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Congress Votes To Block Feds From Enforcing Marijuana Laws In Legal States

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The House of Representatives approved a far-reaching measure on Thursday to prevent the Department of Justice from interfering with state marijuana laws, including those allowing recreational use, cultivation and sales.

The amendment, which also shields cannabis laws in Washington, D.C. and U.S. territories, is now attached to a large-scale appropriations bill to fund parts of the federal government for Fiscal Year 2020.

The inclusion of adult-use programs represents a significant expansion of an existing policy that protects only local medical cannabis laws from federal intervention which was first enacted in 2014 and has since been extended through annual spending bills.

The broader rider was approved in a floor vote of 267 to 165, a tally that is considered by legalization supporters to be an indication of how much support there is in Congress for more comprehensive and permanent changes to federal marijuana policies.

“This is the most significant vote on marijuana reform policy that the House of Representatives has ever taken,” said NORML Political Director Justin Strekal. “Today’s action by Congress highlights the growing power of the marijuana law reform movement and the increasing awareness by political leaders that the policy of prohibition and criminalization has failed.”

Cannabis Trade Federation CEO Neal Levine agreed with the importance of the legislative victory.

“The historic nature of this vote cannot be overstated,” he said. “For the first time, a chamber of Congress has declared that the federal government should defer to state cannabis laws.”

Aaron Smith, executive director of the National Cannabis Industry Association, called the vote “without a doubt the biggest victory for federal cannabis policy reform to date, and a hopeful sign that the harmful policies of marijuana prohibition will soon be a relic of the past.”

The measure, sponsored by Reps. Earl Blumenauer (D-OR), Eleanor Holmes Norton (D-DC) and Tom McClintock (R-CA), would bar the Department of Justice from spending money to prevent states and territories from “implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana.”

In 2015, a nearly identical measure came just nine flipped votes short of passage on the House floor. Since then, the number of states with full legalization laws has more than doubled, meaning that far more lawmakers now represent constituents who stand to benefit from its protections.

“The end of marijuana prohibition has never been closer. When Drug Policy Alliance and a small band of allies first worked on this amendment in 2015, we were told that we didn’t stand a chance,” DPA Director of National Affairs Michael Collins said. “But we convinced members this was the right thing to do, and four years on, victory is sweet.”

“Now is the time for Democrats to pivot to passing legislation that will end prohibition through a racial justice lens, making sure that the communities most impacted by our racist marijuana laws have a stake in the future of legalization,” he said. “To do anything less would be to repeat an injustice.”

On Wednesday, the House approved a similar amendment protecting the marijuana laws of Indian tribes by a voice vote, and no member requested a roll call vote, so that language is also now attached to the spending bill.

“We’re watching the growth of this industry, a multibillion-dollar industry. We’re watching state after state move forward,” Blumenauer said in a floor debate on the state protection amendment on Wednesday evening. “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.”

In a letter circulated to colleagues prior to the vote, McClintock wrote that “the issue at hand is whether the federal government has the constitutional authority to dictate policy to states on an issue which occurs strictly within their own borders.”

“I do not believe the federal government has that authority, but even if it did, states should determine their own criminal justice policies,” he wrote. “This is how our constitutional system was designed to function.”

Don Murphy, director of federal policies for the Marijuana Policy Project, said that Blumenauer and McClintock “deserve credit for their early leadership on marijuana policy reform, which dates back to the days when it was just good policy, not good politics too.”

The fate of the cannabis measures in the Senate is unknown for now. Historically that chamber’s Appropriations Committee has been relatively open to attaching marijuana riders to spending bills, and has consistently approved the medical cannabis protections. But the body’s Republican leadership may be reluctant to take the further step of also tying the Justice Department’s hands when it comes to enforcing federal prohibition against licensed businesses and consumers in states that allow recreational marijuana use and sales.

House Democratic leadership urged their conference to support the measure in a whip email on Thursday, and only eight members of the party voted against it.

House Appropriations Committee

While the majority of Republicans voted against the rider, 41 GOP members supported it.

The passage of the state protection amendment comes despite congressional offices receiving an 11th-hour email saying Greenwich Biosciences, maker of the Food and Drug Administration (FDA)-approved CBD-based medication Epidiolex, wanted lawmakers to defeat it.

The message to congressional staff claimed that the measure is “overly broad and could be interpreted as impacting the ability of the DOJ to assist the FDA with any enforcement action that may need to be taken to ensure the public safety.”

But Collins, of DPA, pointed out that if that were true, it would also apply to the current medical cannabis rider that’s been part of federal law for nearly five years.

It “doesn’t pass the laugh test,” he said. “Who are Dems going to side with: Big Pharma or people trying to end the drug war?”

A company media representative didn’t respond to a phone message seeking comment.

Earlier on Thursday, the House approved an amendment from Rep. Jerry McNerney (D-CA) that directs the Food and Drug Administration to establish a process for regulating CBD in foods and dietary supplements.

Another measure passed in a voice vote, from Rep. Alexandria Ocasio-Cortez (D-NY), shifts $5 million away from the Drug Enforcement Administration toward an opioid treatment program.

An additional Ocasio-Cortez amendment aimed at removing barriers to research on psychedelic drugs such as psilocybin and MDMA was soundly defeated on the House floor last week.

The House is set to consider another amendment on the spending legislation in the coming days that would allow military veterans to receive medical marijuana recommendations from Department of Veterans Affairs doctors.

A separate spending bill moving through the House already contains language to protect banks from being punished for working with state-legal cannabis businesses and removes a longstanding rider that has prevented Washington, D.C. from spending its own local tax dollars to legalize and regulate marijuana sales.

Meanwhile, standalone cannabis legislation is also advancing.

comprehensive marijuana banking bill was cleared by the Financial Services Committee in March and is expected to receive a floor vote next month. The Veterans’ Affairs Committee held a hearing on four separate pieces of legislation concerning cannabis and military veterans on Thursday. And the Small Business Committee hosted a Wednesday hearing on issues facing cannabis firms, with the panel’s chairwoman announcing she would soon file a bill on the issue.

This piece was first published by Forbes.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Culture

Postal Service Unveils ‘Drug Free USA Forever’ Stamp Commemorating 1980s Anti-Drug Program

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The U.S. Postal Service (USPS) is rolling out a new stamp design that pays tribute to 1980s-era drug prevention programs and promotes a “drug-free USA.”

The stamps, which will go on sale starting in October 2020, were announced at the conclusion of this year’s Red Ribbon Week last month, an annual occurrence first launched under the Reagan administration.

“This Drug Free USA Forever stamp will help further raise awareness about the dangers of drug abuse, and the toll it is taking on families and communities around our country,” Robert Duncan, chairman of the USPS Board of Governors, said in a press release. “The Postal Service is glad to do its part in marking Red Ribbon Week, and renewing our commitment to helping these efforts to educate youth about the dangers of illegal drugs.”

Via USPS.

USPS explained that Red Ribbon Week originated after a Drug Enforcement Administration (DEA) agent was tortured and killed in Mexico while investigating drug traffickers in 1985.

“I am very pleased that the U.S. Postal Service will issue a stamp affirming our commitment to a drug-free America,” DEA Acting Administrator Uttam Dhillon said. “This stamp will help raise awareness of the fight against drug addiction and honor those who have dedicated their lives to that cause.”

A description of the design states that the stamp “features a white star with lines of red, light blue and blue radiating from one side of each of the star’s five points, suggesting the unity necessary at all levels to effectively address drug abuse.”

USPS isn’t applying anti-drug messaging to the cannabis component CBD anymore, however. In September, the agency clarified that hemp-derived CBD products can be mailed under certain circumstances since the crop and its derivatives were federally legalized under the 2018 Farm Bill.

For those with mailing needs who aren’t interested in supporting the notion of a “Drug Free USA,” USPS does have another stamp that recognizes the 50-year anniversary of the drug-fueled 1969 counterculture music festival Woodstock.

Via USPS.

The stamp “features an image of a dove along with the words ‘3 DAYS OF PEACE AND MUSIC,’ evoking the original promotional poster for the festival,” USPS says.

Another option is a John Lennon Forever stamp, celebrating the iconic Beatles member and marijuana enthusiast who famously got “high with a little help” from his friends.

Via USPS.

“Still beloved around the world, Lennon’s music remains an anchor of pop radio and continues to speak for truth and peace,” USPS wrote.

Top CDC Official Suggests Legal Marijuana Regulations Can Mitigate Vaping Injuries

Photo courtesy of Wikicommons.

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New Congressional Resolution Calls For Marijuana Legalization And Drug Expungements

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Rep. Ayanna Pressley (D-MA) released a congressional resolution on Thursday that calls for a fundamental reshaping of the criminal justice system, in part by legalizing marijuana and expunging all drug-related convictions.

The congresswoman’s “People’s Justice Guarantee” resolution outlines “a bold, new vision for justice in the American criminal legal system” that’s designed to “transform the U.S. criminal legal system to one that meets America’s foundational yet unfilled promise of justice for all.”

The ultimate goal of the measure is to reduce mass incarceration in the country through a series of reform steps that includes ending for-profit prisons, decriminalizing certain non-violent offenses, imposing caps on criminal sentences, abolishing the death penalty, expanding access to mental health services in prisons and reinvesting in communities that have been most impacted by “tough of crime” criminal policies.

Some have characterized the resolution as the “Green New Deal” of criminal justice reform, comparable in scope and ambition to the climate change plan championed by fellow “Squad” member Rep. Alexandria Ocasio-Cortez (D-NY).

Drug policy reform isn’t the main feature of the resolution, but it does call for “decriminalizing addiction, homelessness, poverty, HIV status, and disabilities, including mental health diagnosis, by legalizing marijuana and overdose prevention sites, declining to criminally prosecute low-level offenses such as loitering and theft of necessity goods, and expunging the records of individuals for all drug-related offenses.”

Interestingly, an earlier draft of the measure reportedly contained language specifying that law enforcement should “use civil citations instead of arrests for drug possession,” according to a paraphrase by a reporter with The Appeal who reviewed the document but later updated her story to reflect the version that was actually filed. A call for an 80 percent reduction in the prison population was also removed from the text.

It’s not clear if the provision on “decriminalizing addiction” in the final resolution would involve all drug possession offenses, or why Pressley apparently decided to scale back the scope of the measure from the draft her staff circulated to reporters. Marijuana Moment reached out to the congresswoman’s office for clarification but a representative was not immediately available.

The ACLU, Color of Change and National Immigrant Law Center are among several civil rights groups that have endorsed the resolution, which was created in concert with advocates from the National Immigration Law Center, Immigrant Legal Resource Center, Immigrant Defense Project, UndocuBlack Network and others.

“You cannot have a government for and by the people if it is not represented by all of the people,” Pressley said in a press release. “For far too long, those closest to the pain have not been closest to the power, resulting in a racist, xenophobic, rogue, and fundamentally flawed criminal legal system.”

“The People’s Justice Guarantee is the product of a symbiotic partnership with over 20 grassroots organizations and people impacted by the discriminatory policies of our legal system,” she said. “Our resolution calls for a bold transformation of the status quo—devoted to dismantling injustices so that the system is smaller, safer, less punitive, and more humane.”

While the freshman congresswoman declined to endorse a 2016 marijuana legalization measure that was ultimately approved by Massachusetts voters, she’s since positioned herself as a champion for reform, including by voting against an amendment barring people with drug convictions from working in child care services with the U.S. Department of Veterans Affairs.

She also voted in favor of amendments to protect all state marijuana programs from federal intervention and another introduced by Ocasio-Cortez to remove a budget rider that she argued inhibited research into the therapeutic potential of psychedelics.

In addition, Pressley has cosponsored bills concerning marijuana descheduling, research on the benefits of medical cannabis for military veterans and banking access by state-legal businesses.

Read the full text of Pressley’s justice reform resolution below: 

Pressley_The People’s J… by Marijuana Moment on Scribd

Kamala Harris Jokes About CBD Body Rubs To Make A Serious Point On The Marijuana Industry

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Support For Marijuana Legalization Increased Again In 2019, Pew Poll Finds

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Support for legalizing marijuana grew again this year, with just over two-thirds of Americans in favor of the policy, according to a Pew Research Center poll that was released on Thursday.

The survey, which involved phone interviews with about 9,900 adults from September 3-15, found that 67 percent of respondents think cannabis should be legal. That’s five percentage points higher than Pew’s last poll on the issue in 2018, and it closely reflects the percent support for legalization that Gallup reported (66 percent) in a survey released last month.

According to the results of a new question Pew asked for the first time that gave respondents multiple policy options to choose from, 91 percent of Americans said that marijuana should be legal for either medical or recreational purposes: Fifty nine percent said both forms should be legal and 32 percent said it should only be legal for medical use.

Just 8 percent want cannabis to remain illegal across the board.

That’s a notable finding, as some prohibitionists have argued that polls showing growing support for broad legalization are misleading because people would be less inclined to voice support for outright legalization if given more options. In fact, a sizable majority remains in favor of full legalization, according to Pew.

The poll also affirms that marijuana reform is an increasingly bipartisan issue, with a majority of Republicans and those who lean toward the GOP (55 percent) saying cannabis should be legal, compared to 78 percent of Democrats and those who lean toward the party.

Last year, the survey showed that only 45 percent of Republicans favored legalization, versus 69 percent of Democrats. Unlike the prior Pew poll, however, this latest version combines responses from party members and individuals who said they lean toward one party or the other. The previous survey distinguished those two groups and reported support separately.

“The percentage of the public who favors adult-use marijuana legalization has skyrocketed over the past three decades and shows no signs of abating,” NORML Executive Director Erik Altieri said. “As more and more states have moved forward with their own marijuana liberalization policies in recent years, public support has only grown stronger. At a time when the political divide is larger than ever, the issue of marijuana legalization is one of the few policy issues upon which most Americans agree.”

There is majority support in the new survey for ending cannabis prohibition among both men and women, and across racial demographics.

Expect the upward trend in support to continue. The only age group where there isn’t majority support for legalizing marijuana is the Silent Generation (35 percent). Boomers and Generation X support the policy, 63 percent and 65 percent, respectively. But an overwhelming majority of Millennials (76 percent) back legalization.

The partisan gap for that generation is significantly narrower than the overall divide, with 71 percent of Millennial Republicans and 78 percent of Millennial Democrats saying cannabis should be legal.

 

“Two-thirds of Americans say the use of marijuana should be legal, reflecting a steady increase over the past decade,” Pew said. “The share of U.S. adults who oppose legalization has fallen from 52 percent in 2010 to 32 percent today.”

“The growth in public support for legal marijuana has come as a growing number of jurisdictions have legalized marijuana for medical or recreational purposes,” the report states.

As Pew noted, numerous Democratic presidential candidates are in favor of cannabis legalization—with the notable exception of former Vice President Joe Biden—and the survey results suggest it’s a valuable policy position to have both in primaries and general elections.

Vaping Injury Outbreak Hasn’t Hurt Marijuana Legalization Support, Gallup Poll Shows

This story was updated to include comment from NORML.

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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