment. He said he’d accomplish that by expanding diversionary programs and evidence-based training “for drug courts, mental health courts, and other alternatives to incarceration for justice-involved persons.”
The goal of decriminalization and diversion is to reduce “the number of people incarcerated due to mental illness or substance use by 75 percent in the first term.”
Our country is in the midst of a mental health and addiction crisis, worsened by decades of stigma and political neglect. I’ll bring a new approach, rooted in commitment and community, to tackle this crisis with the urgency it deserves. https://t.co/spBoh5KH4X
— Pete Buttigieg (@PeteButtigieg) August 23, 2019
Under his plan, sentencing reform for drug offenses other than possession would be applied retroactively and coupled with expungements for past convictions. Buttigieg pointed to research demonstrating that “incarceration for drug offenses has no effect on drug misuse, drug arrests, or overdose deaths” and instead “actually increases the rate of overdose deaths.”
“We cannot incarcerate ourselves out of this public health problem.”
“To ensure that people with a mental illness or substance use disorder can heal, we will decriminalize these conditions,” the proposal states. “When someone is undergoing a crisis or is caught using a drug, they should be treated by a health professional rather than punished in a jail cell.”
“All presidential candidates should join Pete Buttigieg in recognizing that the criminalization of people for their drug use is wrong and simply bad policy,” Maria McFarland Sánchez-Moreno, executive director of the Drug Policy Action, said in a press release. “Possession of drugs for personal use is the single most arrested offense in the United States, eclipsing arrest rates for any other offense. With overdose numbers skyrocketing and entire communities, disproportionately black or brown, suffering from criminalization, it’s time for policymakers to shift gears. Taking an evidence-based, health-centered approach to address this crisis is not only true leadership – it’s common sense.”
The mayor also made harm reduction policies a key component of his strategy. He said take-home naloxone programs would be expanded to all 50 states by 2024 and that harm reduction services would be expanded “to reduce overdose deaths and the spread of infectious diseases related to needle sharing.”
The plan would make naloxone “broadly available in order to reverse overdoses” and remove “legislative and regulatory restrictions on the use of federal funds for syringe service programs.”
Buttigieg said the federal government should provide funding for state and local health departments to purchase the medication, make sure that it’s “available in public spaces and workplaces” similar to first aid kids and encourage “co-prescribing of naloxone with opioids, either by individual physicians or direct dispensing by pharmacists.”
Existing federal law makes it difficult to establish syringe exchange programs, in part because federal funds can’t be used to buy needles. The restrictions “hamper state and local responses, both because they limit resources and because they convey a negative message about the value of these programs, despite overwhelming scientific evidence that they can prevent transmission of HIV and hepatitis.”
In addition to lifting those barriers, the candidate said the Centers for Disease Control and Prevention “would also work with states to remove any criminal liability for those participating in” syringe exchange programs.
“Harm reduction programs are a critical part of any effective response to the opioid and injection drug use crisis. They minimize the negative impact of drug use without encouraging it, while reducing other side effects of drug use. In particular, this means access to syringe service programs for people who inject drugs, that link them to treatment, and provides access to sterile syringes. These programs help prevent transmission of HIV, viral hepatitis, and other infectious diseases associated with needle sharing, and reduce overdoses by deploying medication such as naloxone that help reverse the effects of opioids.”
One harm reduction policy that didn’t make the cut in Buttigieg’s plan is safe injection sites, where people could use illicit drugs under the supervision of medical professionals who could reverse overdoses and recommend treatment options. Sens. Bernie Sanders (I-VT) and Elizabeth Warren (D-MA), who are also running for the Democratic nomination, both proposed legalizing such facilities as part of criminal justice reform plans they released this month.
“Decades of failed mental health and addiction policy, coupled with mass incarceration that criminalized mental illness and drug use, have left us with a mental health and addiction care system so broken that today there are more people with serious mental illness in prisons than in treatment facilities,” Buttigieg said.
The candidate also made ending incarceration for drug possession—as well as legalizing marijuana—central principles of his previously released criminal justice reform plan, which he released last month.
But while the prior plan did not explicitly describe the move as “decriminalizing” drugs, even though advocates commonly use that word to refer to policies that remove the threat of being imprisoned for possession, the new document does use that terminology—signaling a shift in clarity as Buttigieg continues to develop his campaign messaging.
In other instances, he borrowed language from his criminal justice reform plan, specifically as it concerns how criminalizing drug use can increase rates of overdose, for his mental health proposal.
“Despite equal rates of use, Black Americans are nearly four times as likely to be arrested for using marijuana,” the criminal justice plan states. “Research shows that incarceration for drug offenses has no effect on drug misuse, drug arrests, or overdose deaths. In fact, some studies show that incarceration actually increases the rate of overdose deaths.”
Buttigieg mentioned that, as with drug offenses, black people are also more likely to die from overdoses. And that’s due to “the current broken system that criminalizes mental illness and addiction” that was “built during the crack epidemic of the 1980s.”
This story was updated to include comment from the Drug Policy Action.
Photo courtesy of Flickr/Gage Skidmore.
White House Drug Officials Say Legal Marijuana Is Up To States
Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.
The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.
Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.
Got the answer: He believes it should be left up to the state. However, he does want to educate people on the effect marijuana has on young brain development, pregnant women and wants to come up with better guidance & testing for marijuana while driving. https://t.co/eifryNJB1j
— Kayla Sullivan (@KaylaReporting) August 14, 2019
It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.
Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.
Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”
“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”
Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.
During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”
“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”
He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”
Photo courtesy of Philip Steffan.