An amendment that would block the Justice Department from using funds to intervene in state and territory marijuana laws was debated on the House floor on Wednesday, with consideration of additional cannabis-related measures scheduled for later this week.
In a voice vote, the chamber approved the amendment—introduced by Reps. Earl Blumenauer (D-OR), Tom McClintock (R-CA) and Eleanor Holmes Norton (D-DC)—as well as a separate measure that extends the same protection to tribal lands where cannabis has been legalized.
While no lawmakers spoke in opposition to the tribal measure, and a roll call vote was not requested, the state and territory amendment still requires a recorded vote for final passage through the House. And the ultimate fates of both measures are unknown as the Senate prepares to consider companion legislation.
The last time a similar amendment to shield state marijuana laws from federal interference was up for consideration in 2015, it came just nine flipped votes short of passage on the House floor. But in the years since, the number of states with legal marijuana has more than doubled and now includes large states like California and Michigan that have vast constituencies who stand to benefit from the protection—with Illinois just a supportive governor’s signature away.
The Justice Department is already barred from interfering in state medical cannabis programs under a separate, more limited rider that’s been enacted each year since 2014.
Language of the broader amendment stipulates that federal law enforcement agencies cannot use funds to stop states and territories “from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana.”
In a floor debate before the voice vote, Blumenauer pointed to shifting public opinion in favor of marijuana reform.
“This is what the American people have demanded, why it is now legal in 33 states,” he said. “It is supported by two-thirds of the American public, and 90 percent for medical marijuana. It’s time that we extend this protection to state-legal activities so they can drive and move forward.”
“We’re watching the growth of this industry, a multibillion-dollar industry. We’re watching state after state move forward,” he said. “Every one of us on the floor of the House who are here now represent areas that have taken action. We have had embedded in our legislation protections for medical marijuana. And this would simply extend that same protection to prevent the Department of Justice interfering with adult use. I strongly, strongly urge that we build on the legacy that we’ve had in the past, that we move this forward to allow the federal government to start catching up to where the rest of the states are.”
Norton, whose constituents in Washington, D.C. voted to approve marijuana legalization in 2014, decried Congress’s longtime interference in the city’s affairs.
Thanks to @repblumenauer for working with me to treat DC as a state in our amendment that prohibits @TheJusticeDept from interfering with state marijuana laws. The amendment is expected to pass the House tomorrow for the first time ever. pic.twitter.com/6sGGpb0sLz
— Eleanor Holmes Norton (@EleanorNorton) June 19, 2019
“The District has insisted that Congress cease interfering with our desire to commercialize adult-use marijuana, and I appreciate that D.C. is included with the states that have the same goal,” she said of the amendment. “This amendment is a breakthrough.”
I'll soon speak on the House floor. My thanks to my good friend @repblumenauer for ensuring our amendment covers the District of Columbia in prohibiting the DOJ from using its funds to prevent jurisdictions from implementing their own medical and recreational marijuana laws.
— Eleanor Holmes Norton (@EleanorNorton) June 19, 2019
Rep. Robert Aderholt (R-AL) spoke against the measure.
“This proposal would prevent federal law enforcement from enforcing current law, from protecting public health and ensuring community safety,” he said. “Claims of benefits from smoked or ingested marijuana are anecdotal and generally outright fabrication. It is established by fact that such marijuana use has real health and real social harms.”
“This amendment that’s before us sends the wrong message about widely abused drugs in the United States,” he continued. “The amendment ignores the problems of abuse and sends the false message to youth that smoking marijuana is healthy.”
Blumenauer countered that marijuana’s current classification under federal law isn’t supported by the science.
“If we were rescheduling drugs today, cannabis probably wouldn’t be scheduled at all. And what would be schedule I is tobacco, which is highly addictive and deadly,” he said.
While Blumenauer voiced confidence that the amendment would pass when it comes up for a roll call vote, expected on Thursday, that doesn’t necessarily mean that the body’s Democratic leadership is whipping for support.
Blumenauer told Marijuana Moment in a brief interview on Wednesday that the amendment is “being whipped by people who care about it,” referring to its sponsors and supporters.
Rep. Steve Cohen (D-TN) said “it’s not their priority,” referring to Democratic leadership.
“Each state is different and I think members have to vote their district, so I don’t know that leadership will necessarily whip it,” Rep. Linda Sanchez (D-CA) told Marijuana Moment. “I don’t know really if leadership should, because ultimately members are going to do what they think is best for their politics back home.”
Meanwhile, the amendment enjoys support from a coalition of fiscally conservative thought leaders, including Michelle Minton, senior fellow at the Competitive Enterprise Institute, and Grover Norquist, president of Americans for Tax Reform.
“Though we vary in our opinions on marijuana legalization, the signatories to this letter are in strong accord when it comes to the matter of the level of government to which this question should be left: with the states,” they wrote in a sign-on letter that was released on Wednesday.
Rep. Tom Cole (R-OK), who has historically voted against cannabis measures, told Marijuana Moment that “increasingly as voters go to the ballot box, you’re finding increasing support in [reform]” and that “there’s broadly a movement in that direction.”
At the same time, anti-legalization group Smart Approaches To Marijuana circulated a one-pager on the Hill on Wednesday, claiming that the amendment would fuel the opioid epidemic.
Blumenauer’s separate measure would make it so the Justice Department couldn’t use its resources to block Indian tribes “from enacting or implementing tribal laws that authorize the use, distribution, possession, or cultivation of marijuana.” Rep. Deb Haaland (D-NM), one of the first Native American women ever elected to Congress, cosponsored the amendment.
“Tribes have an interest in being able to conduct activities that deal with cannabis,” Blumenauer said on the floor. “It is a multibillion-dollar growth industry. It provides opportunities for health, economic development, recreational activities. The states have been granted a certain amount of latitude moving into this space, but the tribes have been denied.”
ALERT 🚨: Major victory!
Today, the first ever amendment to protect tribal cannabis programs passed the House without opposition. While I continue to work with @RepDebHaaland on our larger movement to legalize, we must protect tribal sovereignty.
— Earl Blumenauer (@repblumenauer) June 19, 2019
“It’s ironic—this is a substance that has been used by tribes for healing going back millennia. And there’s an opportunity for them to be able to be part of an economic opportunity that is taking place across the country. We need to grant them that authority,” he said. “I hope that there is a recognition that tribes deserve this latitude and this empowerment. And that we vote in favor of it to allow them to proceed as has taken place in states around the country.”
In a press release, Haaland, who is co-chair of the Congressional Native American Caucus, said that “tribal cannabis programs are giving Native American communities access to diverse revenue streams.”
“This amendment is important to ensure tribes can exercise their rights as sovereign nations and rightfully reflects that to promote self-determination while maintaining the economic opportunities that come with them,” she said.
Separately on Wednesday as part of a voice-vote approval of a bloc of noncontroversial amendments, the House signed off on a measure to add the U.S. Virgin Islands to the list of jurisdictions protected by the funding bill’s existing medical cannabis rider. It had been inadvertently omitted from the language when the legislation was introduced.
Even setting aside the roll call votes yet to come on the state-focused measure, the House is far from done considering marijuana amendments to the overall large-scale spending bill funding parts of the federal government for Fiscal Year 2020.
On Tuesday, the House Rules Committee also made in order measures to block the U.S. Department of Veterans Affairs from punishing doctors that issue medical cannabis recommendations in states where it’s legal and directing the Food and Drug Administration to develop guidelines that would allow certain levels of CBD in the food supply and as health supplements.
Another Rules-approved amendment, introduced by Rep. Alexandria Ocasio-Cortez (D-NY), would take $5 million from Drug Enforcement Administration and distribute it to an opioid treatment program.
This isn’t the freshman congresswoman’s first time floating a bold drug policy measure. Last week, her amendment to a separate appropriations bill that would have lifted barriers to research for psychedelic substances including psilocybin and MDMA was advanced by the Rules Committee but defeated on the House floor.
While the successful voice votes on the Justice Department-focused amendment is a positive signal for reform advocates, Thursday’s roll call votes will show just how far lawmakers are willing to go to protect cannabis consumers and patients in states that have decided to legalize.
Aaron Houston contributed reporting for this story from Washington, D.C.
Image element courtesy of Tim Evanson.
Congressman Visits Marijuana Dispensary On Behalf Of Bernie Sanders’s Presidential Campaign
A congressman and staffers for Sen. Bernie Sanders’s (I-VT) presidential campaign toured a marijuana dispensary in Las Vegas on Monday and discussed the need for federal cannabis reform.
Rep. Mark Pocan (D-WI), who endorsed Sanders’s bid for the White House last week, shared photos on Twitter from the visit to NuWu Cannabis, a tribal-owned shop that features a consumption lounge and a drive-thru where consumers can buy marijuana products.
After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—@BernieSanders marijuana legalization plan will do just that. pic.twitter.com/XFWmIZKuus
— Mark Pocan (@MarkPocan) January 21, 2020
“After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—[Sanders’s] marijuana legalization plan will do just that,” the congressman tweeted.
While the 2020 Democratic presidential candidate wasn’t scheduled to attend the shop and has since had to drop campaign stops in order to participate in the Senate’s impeachment trial of President Donald Trump, Pocan and Nevada campaign staff were there on his behalf, Tick Segerblom, a Clark County commissioner and former state senator who helped coordinate the event, told Marijuana Moment.
“We showed him around, explained on how it works, explained how it’s organized under state law,” Segerblom said of Pocan. “He said he’d never seen anything like it.”
The congressman also talked with business owners about the importance of social equity within the marijuana industry. He didn’t purchase or sample any cannabis products, however.
Segerblom said that while Sanders wasn’t able to attend this tour, he believes it’s important for the candidate to participate in such events and talk about his reform agenda to distinguish himself in the race.
“There’s a lot of people who will vote on this issue, and since [former Vice President Joe Biden] has come out against legalizing cannabis, I think it’s a very important issue for him to emphasize,” he said.
It’s fitting that Pocan would tour a tribal-owned cannabis business, as he was the chief sponsor of a 2016 bill that would have protected tribes from losing federal funds if they enact a legal marijuana program. Although the congressman represents Wisconsin, which doesn’t even have a comprehensive medical cannabis program let alone full adult-use legalization, he has cosponsored several cannabis reform bills this Congress, including two that would end federal prohibition.
State-legal dispensaries are getting a lot of high-profile attention from politicians lately. For example, former South Bend, Indiana Mayor Pete Buttigieg visited a Las Vegas marijuana shop last year, Rep. Julia Brownley (D-CA) paid a visit to a California dispensary and Sen. Ron Wyden (D-OR) toured a business that makes CBD-infused chocolates.
Photo courtesy of Rep. Mark Pocan.
New Vermont Bill Would Decriminalize Psychedelics And Kratom
Vermont lawmakers filed a bill on Wednesday that would decriminalize three psychedelic substances as well as kratom.
Rep. Brian Cina (P/D) introduced the legislation, which would amend state law to carve out exemptions to the list of controlled substances. Psilocybin, ayahuasca, peyote and kratom would no longer be regulated under the proposal.
Cina told Marijuana Moment in a phone interview that he decided to pursue the policy change based on a “belief that I share with many people around the world that plants are a gift from nature and they’re a part of the web of life that humans are connected to.”
“Plants, especially plant medicines, should be accessible to people,” he said. “Use of plant medicine should be considered a health care issue, not a criminal issue.”
Whether plant medicines are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize healing practices that go back to the very roots of our humanity. https://t.co/hRDWWqa7yb
— Brian Cina (@briancinavt) January 22, 2020
While it remains to be seen whether the legislature will have the appetite to pursue the policy change, the bill’s introduction represents another sign that the psychedelics reform movement has momentum. Activists in about 100 cities across the U.S. are working to decriminalize a wide range of entheogenic substances, but the Vermont proposal is unique in that it’s being handled legislatively at the state level.
Text of the bill states that the four substances are “commonly used for medicinal, spiritual, religious, or entheogenic purposes.”
Larry Norris, cofounder of the national psychedelics reform group Decriminalize Nature, told Marijuana Moment that he’s especially encouraged by the use of the word “entheogenic,” a term that advocates are hoping to bring into the mainstream to more accurately describe the type of substances they want to decriminalize.
“It is exciting to see emerging interest at the state legislative level to support decriminalizing natural plants and fungi that are ‘commonly used for medicinal, spiritual, religious, or entheogenic purposes,'” he said. “The fact that the word entheogenic is making its way into the legislative lexicon speaks volumes for the shift in perspective that is happening nationwide.”
“While we were not involved in the drafting of this legislation, we look forward to offering any support and guidance to Representative Brian Cina in Vermont or any future state legislators aiming to decriminalize entheogenic plants and fungi,” Norris said.
Denver became the first city in the nation to decriminalize psilocybin mushrooms last year, followed by a unanimous City Council vote in Oakland to make a wide range of psychedelics among the city’s lowest law enforcement priorities. And while lawmakers have been comparatively slow to raise the issue in legislatures, activists in Oregon are working to put a therapeutic psilocybin initiative on the state’s 2020 ballot and, separately, a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment. In California, meanwhile, advocates are aiming to put psilocybin legalization before voters in November.
Part of the motivation behind the legislation was “recognizing that the decriminalization of mushrooms seems to be a next step in other places, and thinking that it might have greater success if we can make the point that in the path of decriminalization, the next step after cannabis is psilocybin mushrooms,” Cina said. “It was important for me to make a point about the significance of plants.”
“What it goes back to for me ultimately is that any kind of use of substances should be treated as a health care matter, not a criminal issue,” he said. “Whether those substances are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize a behavior that goes back to the very roots of our humanity.”
The bill currently has three cosponsors and has been referred to the Judiciary Committee. One of the cosponsors, Rep. Zachariah Ralph (P/D) told Marijuana Moment that he supports “the legalization of psychedelics because prohibition, generally, does not to work, and has continued to be enforced disproportionally against low income and minority communities.”
“Research at Johns Hopkins University and other facilities around the country on the medicinal use of psilocybin mushrooms are showing some promising results as a long term treatment of depression, addiction and anxiety,” he said. “This is especially important today as we deal with increased rates of suicides and drug overdoses across the nation and especially in Vermont.”
The bill’s introduction also comes as Vermont lawmakers express optimism about the prospects of expanding the state’s cannabis law to allow commercial sales.
While Gov. Phil Scott (R) has previously voiced opposition to allowing retail marijuana products to be sold, citing concerns about impaired driving, he recently indicated that he may be open to taxing and regulating the market. And according to top lawmakers in the state, the legislature is positioned to advance a cannabis commerce bill this session, with most members in favor of the reform move.
Vermont made history in 2018 by becoming the first state to pass marijuana legalization through the legislature, albeit with a noncommercial grow-and-give model. Now the question is whether lawmakers there will again make history by taking up psychedelics reform and decriminalizing these substances at the state level for the first time.
“We’ve decriminalized and then legalized and now might be regulating and taxing marijuana, which is a plant medicine,” Cina said. “But there are these other plant medicines that have been left behind.”
A Republican lawmaker in Iowa filed a bill to legalize certain psychedelics for medical purposes last year, but it did not advance.
Photo courtesy of Wikimedia/Mushroom Observer.
Mexican Lawmakers Plan To Pass Amended Marijuana Legalization Bill Before End Of April
An amended bill to legalize and regulate marijuana sales in Mexico is being circulated among lawmakers, setting the stage for a renewed reform push as the legislature goes back into session next month.
The new proposal, which was jointly submitted by the Justice and Health Committees, would allow adults to possess up to 28 grams of cannabis for personal use and cultivate up to six plants. Individuals could apply for a license to possess more than 28 grams but no more than 200 grams.
While Sen. Ricardo Monreal Ávila of the ruling MORENA party said the measure is not final, it’s a next step in the process. He said he’ll be meeting with Interior Secretary Olga Sánchez Cordero and Julio Scherer, legal advisor to the president, next week to discuss cannabis reform legislation.
Under the proposed bill, those who possess an amount of marijuana between 28 and 200 grams would be charged a fine amounting to roughly $560, while stricter penalties would be imposed for possession of more than 200 grams.
The Mexican Cannabis Institute, a new regulatory body, would be responsible for issuing business licenses and developing rules for the market. The bill also contains provisions aimed at promoting social equity, such as prioritizing cultivation licenses for individuals from communities most impacted by the drug war.
The institute would also be able to issue grants for research into the cultivation of cannabis for commercial use, according to Milenio.
The introduction of this revised legislation comes more than a year after the nation’s Supreme Court deemed federal laws prohibiting personal marijuana possession and cultivation unconstitutional—a ruling that was followed by a legislative mandate to end the policy. In the months since, lawmakers have worked to develop a regulatory scheme to legalize the plant for adult use.
But while there was progress—with the Senate holding numerous public educational meetings, including one that featured a former White House drug czar—the legislature was unable to reach a compromise on a passable bill before the court’s October 2019 deadline, prompting leading lawmakers to request an extension.
The Supreme Court agreed to extend the deadline for a policy change to April 30.
The new bill going before the Congress is largely similar to the one that Senate committees unveiled just before the earlier deadline, but there have been some minor changes. For example, it amends the business licensing scheme. There will be five types of licenses that the institute can issue: cultivation, transformation, marketing, exports/imports and research.
Monreal stressed that “there is nothing ensured yet” in terms of the prospects for the new draft legislation being passed as written.
— Senadores Morena (@MorenaSenadores) January 21, 2020
“There are those who are not in favor even of the legislation in this matter, so all that we have to pick it up and translate it into the will expressed on the opinion,” he said, adding that the legislature still hopes to pass legalization before the April deadline.
Read the full draft Mexican marijuana legalization bill below: