The House on Thursday officially took the final step to advance a bill to federally legalize marijuana to a floor vote.
Members debated and passed a rule that sets the procedural standard for voting on the legislation, which is expected Friday. Lawmakers also talked more generally about the substance of the bill during Thursday’s consideration of the rule, which was approved in committee the day prior.
The House approved the rule in a 225-160 vote.
The Marijuana Opportunity, Reinvestment and Expungement (MORE) Act would fundamentally restructure the nation’s cannabis policy, removing the plant from the Controlled Substances Act and expunging the records of those with prior marijuana convictions. The descheduling provisions would be retroactive.
It passed out of the Judiciary Committee, headed by bill sponsor Rep. Jerrold Nadler (D-NY), last year. Advocates have been waiting ever since to see the historic piece of legislation move to the full chamber.
Leadership initially said a vote would be held in September, but that plan was pushed back at the request of certain centrist Democrats who worried that it would be bad optics to approve cannabis reform being passing another coronavirus relief package. But the strategic thinking there is questionable, as some of those same lawmakers ended up losing their seats on the same Election Day that voters in several conservative states approved marijuana legalization ballot measures.
House Majority Leader Steny Hoyer (D-MD) then announced that the chamber would vote on the MORE Act in December. The proposal moved out of the Rules Committee on Wednesday, and members of that panel decided on a “closed” vote rule to make it so no additional amendments will be allowed on the floor.
Watch the House debate the rule for the marijuana bill:
Rep. Earl Blumenauer (D-OR), a longtime leader on cannabis reform in Congress, wore a mask with marijuana leaves on it as he presided over the chamber on Thursday.
— Earl Blumenauer (@repblumenauer) December 3, 2020
Several Republican members took hits at Democrats for choosing to bring up the marijuana legislation.
Minority Leader Kevin McCarthy (R-CA), for example, repeatedly condemned those on the other wide of the aisle for giving attention to “cats and cannabis” during the pandemic. (The “cats” reference is to separate proposed legislation to restrict personal ownership of lions, tigers and other big cats.)
Another member, Rep. Andy Biggs (R-AZ), also criticized the marijuana reform action and then forced an unsuccessful floor vote on a motion to adjourn for the day.
I forced a vote to adjourn the House floor to highlight how many House Democrats are not even in D.C. to conduct the people's business.
Americans expect us to be working on their behalf, but Democrats have used 2020 to turn the House into a virtual show. pic.twitter.com/oDDtnKtcVJ
— Rep Andy Biggs (@RepAndyBiggsAZ) December 3, 2020
These critiques have been building among GOP lawmakers since House leadership announced plans of the vote on the MORE Act. While many have lashed out on Twitter, Senate Majority Leader Mitch McConnell (R-KY) took to the floor of his chamber to condemn the move on Thursday, mocking Democrats for “spending this week on pressing issues like marijuana.”
“You know, serious, important legislation benefiting the national crisis,” McConnell sarcastically intoned.
One House Democrat, Rep. Conor Lamb (D-PA), echoed the GOP criticism, saying that this “isn’t the right way” to advance reform and lawmakers should instead be focused on COVID-19 relief.
On the floor, Rules Committee Chairman Jim McGovern (D-MA) responded in his opening remarks on Thursday, stating that “we can walk and chew gum at the same time in this Democratically controlled House of Representatives.”
“That means we need to deal with not only passing an omnibus bill and a COVID relief bill—but we have other work that needs to be done as well,” he said. “We are here today to continue our effort to reform our nation’s failed approach to the war on drugs.”
Rep. Rob Woodall (R-GA) said that legalization is “a topic that has received more than its fair share of attention” this year and he sympathizes with the racial equity issues related to cannabis criminalization. However, he said that the chamber’s time is being “wasted” by moving a bill that “will not be moving anywhere,” implying that it will not advance through the GOP-controlled Senate or arrive on the president’s desk.
“Sometimes I think that the world is turned upside down,” Rep. Debbie Lesko (R-AZ), who opposes the legislation despite the fact that her state legalized marijuana during last month’s election, said.
“I think to the American public—and at a time when parents are trying to get their children back into school with an in-person option because their children are falling so far behind because of the lockdowns of schools—here we are with a bill that will make it easier for these same children to get marijuana products,” she argued.
It should be noted that recent federal data shows that youth cannabis consumption has remained stable and in some states has decreased amid the state-level legalization movement.
“This is an opportunity to strike a blow against the failed war on drugs that has literally destroyed hundreds of thousands of young black lives,” Blumenauer said. “Black people use cannabis no more frequently than whites, but they are arrested about four times more” over marijuana.
“This is an historic moment,” he said. “It’s an important step towards rationalizing the policy towards racial justice…this is an opportunity for us to right this historic wrong. This is an opportunity for us to turn the page and move forward without federal interference.”
Rep. Mary Gay Scanlon (D-PA) said “it becomes clear by the day that the time is long overdue for the federal government to bring its marijuana policy into the 21st century” and the “current approach has failed.”
— House Committee on Rules (@RulesDemocrats) December 3, 2020
In a short speech earlier on Thursday, Rep. Dwight Evans (D-PA) called on his colleagues to advance the proposal, describing it as “a jobs bill” that would promote social equity.
Honored to preside over the House today as we considered the rule for H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act to decriminalize & deschedule cannabis. As a cosponsor, I look forward to voting in support of this legislation tomorrow. pic.twitter.com/zUwvwkR2fJ
— Rep. John Yarmuth (@RepJohnYarmuth) December 3, 2020
Ahead of Friday’s final vote on the legislation, there will be one hour of additional debate on the House floor, and that time will be “equally divided and controlled by the chair and ranking minority member” of the Judiciary Committee, according to the rule.
Before coming to the floor, the legislation was revised in a Rules Committee Print, transmitted from Nadler’s Judiciary panel, and further modified in a manager’s amendment he filed. Most of the revisions were technical in nature, though there was one significant change as it relates to the proposed tax structure for marijuana.
As now structured, the MORE Act would make it so cannabis would be federally taxed at five percent for the first two years after implementation and then increased by one percent each year until reaching eight percent. After five years, taxes would be applied to marijuana products based on weight rather than price.
The bill would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.
A new Cannabis Justice Office under the Justice Department would be responsible for distributing funds providing loans for small cannabis businesses owned and controlled by socially and economically disadvantaged individuals. The bill also seeks to minimize barriers to licensing and employment in the legal industry.
It would also establish a Community Reinvestment Grant Program. Tax dollars appropriated to that program would go to job training, legal aid for criminal and civil cases such as those concerning marijuana-related expungements, literacy programs and youth recreation and mentoring services, among other programs.
In new changes that some reform advocates take exception to, the legislation also stipulates that the heads of the Transportation Department and Coast Guard may continue to include marijuana in drug testing programs for safety-sensitive positions and clarifies that the expungement provisions only apply to “non-violent marijuana offenders” and bars so-called “kingpins” from obtaining expungements.
Advocates are optimistic about the bill’s advancement through the House, but it should be noted that its prospects in the GOP-controlled Senate this session are dim. McConnell is a champion of the hemp industry but staunchly opposes further marijuana reform.
That said, a symbolic vote for legalization could send a strong signal to the incoming presidential administration.
Given President-elect Joe Biden’s former approach to championing punitive anti-drug legislation as a senator and his ongoing obstinance on marijuana legalization at a time when polls show that a clear majority of Americans favor the policy change, there remains some skepticism about his willingness to make good on his campaign promises to achieve more modest reforms he has endorsed, such as decriminalizing possession and expunging records.
A transition document the incoming Biden-Harris administration released this month left out mention of those cannabis pledges.
That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”
For his part, Blumenauer told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.
Meanwhile, the Congressional Research Service released an analysis of the MORE Act last month, finding that the bill’s passage could “reverse” the current cannabis policy gap that exists between states and the federal government.
Photo courtesy of Carlos Gracia.
Top Pennsylvania Official Restores Marijuana Flag After GOP Lawmakers Allegedly Got It Removed
Lt. Gov. John Fetterman’s (D) marijuana and LGBTQ flags are waving again at his Capitol office after state officials removed them Monday night, allegedly at the behest of certain GOP lawmakers who feel strongly about the activist decor.
The day after their removal, the lieutenant governor proudly announced on Twitter that he’d restored the flags—one rainbow-themed and the other displaying cannabis leaves.
“I really can’t emphasize this enough, my issue isn’t with the individuals that came to take them down. They’re kind of caught in the middle of it so it’s not them,” Fetterman told Marijuana Moment. “But the Pennsylvania GOP exerted enough pressure and made enough drama so they felt that they needed to do something and they took them down. When I realized that, I just put them back up.”
I even had to rehang this one. 🙄 pic.twitter.com/NPuADtb1Lt
— John Fetterman (@JohnFetterman) January 26, 2021
The flags have been an unusual source of controversy for some members of the legislature. In November, Republican lawmakers passed budget legislation that included a provision targeting his cannabis-themed office decor, making it so only the American flag, the Pennsylvania flag and those honoring missing soldiers could be displayed at the Capitol building.
It’s kinda flattering that they changed Pennsylvania law just for me. 🥺👉👈
Speaking of changing laws…
I’ll take them down when we get:
LEGAL WEED 🟩 FOR PA + EQUAL PROTECTION UNDER THE LAW for LGBTQIA+ community in PA.
— John Fetterman (@JohnFetterman) November 20, 2020
“There’s one great way to get them down for good and we can end this,” the lieutenant governor said. And that’s by enacting legislative reform.
“It shouldn’t have to be this way. These are not controversial things. These are very fundamentally American things. It’s freedom-related. It’s individuality-related. It’s jobs. It’s revenue,” he said. “These are not controversial, but these flags are. For the party that thinks it’s A-OK to talk about how an election that was secure was rigged, they sure have a real thin skin when it comes to free speech.”
A spokesperson for the state Department of General Services confirmed to Marijuana Moment that it was tasked with removing the flags and did so “in order to comply with section 1724-E of the fiscal code.” Asked whether lawmakers from the legislature’s Republican majority influenced the recent action, the representative repeated: “All I can say is the Department of General Services removed the flag in order to comply with section 1724-E of the fiscal code.”
Marijuana Moment reached out to the offices of the Senate majority leader and House speaker for comment, but representatives did not respond by the time of publication.
Defying the flag order is par for the course for Fetterman, a longtime marijuana reform advocate who is weighing a run for the U.S. Senate. His enthusiastic embrace of the issue has often put him in the spotlight, and he said he’d take that advocacy to Congress if he ultimately decides to enter the race and is elected.
“I’m the only person that’s actually called out my own party for its failure to embrace it when it is appropriate,” he said, referring to his repeated criticism of the Democratic National Committee’s rejection of a pro-legalization platform. “There has never been—or would ever be—a more committed advocate to ending this awful superstition over a plant for the United States.”
🚨🚨 PENNSYLVANIA *AND* DNC IS BEING LAPPED ON LEGAL WEED BY THE DAKOTAS NOW
— John Fetterman (@JohnFetterman) January 26, 2021
On his campaign website, the lieutenant governor touts his role in leading a listening tour across the state to solicit public input on the policy change. He noted that, following his efforts, Gov. Tom Wolf (D) “announced his support for legalization for the first time.”
It remains to be seen when legalization will happen in Pennsylvania, however. Despite Fetterman and Wolf’s support for legalization and the pressure they’re applying on lawmakers, convincing Republican legislative leaders to go along with the plan remains a challenge.
Fetterman previously told Marijuana Moment that pursuing reform through the governor’s budget request is a possibility. But in the meantime the administration is exploring the constitutionality of issuing “wholesale pardons for certain marijuana convictions and charges.”
Since adopting a pro-legalization position in 2019, Wolf has repeatedly called on the legislature to enact the policy change. He’s stressed that stressed that marijuana reform could generate tax revenue to support the state’s economic recovery from the coronavirus pandemic and that ending criminalization is necessary for social justice.
In September, he took a dig at the Republican-controlled legislature for failing to act on reform in the previous session. And in August, he suggested that the state itself could potentially control marijuana sales rather than just license private retailers as other legalized jurisdictions have done.
Fetterman previously said that farmers in his state can grow better marijuana than people in New Jersey—where voters approved a legalization referendum in November—and that’s one reason why Pennsylvania should expeditiously reform its cannabis laws.
He also hosted a virtual forum where he got advice on how to effectively implement a cannabis system from the lieutenant governors of Illinois and Michigan, which have enacted legalization.
Shortly after the governor announced that he was embracing the policy change, a lawmaker filed a bill to legalize marijuana through a state-run model.
A majority of Senate Democrats sent Wolf a letter in July arguing that legislators should pursue the policy change in order to generate revenue to make up for losses resulting from the COVID-19 pandemic.
Photo courtesy of Twitter/John Fetterman.
Hawaii Could Legalize Psychedelic Mushroom Therapy Under New Senate Bill
Hawaii could legalize the use of psychedelic mushrooms for therapy under a newly filed bill in the state legislature.
The measure, if approved, would direct the state Department of Health to “establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn,” two psychoactive substances produced by certain fungi.
It would also remove the two compounds from the state’s list of Schedule I controlled substances and create a seven-person psilocybin review panel to assess the impacts of the policy change.
Few other specifics are provided in the bill, SB 738, introduced in the state Senate on Friday. It doesn’t specify who would qualify for the therapy, for example, or how precisely the drugs—which remain federally illegal—would be administered. The legislation simply says the Department of Health “shall adopt rules” in accordance with state law.
The new legislation comes less than a year after Hawaii lawmakers introduced bills to begin studying the therapeutic use of psychedelic mushrooms with the goal of eventually legalizing them, though those measures did not advance.
Entheogens—including other substances like ayahuasca and ibogaine—have emerged as a promising treatment for severe depression, anxiety and other conditions, although research remains ongoing.
In November, voters in Oregon approved a ballot measure to legalize psilocybin therapy that the state is now in the process of implementing.
The new Hawaii bill was introduced by Sens. Stanley Chang, Laura Clint Acasio, Les Ihara Jr. and Maile Shimabukuro, all Democrats. It has not yet been scheduled for a hearing, according to the state legislature’s website.
Marijuana Moment is already tracking more than 400 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.
The Hawaii proposal is one of a growing number of broader reform bills to have been introduced across the country this year as the debate on drug policy moves beyond marijuana. A measure introduced in New York earlier this month would remove criminal penalties for possessing small amounts of any controlled substance, instead imposing a $50 fine. Similar measures are expected to be introduced in California and Washington State this year.
A Florida lawmaker recently announced plans to introduce legislation to legalize psilocybin for therapeutic purposes in the state.
Lawmakers in New Jersey last month sent a bill to Gov. Phil Murphy (D) that would reduce criminal charges for the possession of psilocybin, but so far Murphy hasn’t signed the measure.
Voters, meanwhile, have been broadly supportive of drug reform measures in recent years. In addition to the psilocybin. measure, Oregon voters in November also approved an initiative to decriminalize possession of all drugs. Washington, D.C. voters overwhelmingly enacted a proposal to decriminalize the possession of psychedelics.
Despite the growing discussion of drug reform at statehouses across the country, some high-profile advocates are setting their sights on the 2022 election. Dr. Bronner’s CEO David Bronner, a key financial backer of successful reform efforts in Oregon, told Marijuana Moment last month that he’s expecting both Washington state and Colorado voters will see decriminalization or psilocybin therapy on their 2022 ballots.
Meanwhile, a new advocacy group is pushing Congress to allocate $100 million to support research into the therapeutic potential of psychedelics.
Photo courtesy of Wikimedia/Workman
Minnesota Governor Urges Lawmakers To Pursue Marijuana Legalization Amid Budget Talks
The governor of Minnesota on Tuesday implored the legislature to look into legalizing marijuana as a means to boost the economy and promote racial justice.
During a briefing focused on his budget proposal for the 2022-23 biennium, Gov. Tim Walz (D) was asked whether he is open to allowing sports betting in the state to generate tax revenue. He replied he wasn’t closing the door on that proposal, but said he is more interested in seeing lawmakers “take a look at recreational cannabis.”
Not only would tax revenue from adult-use marijuana “dwarf” those collected through sports betting, he said, but legalization would also help address “the equity issue and, quite honestly, the racial impact of our cannabis laws.”
Watch the governor discuss marijuana legalization below:
“I will say this, I will certainly leave open that possibility. Our neighboring states have done both of those things,” Walz said of legalizing sports gambling and cannabis. “I obviously recognize that that’s not a 100 percent slam dunk for people, and they realize that there’s cost associated with both. But my message would be is, I don’t think this is the time for me to say I’m shutting the door on anything.”
The Minnesota governor did say in 2019, however, that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.
Earlier this month, the House majority leader said he would again introduce a bill to legalize marijuana in the new session. And if Senate Republicans don’t go along with the reform, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.
Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.
House Speaker Melissa Hortman (D) said this month that “Senate Republicans remain the biggest obstacle to progress on this issue.”
“Minnesota’s current cannabis laws are doing more harm than good,” she told The Center Square. “By creating a regulatory framework we can address the harms caused by cannabis and establish a more sensible set of laws to improve our health care and criminal justice systems and ensure better outcomes for communities,” she said.
Senate Majority Leader Paul Gazelka (R), for his part, said that while he would be “open to expanding medical use or hearing criminal justice reforms,” he doesn’t “believe fully legalized marijuana is right for the state.”
“Other states that have legalized marijuana are having issues with public safety,” he argued, “and we are concerned that we haven’t fully seen how this works with employment issues, education outcomes and mental health.”
Last month, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.
Another factor that might add pressure on lawmakers to enact the reform is the November vote in neighboring South Dakota to legalize adult-use cannabis.
Also next door, Wisconsin Gov. Tony Evers (D) is pushing lawmakers to enact marijuana reform and recently said that he is considering putting legalization in his upcoming budget request.
Photo courtesy of Philip Steffan.