A major congressional subcommittee will hold a hearing on marijuana policy next week, Marijuana Moment has learned.
Though few details about the meeting are currently available, the House Judiciary Crime, Terrorism and Homeland Security Subcommittee is expected to discuss various legislative proposals to allow states to set their own cannabis policies without fear of federal intervention.
Several sources who did not wish to be be identified shared with Marijuana Moment the names of witnesses expected to soon receive formal invitations to testify before the panel on Wednesday, July 10. Given the backgrounds of these individuals, it seems apparent that committee members will be discussing not whether the U.S. should end federal cannabis prohibition, but will focus primarily on how to do it.
Witnesses are anticipated to include Malik Burnett, a physician at Johns Hopkins Bloomberg School of Public Health who previously served as the Washington, D.C. policy manager at the Drug Policy Alliance’s Office of National Affairs, where he helped lead a successful ballot initiative campaign to legalize cannabis in the nation’s capital in 2014.
Baltimore State’s Attorney Marilyn Mosby, who announced in January that her office would no longer prosecute cannabis possession cases and would work to clear the records of certain individuals with prior marijuana convictions, is also being invited to testify.
David Nathan, a physician and board president of the pro-legalization group Doctors for Cannabis Regulation (DFCR), will also appear before the committee.
He told Marijuana Moment that he looks “forward to discussing the evidence-based health effects of cannabis, the failure of prohibition, the inadequacy of decriminalization, and the public health and social justice benefits of effective regulation.”
“DFCR physicians have successfully fought for legalization in states around the country,” Nathan said. “Now DFCR is proud to advocate for the broad majority of Americans—both Republicans and Democrats—who want our government to remove cannabis from the Controlled Substances Act and finally end the specter of federal interference with state cannabis laws.”
Finally, Neal Levine, CEO of Cannabis Trade Federation, will be the minority witness—which is noteworthy in and of itself, as Levine advocates for legalization, while one might expect the minority Republican party to invite someone who shares an opposing perspective on ending prohibition.
“I cannot comment on what has not been announced publicly by the committee, but I would welcome the opportunity to share the perspective of our members,” Levine, who previously served as a staffer for the Marijuana Policy Project, told Marijuana Moment. “We are especially well positioned to discuss the challenges arising from the inconsistency between state and federal cannabis laws.”
(Full disclosure: the Cannabis Trade Federation and its affiliate CTF Action have sponsored Marijuana Moment.)
After this story was initially published, the subcommittee posted an official notice for the hearing. It is titled “Marijuana Laws in America: Racial Justice and the Need for Reform” and will begin at 10:00 AM ET.
While lawmakers aren’t expected to vote on any particular bill at the hearing, it will nonetheless be one of the most significant congressional developments on marijuana reform to date.
The Judiciary Committee, under which this subcommittee falls, wields particular influence in advancing broad changes to federal drug laws, and Rep. Earl Blumenauer (D-OR) designated it as the panel to bring about the end of cannabis prohibition in a blueprint to legalization in the 116th Congress.
“For the first time in recent memory, there will be a candid conversation in the Judiciary Committee about the failures of marijuana prohibition in the United States and how people have been impacted,” Justin Strekal, political director of NORML, told Marijuana Moment. “We look forward to working with the subcommittee to best inform the conversation and the public at large.”
Legislation that could be marked up by the panel in the future includes the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, the Marijuana Justice Act, the Marijuana Freedom and Opportunity Act and the Ending Federal Marijuana Prohibition Act.
Rep. Jerrold Nadler (D-NY), chairman of the Judiciary Committee, is also said to be working on his own bill to end federal marijuana prohibition, but no details have yet been announced.
Notably, every single Democratic member of the full Judiciary Committee, including the chairman, voted in favor of amendment protecting cannabis programs in all states, U.S. territories and Washington, D.C. from Justice Department intervention last month. Six Republican members of the panel joined them in support of the measure, which was attached to spending legislation that has since cleared the House. The bipartisan nature of that vote indicates that further reform legislation stands a strong chance of passing in the committee.
Besides Blumenauer’s House-passed amendment protecting cannabis programs, this Congress has also seen several other hearings on cannabis issues. The House Veterans’ Affairs Committee discussed four pieces of legislation concerning veterans and marijuana last month, and the House Small Businesses Committee also convened to address opportunities and barriers for small cannabis businesses under the federal framework of prohibition.
In March, a bipartisan bill that would provide protections for banks that service cannabis businesses cleared the House Financial Services Committee following a hearing on the issue, and a full floor vote on that legislation could be coming soon.
Unlike the new Judiciary hearing, the minority witnesses at the Financial Services and Small Business hearings—representatives of the prohibitionist group Smart Approaches to Marijuana and the Heritage Foundation, respectively—opposed legalization.
This story was updated to note the title and time of the hearing.
Image element courtesy of Tim Evanson.
New York Legal Marijuana Push ‘Effectively Over’ For 2020, Governor Says
New York Gov. Andrew Cuomo (D) conceded on Saturday that it’s unlikely marijuana will be legalized in the state this year.
“Marijuana and the gig economy were two of the more complicated initiatives that we wanted to work through that we didn’t get a chance to do,” he said in response to a question about which policy issues he would’ve liked to tackle in the annual budget bill that passed this week.
“Is the session effectively over? It’s up to the legislature, but I think it’s fair to say it’s effectively over,” he added, noting that several state lawmakers have been infected with coronavirus.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Congresswoman Wants Ban On DC Marijuana Sales Lifted Through Coronavirus Legislation
A congresswoman is calling on the government to end a policy prohibiting Washington, D.C. from legal marijuana sales, arguing that the jurisdiction is in particular need of tax revenue from cannabis commerce due to the coronavirus outbreak.
Rep. Eleanor Holmes Norton (D-DC) has repeatedly condemned the congressional rider barring the District of Columbia from allowing retail sales that has been extended each year since 2014, shortly after local voters approved a ballot measure to legalize low-level possession and home cultivation. But given the need for resources to combat the pandemic, she said a reversal of the provision should be included in the next COVID-related relief bill.
“At this moment of unparalleled need, D.C. should be able to collect tax revenue from all available sources, like every other jurisdiction, including from recreational marijuana, which is believed to be widely used in the District,” the congresswoman said in a press release on Friday, adding that D.C. was shorted in the last stimulus because Congress treated it as a territory rather than a state.
“While I am working for a retroactive fix in the next coronavirus bill, it is imperative that Congress also repeal the D.C. recreational marijuana commercialization rider in the next bill to help D.C. shore up its finances,” she said. “It is beyond unreasonable that congressional interference keeps only the District from commercializing recreational marijuana, while all other jurisdictions are free to do so.”
— Eleanor Holmes Norton (@EleanorNorton) April 3, 2020
“Bringing the District in line with other jurisdictions would create a critical source of tax revenue in our time of need.”
Last year, the House approved an appropriations bill that excluded the D.C. rider, but it was included in the Senate version and ultimately made its way into the final package that the president signed. The cannabis commerce ban was also included in President Trump’s budget proposal earlier this year.
“True to form, Representative Eleanor Holmes Norton continues to be one of the best allies to the cannabis reform movement,” Justin Strekal, political director for NORML, told Marijuana Moment. “During this unprecedented COVID-19 outbreak, it is critical that lawmakers analyze and reform any and every aspect of public policy to mitigate the health crisis and build a foundation for a strong recovery.”
“As the majority of states that regulate cannabis have deemed the industry essential to the continued functioning of their jurisdictions, the continued congressional prohibition of the District of Columbia enacting it’s own adult-use program becomes even more ridiculous,” he added.
Norton, in an interview about her push, said that the congressionally mandated prohibition on sales doesn’t prevent people from accessing cannabis but does block the city from collecting tax revenue.
“You can buy two ounces but, by the way you’ve got to do that on the black market,” she told WUSA-TV. “But there’s nobody to tax it. And I’m simply trying to get the taxes the District is due for merchandise, in this case marijuana that’s being consumed readily in the District of Columbia.”
🟢🟢 LEGALIZING COMMERCIAL MARIJUANA IN D.C. 🟢🟢
I spoke to D.C.'s Delegate @EleanorNorton
She's pushing for fully legal commercial marijuana sales in the District in a 4th Congressional stimulus package.
The District needs the money.
And people are smoking weed anyway. pic.twitter.com/PL9yoDKlrj
— Adam Longo (@adamlongoTV) April 3, 2020
Legislative priorities for Congress have shifted significantly as lawmakers attempt to address the outbreak, and that’s meant putting some reform efforts on hold. However, the issue isn’t being ignored entirely, and it’s possible that other members may look to attach modest marijuana proposals to additional coronavirus legislation.
For example, Rep. Katherine Clark (D-MA) said this week that U.S. Department of Veterans Affairs policy preventing its doctors from recommending medical cannabis in legal states puts service members at risk in Massachusetts because the state is shuttering recreational shops (but not medical dispensaries) and some veterans fear registering as patients out of concern that they could lose federal benefits.
Eleven senators wrote a letter to Appropriations Committee leadership asking that they allow small cannabis businesses to access federal loans and disaster relief programs. While the lawmakers said it should be enacted through an annual spending bill, advocates have argued that the policy change should be pursued through coronavirus legislation since these businesses are facing challenges just like those experienced by many other companies during the pandemic.
Photo courtesy of WeedPornDaily.
North Dakota Activists Say Marijuana Legalization Initiative Unlikely In 2020 Due To Coronavirus
North Dakota activists announced on Thursday that they are suspending their campaign put marijuana legalization on the November ballot due to the coronavirus outbreak.
In a Facebook post, Legalize ND said “we are going to have to face a few hard realities going forward” as businesses are shuttering, public events are being cancelled and individuals are encouraged to shelter in place. The pandemic means in-person signature gathering can’t take place, and the state does not allow for alternative signing options such as by mail or online.
“Due to the virus all of our major avenues for signature collection have been cancelled or indefinitely postponed, and going door to door is not safe for both those knocking and those getting knocked,” the group said. “Businesses will continue to collect, but we don’t want to create another vector for the coronavirus. As a result, at this time if something major doesn’t change we will not be able to make the 2020 ballot.”
Legalize ND said there’s no way for state policies related to signature gathering to be changed ahead of the November election. They needed to collect 13,452 valid signatures from voters before July 6 in order to qualify. In all likelihood, the campaign said it would have to shift its focus to the July 2022 primary election.
“This isn’t the solution we want, but given the situation it is what will have to happen,” the post states. “Stay safe, and hopefully we can make a major push when the quarantine ends.”
The proposed initiative would allow individuals to purchase and possess up to two ounces of cannabis. Unlike a much more far-reaching measure the same group pushed in 2018 that included no possession or cultivation limits, which voters rejected, this version would prohibit home growing, impose a 10 percent excise tax and establish a regulatory body to approve licenses for marijuana businesses.
North Dakota voters approved a medical cannabis initiative in 2016.
The coronavirus outbreak has dealt several blows to drug policy reform efforts in recent weeks.
Likewise in Washington, D.C., advocates for a measure to decriminalize psychedelics asked the mayor and local lawmakers to accept online signatures for their ballot petition.
In Oregon, advocates for a measure to decriminalize drug possession and a separate initiative to legalize psilocybin for therapeutic purposes have suspended in-person campaign events amid the pandemic.
In New York, Gov. Andrew Cuomo (D) recently conceded that legalization was “not likely” going to happen through the budget, as he hoped. Coronavirus shifted legislative priorities, and comprehensive cannabis reform seems to have proved too complicated an issue in the short-term.
Idaho activists announced on Thursday that they are suspending their campaign, though they are still “focusing on distributing petitions through online download at IdahoCann.co and encouraging every volunteer who has downloaded a petition to get them turned in to their county clerk’s office by mail, regardless of how many signatures they have collected.”
Finally, in Arizona, a legalization campaign is petitioning the state Supreme Court to instruct the secretary of state to allow individuals to sign ballot petitions digitally using an existing electronic system that is reserved for individual individual candidates seeking public office.
Photo courtesy of Philip Steffan.