Almost a dozen cannabis-related amendments will be considered by a key congressional committee next week.
The House Rules Committee published the submitted measures on Thursday. They cover everything from preventing the Justice Department from interfering in state legal marijuana programs to funding the creation of a regulatory pathway for CBD to be introduced into the food supply to shifting Drug Enforcement Administration (DEA) funds to substance abuse prevention and education programs.
Here’s a rundown of what’s being proposed as part of a large-scale appropriations bill to fund parts of the federal government for Fiscal Year 2020.
Rep. Earl Blumenauer (D-OR) and Tom McClintock (R-CA) reintroduced an amendment that would bar the Justice Department from using its funds to prevent states “from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana.” The measure, which goes beyond an existing rider that protects only local medical cannabis laws by also including all adult-use states, is similar to an amendment that came just nine flipped votes short of passage on the House floor in 2015.
“In 2014, we successfully passed amendments to protect state cannabis programs,” Blumenauer told Marijuana Moment, referring to when the current medical marijuana protections were first enacted. “It’s now 2019. It’s past time to protect all cannabis programs, including adult-use.”
Interestingly, the amendment covers states with cannabis laws but does not cover Washington, D.C. or U.S. territories that have enacted legalization. To that end, Rep. Eleanor Holmes Norton (D-DC) filed a separate measure that also covers the District of Columbia and the territories.
And Rep. Stacey Plaskett (D-VI) introduced another amendment that would fix the fact that the U.S. Virgin Islands, which enacted a medical cannabis law this year, was inadvertently left out of the overall funding bill’s existing medical cannabis protection rider.
Blumenauer also introduced four other measures aimed at extending protections to tribal areas that allow marijuana in some form: one that prohibits the Justice Department from spending money to interfere in any tribal marijuana programs, another for tribal marijuana programs within states where it’s legal, one that applies to tribal medical cannabis programs in states with such programs and one that would broadly protect tribal medical cannabis programs regardless of surrounding state laws.
The congressman, who is one of the leading advocates for marijuana reform in Congress, didn’t stop there.
He also filed a measure to prohibit the Justice Department from prosecuting or penalizing U.S. Department of Veteran Affairs (VA) workers “for filing out paperwork in compliance with State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
The VA, on the other hand, would be blocked under a separate amendment Blumenauer filed from punishing its doctors for that activity, otherwise preventing veterans from participating in a state-legal medical cannabis program or denying their benefits due to such participation.
Rep. Alexandria Ocasio-Cortez (D-NY), whose amendment meant to expand research into psychedelics in a separate spending bill was rejected on the House floor on Thursday, introduced another bold drug reform measure she is seeking to attach to the new spending legislation.
The congresswoman proposed diverting $5 million in DEA enforcement funds “to the Comprehensive Opioid Abuse Program in keeping with the growing consensus to treat drug addiction as a public health issue,” a summary of the amendment states. (She initially proposed shifting $30 million between the accounts but scaled that back in a revised version.)
Under the spending legislation as it stands now, DEA funding for next year would be almost $90 million above what was appropriated in the 2019 fiscal year and roughly $78 million more than what was requested by President Donald Trump.
Another interesting amendment concerns Food and Drug Administration (FDA) funding. While the text of the measure, introduced by Rep. Jerry McNerney (D-CA), doesn’t explicitly mention the purpose of the spending proposal, its summary stipulates that it’s meant to fund a “process to make lawful a safe level for conventional foods and dietary supplements containing Cannabidiol (CBD) so long as the products are compliant with all other FDA rules and regulations.”
Former FDA Commissioner Scott Gottlieb said repeatedly that Congress may have to pass legislation to provide for the lawful marketing of hemp-derived CBD, which was legalized in the 2018 Farm Bill, in the food supply. Existing FDA policies would force the department to develop alternative pathways to that end.
Also of interest to drug policy reformers is a measure proposed by Rep. Pramila Jayapal (D-WA) that would block the Department of Justice from spending money to prohibit states and localities from establishing and implementing safe consumption sites for illegal substances. The department is currently suing to stop a proposed facility from opening in Philadelphia.
There are at least two anti-drug amendments that run counter to the objectives of reform advocates. Both of them, filed by Rep. Glenn Grothman (R-WI), propose that U.S. Department of Agriculture funds included in the spending legislation should be restricted or withheld unless the head of the agency testifies before Congress that resources won’t go toward individuals participating or applying for benefits unless they’ve undergone drug testing.
This year has seen a deluge of drug reform legislation being pursued through the appropriations process, especially in recent weeks.
Besides Ocasio-Cotez’s psychedelics research amendment, committee reports attached to funding legislation have touched on issues such as CBD regulations, hemp policy implementation, preventing impaired driving, safeguarding veteran benefits and urging the federal government to reevaluate employment policies for federal workers who use marijuana in accordance with state law.
Also, earlier this week the House Appropriations Committee advanced spending legislation that contains an amendment to protect banks that service cannabis businesses and excludes a longstanding rider blocking Washington, D.C. from using local funds to legalize and regulate cannabis sales.
The Rules Committee will decide next week which of the new pending amendments will be cleared for floor votes when the House takes up the overall spending legislation. This week the panel blocked a measure that would have prevented the Department of Education from punishing colleges and universities for allowing medical marijuana on campus, citing procedural issues.
Chairman James McGovern (D-MA) has said that he generally will not impede cannabis amendments filed in proper order from advancing, however, unlike former Rep. Pete Sessions (R-TX), who consistently blocked marijuana proposals from coming to the floor when he held the panel’s gavel in recent years.
Photo courtesy of Mike Latimer.
State And Local Marijuana Regulators Demand Congress Prioritize Federal Legalization Bill
A coalition of state and local marijuana regulators sent a letter to House leadership on Wednesday, demanding that they prioritize a marijuana legalization bill that’s expected to get a floor vote following the election.
The letter, which is being supported by the Drug Policy Alliance (DPA), says that regulators “need comprehensive support in their individual and collective efforts to more responsibly and equitably manage challenges and develop solutions associated with cannabis and cannabis policy.”
They said the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act represents a solution, and they urged legislators to vote in favor of it when it comes up for a vote.
Enacting the reform “would ensure that the federal government is a partner to state and municipal regulators both in our collective responsibility to serve our community through the reform of failed cannabis policies and in our collective responsibility to recognize and correct injustices,” they wrote, adding that criminalization has created “widespread” harms that disproportionately impact communities of color.
🚨BREAKING🚨 @DrugPolicyOrg Joins State & Municipal Cannabis Regulators in Calling on Congress to Prioritize Federal Marijuana Reform by Passing #MOREAct 📢 FULL QUOTE from @DPA_ONA Dir. @MaritzaCPerez IN THREAD 👇 https://t.co/NPXrZ6LLK6
— Matt Sutton (@MattSuttonEP) October 21, 2020
“As such, our attempts to eliminate these harms must be systemic and comprehensive and will require collective leadership at every level of government and collaboration amongst both the public and private sectors in order to achieve outcomes by centering equity in cannabis policy development, reform and implementation,” they wrote.
Nine regulators from Los Angeles, Oakland, Portland, Sacramento, San Francisco, Massachusetts and Illinois signed the letter.
“For those of us who manage state and municipal cannabis policies, and for those individuals who have been and continue to be impacted by cannabis policy, the need for comprehensive federal reform is clear and urgent,” the letter states. “Existing federal prohibition policies are antithetical to our collective responsibility to promote policies that are based in science, compassion and harm reduction.”
Leadership initially signaled that a floor vote on the MORE Act would happen in September, but following pushback from certain centrist Democrats who worried about the optics of advancing marijuana reform before another coronavirus relief package, it was postponed until after the election.
Majority Leader Steny Hoyer (D-MD) subsequently made a commitment that the body would bring up the bill sometime “later this autumn.” While advocates were disappointed by the delay, they’re confident the MORE Act will clear the chamber with some bipartisan support when it’s ultimately scheduled for action.
Rep. Don Young (R-AK) said last month that he was “confident” it would pass the House.
Rep. Matt Gaetz (R-FL), the sole GOP cosponsor on the bill, also said that he would be voting “yes” on the MORE Act, though he expressed criticism about a provision that would impose a federal excise tax on marijuana sales to be reinvested in communities most impacted by the drug war, calling them “reparations.”
Rep. Tom McClintock (R-CA) said “I intend to vote yes on the bill” in an interview with Politico.
McClintock, along with Gaetz, voted for the MORE Act when it was marked up by the Judiciary Committee last year.
“These regulators know first-hand the complications of regulating a substance that remains illegal at the federal level and the harms imposed as a result on communities of color and low-income people,” Maritza Perez, director of national affairs at DPA, said in a press release. “They also understand that creating a safe and equitable industry, which the MORE Act does, provides a historic opportunity to begin repairing the extensive damage prohibition has caused over the last 50 years.”
Prior to the vote’s postponement, DPA and more than 120 other civil rights and drug policy reform groups such as the ACLU and NAACP sent a letter to House leadership emphasizing the need to pass the MORE Act to promote social justice.
Read the latest letter from the regulators on cannabis reform below:
Photo courtesy of Brian Shamblen.
Key New Jersey Senate Committee Cancels Marijuana Legalization Hearing On Implementing Referendum
A New Jersey Senate committee announced on Wednesday that it would be taking public testimony on Thursday about how to implement marijuana legalization if voters approve the reform referendum next month—but the panel canceled the event later in the day.
While the legislature decided to leave adult-use legalization up to voters as a ballot measure, legislators must still develop regulations to enact the system—and the temporarily scheduled hearing appeared to be a first step in that process.
The Senate Judiciary Committee was set to “receive public testimony concerning the legislative implementation of Public Question No. 1 on the General Election ballot, which, if approved, would legalize cannabis for personal, non-medical use by adults age 21 years or older,” a notice stated. “Public Question No. 1 would also create a legalized cannabis marketplace overseen by the State’s Cannabis Regulatory Commission.”
Sen. Nicholas Scutari (D), who chairs the committee and previously introduced a legalization bill that did not advance to a floor vote, said earlier this month that he’s been working in recent weeks with the governor’s office and legislative leaders to finalize a detailed enabling bill to implement legal market regulations.
He said the measure, which could be enacted as soon as the first week of November, would look similar to a bill he previously introduced, though he wants to add a retroactive provision to end cannabis-related prosecutions for pending cases.
“This is something about social justice. This is an economic opportunity for New Jersey,” the senator said at the time. “We can be the first state in the Northeast—absent Massachusetts, but in our economic area—to move forward and I want to be a leader in this.”
A staffer with the Office of Legislative Services told Marijuana Moment in an email that “the public hearing scheduled for October, 22, 2020 at 9:30 am has been canceled” and said it was “unknown” if the event will be rescheduled.
In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next month.
A survey released on Tuesday found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.
The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released last week by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.
For his part, Gov. Phil Murphy (D) has been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.
For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.
The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.
“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”
Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.
He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.
The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”
NJ CAN 2020, one of two campaign committees working to pass the cannabis referendum, released a series of English- and Spanish-language video ads last week, after having published one prior ad. Meanwhile, campaign finance records compiled show that legal marijuana supporters are out-raising opponents by a ratio of nearly 130:1.
In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.
This story was updated to reflect the hearing’s cancellation.
Photo courtesy of Mike Latimer.
Virginia Bill To Ban Police Searches Based On Marijuana Smell Gets Governor-Suggested Changes
The governor of Virginia suggested changes on Wednesday to bills that would stop police from searching people or seizing property based solely on the smell of marijuana.
Thankfully for cannabis reform advocates, Gov. Ralph Northam (D) isn’t asking lawmakers to amend the marijuana odor provisions of the broader proposal to reform policies for law enforcement searches. Instead, according to a press release sent by his office, he is suggesting an unrelated change to ensure police “can initiate a traffic stop when an individual is driving at night without the use of both headlights and/or without the use of both break lights.”
The House and Senate will now consider the amendment, thought it’s not clear when they will do so. If the governor’s proposal is adopted by lawmakers without changes, the legislation will be formally enacted without needing his signature. Otherwise, it will come back to his desk for action.
Northam’s move comes one week after he signed separate legislation that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.
Together, when enacted, the two new reforms will build upon the measure to decriminalize cannabis that the governor signed earlier this year, which makes it so possession of up to one ounce of cannabis is punishable by a $25 fine with no threat of jail time and no criminal record.
Under the new search-focused legislation, if enacted, “no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding,” according to a summary.
“Eliminating non-essential interactions based on marijuana odor between law enforcement and otherwise law-abiding citizens is an important step forward for criminal justice reform in Virginia,”Jenn Michelle Pedini, NORML’s development director and the executive director of Virginia NORML, told Marijuana Moment. “However, it is only by legalizing the responsible use of cannabis by adults that the Commonwealth can end its failed experiment with prohibition and begin repairing the decades of damage done to its communities and citizens.”
The Virginia legislature has been especially active on cannabis reform this year. But that said, lawmakers have not been able to reach an agreement during the special session on legislation to provide expungements for prior marijuana convictions that had appeared destined for Northam’s desk after passing either chamber in differing forms.
Under the House-passed measure, eligible convictions would have been automatically expunged after a period of eight years. The Senate’s version, meanwhile, would have allowed people to petition to have their records cleared after a period of five years. The House bill covered more drug crimes, as well.
A conference committee of lawmakers from both chambers was appointed and tasked with ironing out the differences, but the negotiators couldn’t reach a deal by the time the special session’s agenda wrapped up last week.
During the state’s regular legislative session earlier this year, the governor and legislators also expanded Virginia’s limited medical cannabis program in addition to enacting the decriminalization law.
All of these incremental changes come as legislators continue to pursue a broader adult-use legalization plan in the Commonwealth that would include a system of regulated and taxed sales and production.
The decriminalization bill that passed contains a provision that calls for the establishment of a working group to study and make recommendations about adult-use marijuana legalization. That panel is expected to issue its report to the legislature at the end of November.
Meanwhile, the Joint Legislative Audit and Review Committee is doing its own analysis on ending cannabis prohibition and will similarly report on its findings before the end of the year.
A bill to legalize marijuana possession was filed for the special session by a delegate running to replace the term-limited Northam in 2021, but it did not advance out of the committee to which it was referred.
Photo courtesy of Martin Alonso.