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.
Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording
President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.
“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of YouTube/White House.
Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote
Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.
The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.
“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.
Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”
The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.
“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.
The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.
Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.
The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.
The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.
Manley said in the news conference that he would continue to review the resolution, as well as police policies.
But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans
Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).
During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.
“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”
“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”
Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.
He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.
That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.
At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”
“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.
Photo element courtesy of Gage Skidmore.