A pair of congressional Republican lawmakers have introduced a bill to federally legalize marijuana, protect banks that service state-legal cannabis business and ensure that military veterans are specifically permitted to use marijuana in compliance with state laws.
The Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act is being sponsored by Reps. David Joyce (R-OH) and Don Young (R-AK).
The main crux of the legislation is to federally deschedule cannabis—and it’s similar to past bipartisan proposals—but this one goes a few steps further with language on legal protections and mandates for federal studies into medical cannabis. It does not contain social justice provisions to repair the past harms of the war on drugs, however.
“With more than 40 states taking action on this issue, it’s past time for Congress to recognize that continued cannabis prohibition is neither tenable nor the will of the American electorate,” Joyce, co-chair of the Congressional Cannabis Caucus (CCC), said in a press release.
Under the proposal, marijuana would be removed from the Controlled Substances Act, clearing states to enact legalization. Cannabis could be imported and exported across states, though transporting marijuana to states where such activity is unlawful would remain federally prohibited.
Two agencies—the Food and Drug Administration and the Alcohol and Tobacco Tax and Trade Bureau, which falls under the Treasury Department—would be responsible for developing regulations for cannabis. Those rules would have to be “similar to federal rules regulating alcohol,” the text of the bill states, and they would have to be issued within one year of enactment.
“For too long, the federal government’s outdated cannabis policies have stood in the way of both individual liberty and a state’s 10th Amendment rights,” Young, also co-chair of the CCC, said. “It is long past time that these archaic laws are updated for the 21st Century.”
Another provision of the measure stipulates that financial institutions that work with state-legal marijuana businesses cannot be penalized by federal regulators, which is similar to a standalone bill that cleared the House last month.
Further, the legislation specifies that military veterans are able to use, possess and transport medical cannabis in compliance with state law. It’s not clear why that would be necessary if marijuana is federally descheduled, but it’s an added layer of protection for that population and is consistent with other recent standalone bills that have been introduced this Congress.
It also says that physicians can discuss medical marijuana use with veterans if legal states and they can “recommend, complete forms for, or register veterans for participating in a treatment program involving medical marijuana.”
“This bill takes significant steps to modernize our laws by removing cannabis from the Controlled Substances Act and allowing the VA to prescribe medical cannabis to veterans, in addition to finally permitting state-legal cannabis businesses to utilize traditional financial services,” Young said. “I call on my colleagues on both sides of the aisle to stand with us in this crucial effort.”
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Finally, the proposal calls on the National Institutes of Health (NIH) to “conduct or support a study on the effects of medical marijuana on individuals in pain or who are impaired” and issue a report on its findings within 180 of the study’s completion. NIH would also have to study “the relationship between treatment programs involving medical marijuana that are approved by states, the access of individuals to such programs, and a reduction in opioid abuse.”
Joyce said that his bill “answers the American people’s call for change and addresses our states’ need for clarity by creating an effective federal regulatory framework for cannabis that will help veterans, support small businesses and their workers, allow for critical research and tackle the opioid crisis, all while respecting the rights of States to make their own decisions regarding cannabis policies that are best for their constituents.”
“I look forward to working with my colleagues on both sides of the aisle to get this bill signed into law so that we can enact sensible and meaningful cannabis reform that will improve lives and livelihoods,” he said.
While ending prohibition is a primary goal of marijuana reform advocates, it stands to reason that this legislation will face pushback for its lack of provisions promoting social equity and reinvesting in communities most impacted by cannabis criminalization.
A bill that’s being drafted by Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) is expected to contain such components, and the leader has said that the bill will be filed “shortly.”
The trio formally started their reform efforts by holding a meeting earlier this year with representatives from a variety of advocacy groups to gain feedback on the best approach to the reform.
On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.
Read the text of the federal marijuana descheduling bill below:
Photo courtesy of Philip Steffan.
Most Kansas City Government Workers Will No Longer Face Pre-Employment Marijuana Tests Following City Council Vote
Most government workers in Kansas City, Missouri will no longer face pre-employment drug tests for marijuana under an ordinance that the City Council approved on Thursday.
The measure, which was introduced by Mayor Quinton Lucas (D) in July, was passed by local lawmakers in an 11-2 vote.
“It shall be unlawful for the City of Kansas City to require a prospective employee to submit to testing for the presence of marijuana in the prospective employee’s system as a condition of employment,” the text of the ordinance states.
Lucas, who last year filed a since-enacted measure to remove all local criminal penalties for cannabis possession, celebrated the latest development.
Opportunities should not be foreclosed unnecessarily.
Glad to see passage of our law eliminating pre-employment screening for marijuana at Kansas City government for most positions.
One step of many in becoming a fairer city.
— Mayor Q (@QuintonLucasKC) September 23, 2021
“Opportunities should not be foreclosed unnecessarily. Glad to see passage of our law eliminating pre-employment screening for marijuana at Kansas City government for most positions,” he said. “One step of many in becoming a fairer city.”
There are some exceptions to the policy change. Law enforcement, workers who require a commercial driver’s license and those who are involved in the supervision of “children, medical patients, disabled or other vulnerable individuals” can still be screened for cannabis.
Last year, the mayor announced a pardon program for those with previous convictions for possession of marijuana or paraphernalia.
Drug testing for cannabis has become a hot topic of late since the Olympics suspension of U.S. runner Sha’Carri Richardson, with more people arguing that use of the plant shouldn’t lead to punishments, especially given the ongoing rise of the legalization movement. The World Anti-Doping Agency recent announced that it would review its marijuana policy for athletes next year.
The Biden administration has come under fire this year for terminating or otherwise punishing staffers who were honest about their past cannabis use as part of the background check process.
White House Press Secretary Jen Psaki has said that nobody in the White House was fired for “marijuana usage from years ago,” nor has anyone been terminated “due to casual or infrequent use during the prior 12 months.” However, she’s consistently declined to speak to the extent to which staff have been suspended or placed in a remote work program because they were honest about their history with marijuana on a federal form that’s part of the background check process.
In June, a powerful congressional committee released a report that urges federal agencies to reconsider policies that result in the firing of employees who use marijuana legally in accordance with state law.
Separate standalone legislation has been previously introduced by Rep. Charlie Crist (D-FL) to provide protections for federal workers who consume cannabis in compliance with state law, but it never received a hearing or a vote and has not been refiled so far this Congress.
As of last year, New York City employers are no longer able to require pre-employment drug testing for marijuana as a part of the hiring process—though there are a series of exemptions to the policy. The City Council approved the ban in 2019, and it was enacted without Mayor Bill de Blasio’s (D) signature.
Statewide in Missouri, voters may see multiple marijuana initiatives on the state’s 2022 ballot, with a group filing an adult-use legalization proposal last month that could compete with separate reform measures that are already in the works.
Photo courtesy of Brian Shamblen.
Full-Page Washington Post Ad Calls For Marijuana Prisoner’s Freedom While Celebs Make Money In Industry
Supporters of a 26-year-old man who is currently incarcerated while awaiting sentencing for a federal marijuana charge took out a full-page ad in The Washington Post on Thursday, blasting the hypocrisy of his imprisonment while celebrities like Beyonce, Jay Z, Seth Rogen and Willie Nelson stand to profit off the legal cannabis industry.
Jonathan Wall faces up to 15 years in prison on charges that he and other conspired to traffic marijuana from California to Maryland over two years. His family says this is a flagrant miscarriage of justice that highlights the need for relief for Wall and for broader federal marijuana reform.
The ad has the headline, “Who will be the last person incarcerated for marijuana in the United States?”
“Cannabis corporations are in Maryland and 26 other states making billions in revenue growing, manufacturing and distributing pot,” it says. “Cannabis conglomerates wonderfully engaged in branding, licensing , product innovation, research and development.”
It notes that, just miles away from where Wall is being held, consumers can buy marijuana from major marijuana businesses like Curaleaf or Acreage Holdings, which counts former GOP House Speaker John Boehner (R-OH) among its board members.
“But then you—along with the likes of Jay Z, Seth Rogen, and Willie Nelson—would be in violation of U.S. federal law and subject to incarceration,” the ad says. “26-year-old Jonathan Wall faces life in prison while Beyonce says that she’s starting a cannabis farm. This is not the way the law is supposed to work.”
“President Biden recently gave a speech about how 20 years in Afghanistan was too long and that our continued involvement there was a mistake. Well, what about more than 50 years of proven failure, 50 years of gross economic waste, 50 years of caging our own citizens, 50 years of asset forfeiture abuse, 50 years of enforcement disparity and evisceration of the constitutional rights of people of color. In a country where you can guy an assault rifle and fifth of whiskey, federal prohibition of cannabis has never been about more than fear, bias, race, stigmatization and control.”
This isn’t the first time that the Biden administration has faced demands to provide relief for people criminalized over marijuana.
Congressional lawmakers have also recently pushed President Joe Biden to grant clemency to nearly 20,000 people in the federal prison system—including those with drug convictions.
A group of more than 150 celebrities, athletes, politicians, law enforcement professionals and academics separately signed a letter that was delivered to Biden, asking him to issue a “full, complete and unconditional pardon” to all people with non-violent federal marijuana convictions.
While advocates are looking for more, the Biden administration is asking a fraction of people with drug convictions who were placed on home confinement amid the coronavirus pandemic to apply for the relief.
“It is time for our government to admit that it has made a mistake,” the new ad says.
House Officially Passes Defense Bill With Marijuana Banking Protections, But Key Senators May Block Path Ahead
The U.S. House of Representatives on Thursday approved a large-scale defense spending bill that includes an amendment to shield banks that works with state-legal marijuana businesses from being penalized by federal regulators. Now advocates and industry stakeholders are left wondering: what’s the fate of the reform in the Senate? And can it make it to the president’s desk?
New comments from Sen. Cory Booker (D-NJ)—who’s helping lead the charge to advance comprehensive marijuana legalization and who has been severely critical of efforts to enact banking reform first—signal that the path to pass the incremental policy change through the National Defense Authorization Act (NDAA) could be in jeopardy in the Senate. Other key senators have also expressed skepticism about the reform’s prospects through this process.
For supporters, things may have been more simple if the Senate had moved to include cannabis banking reform in its own version, but the text of NDAA released by Senate Armed Services Committee on Wednesday does not contain that language. That means the matter will need to be settled in a bicameral conference committee after the full Senate formally passes its bill. At that point, negotiators from both chambers will work to resolve differences between their separate proposals.
Already, there’s pushback from key senators to including the Secure and Fair Enforcement (SAFE) Banking Act in the NDAA that’s ultimately sent to President Joe Biden. That’s not especially surprising considering that leadership, including Senate Majority Leader Chuck Schumer (D-NY), has insisted on passing comprehensive justice-focused marijuana legalization first rather than advance an incremental reform on banking. But recent statements do raise questions about the prospects of enacting the reform through the defense bill.
It’s not that the SAFE Banking Act is partisan or especially controversial on its face; it’s a matter of legislative priorities for certain senators and a question of germaneness in NDAA. As of Tuesday, when the reform amendment was officially attached to the House version of the bill, it has now passed five times in the chamber, usually along largely bipartisan lines.
Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, spoke with Marijuana Moment about the process moving forward in a phone interview on Wednesday. He was optimistic about the measure’s prospects with NDAA as the vehicle, though he conceded that he hadn’t spoken with Schumer or other key senators who are actively finalizing legalization legislation that they hope to see move first.
“I think the fifth time is the charm,” he said. “I mean, obviously, we still have to do some work to make sure that it remains part of the NDAA as the House and the Senate go to conference. So we still have work to do with the Senate to make sure that it remains part of it. But I think that it will.”
“I mean, the fact that it deals with cartels and national security, on top of the need for the public safety piece of this thing, I think that we’ll be able to convince the conference committee and the conferees generally to keep it in,” he said. “But we still have work to do.”
Marijuana Moment is already tracking more than 1,200 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.
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Some advocates have expressed support for enacting the achievable banking policy change while working to build support for more comprehensive reform.
“Enactment of the SAFE Banking Act would improve public safety and business efficiency in the 36 states that currently permit some form of retail marijuana sales,” NORML Political Director Justin Strekal said. “The Senate should ensure this provision remains in the final version of this funding package and enact it swiftly.”
“The SAFE Banking Act is only the first step toward making sure that state-legal marijuana markets operate safely and efficiently,” he said. “The sad reality is that those who own or patronize these currently unbanked businesses would still be recognized as criminals in the eyes of the federal government and by federal law. This situation can only be rectified by removing marijuana from the list of controlled substances.”
Schumer and certain other senators, meanwhile, have insisted the banking issue should be tackled by holistically ending marijuana prohibition. They argue that it is inappropriate to pass what is seen as an industry-focused reform that helps businesses and investors while leaving unaddressed the harms of decades of racially disparate prohibition enforcement that should be addressed with equity-focused legalization.
Booker, who is helping Schumer alongside Senate Finance Committee Chairman Ron Wyden (D-OR) to produce a final legalization bill has said he would proactively work to block any senators who attempt to get marijuana banking reform passed before enacting social justice-focused legalization legislation.
And Booker told Politico on Wednesday that cannabis banking is “something that should not be included” in NDAA.
Senate likes to send NDAA amendments to a vote by unanimous consent. If one senator raises an objection to an NDAA Amendment, it can kill or stall it. Booker wouldn’t discuss his plans but said has “a lot of options as an individual senator” should the amendment be proposed.
— Natalie Fertig (@natsfert) September 22, 2021
“It undermines the ability to get comprehensive marijuana reform and the kind of things that are harder to get done like expungement of people’s records,” he said, echoing a point that Schumer made in an interview with Marijuana Moment in April. And a spokesperson for the majority leader affirmed that his position has not changed in light of the House development.
Should a senator propose a floor amendment to the chamber’s version of the defense bill to incorporate SAFE Banking, Booker left open the possibility of standing in its way.
Sen. Jeff Merkley (D-OR), sponsor of the standalone Senate version of the SAFE Banking Act, also declined to say whether he would push to attach the reform to NDAA and told Politico he’d “love to see if we can even do the more comprehensive [reform]—that’d be even better.”
Senate Armed Services Committee Chairman Jack Reed (D-RI), meanwhile, told Roll Call that the issue hasn’t been discussed by members of his panel. And bipartisan supporters of the reform—including Sens. Brian Schatz (D-HI) and Rand Paul (R-KY)—told the outlet they weren’t certain that the Senate would pursue marijuana banking through NDAA.
Schatz also said that Senate Minority Leader Mitch McConnell (R-KY) “doesn’t like” the marijuana banking proposal, and so “he’s going to have to consult with the Republicans in his conference who are in favor of this reform, but so far he’s been blocking it.”
Based on these comments, it seems increasingly clear that the effort to enact SAFE Banking through the must-pass defense bill faces a tough road ahead. And despite bipartisan support for the proposal on its own, it’s an open question as to whether the negotiators in committees of jurisdiction will be able to reach a consensus.
At an initial meeting of the House Rules Committee about NDAA on Monday, House Armed Services Committee Chairman Adam Smith (D-WA), who is managing the bill for the chamber, acknowledged that while some members might consider certain amendments “superfluous” to defense spending matters, the annual legislation has been used as a vehicle to advance non-germane legislation in the past. He added, though, that doing so has historically required the issues at hand to have broad bipartisan support in order to survive the House-Senate conference committee process.
He didn’t specifically cite the cannabis banking proposal, but Perlmutter himself said earlier in the hearing that “whether something is superfluous is always in the eyes of the beholder,” signaling that he feels his measure’s germaneness in this context is up for interpretation.
Smith said that “whatever superfluous items the Rules Committee decides to put in order and get attached to this bill, we go to conference, and in conference, we work in a bipartisan fashion.”
But beyond Smith and Reed, it will also be up to leading members of key committees that handle banking issues to decide whether the measure gets a ride to the president’s desk in NDAA.
“We’re not going to pull one over on anybody here. We’re going to have to work with committees of jurisdiction—not just the chairs, but the ranking members as well—to come to some agreement on those before we go forward,” he said. “So if you see an item that you consider to be superfluous being added to the bill, don’t freak out.”
The chair’s comments about needing support from leaders of committees of jurisdiction raise questions about whether the amendment stands a chance in conference with the Senate following House approval. Not only did House Financial Services Committee Ranking Member Patrick McHenry (R-NC) vote against the standalone SAFE Banking Act this year and in 2019, but on the Senate side, even Banking Committee Chairman Sherrod Brown (D-OH) has been generally unenthusiastic about advancing the reform.
On the flip side, House Finance Services Committee Chairwoman Maxine Waters (D-CA) is a supporter of the banking reform and brought it through her panel last Congress. Senate Banking Committee Ranking Member Pat Toomey (R-PA), for his part, has previously voiced support for advancing the SAFE Banking Act.
Perlmutter has said that he appreciates that Senate leadership is pushing for a more comprehensive end to federal marijuana prohibition—and he agrees with Booker that promoting social equity is an important objective—but he feels the SAFE Banking Act is urgently needed to address public safety issues resulting from the industry’s lack of access to traditional financial institutions.
Some of the strongest proponents for broad reform like Rep. Earl Blumenauer (D-OR) voted in favor of the SAFE Banking Act in April despite the body yet having taken up a legalization measure this session.