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Congressional Bills Affecting Cannabis Laws Go To Conference Committees

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Key bicameral congressional panels that will determine the fate of two far-reaching proposed cannabis measures are taking shape. At issue is whether hemp will finally become legal and whether military veterans will be able to receive medical marijuana recommendations from government doctors.

House and Senate leaders have begun making appointments to the so-called “conference committees” that will merge each chambers’ respective relevant legislation into singular proposals that can be sent to President Trump’s desk.

In both cases, the Senate legislation contains cannabis reform language while the House version is silent on the issue. The conferees on both bills will decide what gets enacted into law.

Medical Marijuana For Military Veterans

Last month, the Senate approved a wide-ranging funding bill that includes a provision to allow military veterans in medical cannabis states to get the necessary certifications from their doctors at the U.S. Department of Veterans Affairs (VA). The House’s version of the bill contains no such provision; it was blocked from reaching the floor by Republican leaders, as has been the case with every cannabis reform amendment proposed during the current Congress.

Now, a conference committee will decide which chamber’s version prevails.

Medical cannabis advocates looking at the lists of participating members will take heart in knowing that Sen. Steve Daines (R-MT), who offered the veterans medical cannabis amendment in the Appropriations Committee, will be in the room. Congressman Scott Taylor (R-VA), a military veteran who has been outspoken in support of marijuana law reform, will also be there. So will Sen. Brian Schatz (D-HI), who has posed questions about the benefits of medical marijuana during several hearings, including ones focused on veterans issues.

That said, a number of ardent marijuana opponents will be at the table, along with other lawmakers who have been skeptical of reform.

Sen. James Lankford (R-OK), who appeared in a television commercial opposing his state’s successful medical cannabis ballot measure and has sponsored a number of anti-marijuana amendments and pieces of legislation, is a member. So is Sen. Dianne Feinstein (D-CA) who has historically been one of Congress’s most vocal legalization opponents (although she has softened her stance this year amidst a reelection battle).

On the House side, Congresswoman Marcy Kaptur (D-OH), who has made a number of bizarre claims about fentanyl-laced marijuana during recent hearings and media appearances (but has supported marijuana amendments during House floor votes), will be on the committee. Congresswoman Debbie Wasserman Schultz (D-FL), who voted against an earlier version of the veterans cannabis amendment before evolving to support a subsequent version, is also a conferee.

Because the medical marijuana language is in the Senate bill, it will be up for discussion by the conference committee and has a chance of being enacted into law for the first time.

But medical cannabis supporters are not necessarily getting their hopes up, given the measure’s history. In 2016, both chambers’ bills had slightly differing provisions allowing VA medical cannabis recommendations, but both were stripped out of the final enacted legislation.

That said, advocates are working to press conferees on the issue.

“Given the incredible amount of support, both from the general public and veterans community specifically, it would be politically disastrous to vote against veterans and their ability to get access to a substance—which 22 percent are currently consuming, according to the American Legion—to alleviate symptoms of a physical or mental ailment,” NORML Political Director Justin Strekal told Marijuana Moment in an interview.

Hemp Legalization

Advocates are much more optimistic about hemp legalization this year.

Last month, the Senate voted overwhelmingly to approve large-scale agriculture legislation known as the Farm Bill, which includes provisions to finally remove hemp from the federal definition of marijuana after decades of prohibition.

The push is being driven by Senate Majority Leader Mitch McConnell (R-KY), who has spoken often about the economic benefits that industrial hemp can bring to farmers in Kentucky and other states.

On the House side, Republican leaders blocked floor votes on including hemp legalization in that chamber’s version of the Farm Bill.

So as is the case with medical cannabis recommendations for veterans, the fate of hemp’s legal status will come down to a conference committee.

There is reason for advocates to be hopeful. It is unlikely that many or any of the House Democratic conferees would strongly object to inclusion of the Senate’s legalization language.

On the Republican side, advocates were overjoyed to see Congressman James Comer (R-KY) named to the panel on Wednesday.

As Kentucky agriculture’s commissioner, Comer championed and implemented the state’s industrial hemp research program. In Congress, he has served as the lead sponsor of hemp legalization bills.

“The hemp industry has reason to celebrate — one of our most passionate advocates…was appointed — he will literally be ‘in the room where it happens,'” the Hemp Roundtable said in an alert. “As the final Farm Bill is reconciled, it is comforting to know that Rep. Comer will be on hand to support the Senate’s language which would permanently legalize hemp.”

Also among the conferees are a number of GOP lawmakers who co-sponsored a hemp bill that Comer filed in the House last year, including Congressman Bob Goodlatte (R-VA), Congressman Kevin Cramer (R-ND), Congressman Glenn Thompson (R-PA) and Congressman Rodney Davis (R-IL).

Comer told the Associated Press in an interview that he will push hard to include the hemp language in the final legislation.

“The economic viability of industrial hemp in Kentucky grows every day,” he said.

The Senate hasn’t yet appointed its conferees on the Farm Bill, but the hemp legalization proposal has broad support in the chamber and it is unlikely that Democratic or fellow GOP senators would try to buck McConnell by seeking to strip the language.

Timetable For Action

The conference committee dealing with the veterans bill was supposed to hold its first meeting last week, but that was postponed due to scheduling conflicts. A new date has not yet been set.

Current funding for the federal government is set to expire on September 30, so Congress is working to enact the veterans funding bill and other appropriations legislation before that date, though it is entirely possible that lawmakers won’t finish work in time and will need to enact a temporary extension of current provisions, known as a continuing resolution.

The 2014 version of the Farm Bill is set to expire on the same day, so the conference committee will likely move quickly once the Senate appoints its conferees, though a temporary extension is also possible on that legislation.

Whenever the committees issue their final conference reports on either bill, those will go to the floor of both chambers for up or down votes on sending the legislation to President Trump.

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 20-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.)

Politics

Oregon Officials Explain How Decriminalized Drugs And Legal Psilocybin Therapy Would Impact The State

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Oregon officials finalized a series of analyses this week on separate ballot measures to legalize psilocybin mushrooms for therapeutic use and decriminalize drugs while investing in substance misuse treatment.

The Oregon Criminal Justice Commission determined that the decriminalization initiative would reduce felony and misdemeanor convictions for drug possession by 91 percent, and that reduction would be “substantial for all racial groups, ranging from 82.9% for Asian Oregonians to approximately 94% for Native American and Black Oregonians.”

Overall, the policy change would result in a 95 percent drop in racial disparities for possession arrests, the panel projects.

“The CJC estimates that IP 44 will likely lead to significant reductions in racial/ethnic disparities in both convictions and arrests.”

The conviction estimate was included in the panel’s draft analysis first released last month, but the final version was expanded to include the arrest data as well. The new document also notes that “disparities can exist at different stages of the criminal justice process, including inequities in police stops, jail bookings, bail, pretrial detention, prosecutorial decisions, and others”—a point that activists hoped the panel would include.

That said, the commission noted it “lacks sufficient or appropriate data in each of these areas and therefore cannot provide estimates for these other stages.”

The new report, published on Wednesday, cites research indicating that the resulting “drop in convictions will result in fewer collateral consequences stemming from criminal justice system involvement, which include difficulties in finding employment, loss of access to student loans for education, difficulties in obtaining housing, restrictions on professional licensing, and others.”

The decriminalization proposal was the first ballot initiative in the state’s history to receive a report on the racial justice implications of its provisions under a little-utilized procedure where lawmakers can request such an analysis.

This information will be included in a voter pamphlet as a factual statement from the secretary of state’s office.

“Our current drug laws can ruin lives based on a single mistake, sticking you with a lifelong criminal record that prevents you from getting jobs, housing and more,” Bobby Byrd, an organizer with the More Treatment, A Better Oregon campaign, said in a press release.

Both the psilocybin therapy and drug decriminalization measures also received final explanatory statements and fiscal impact statements this week.

For the therapeutic psilocybin legalization initiative, the Financial Estimate Committee said that it projects the measure will have an impact of $5.4 million from the general fund during the two-year development period. After the program is established, it will cost $3.1 million annually, “which will be covered by the fees and tax funds for the administration and enforcement of the Act.”

The explanatory statement says the measure “directs the Oregon Health Authority to regulate the manufacture, delivery, purchase, and consumption of psilocybin, a psychoactive component found in certain mushrooms, at licensed psilocybin service centers” and that a “person would be allowed to purchase, possess, consume, and experience the effects of psilocybin only at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

It also describes an initial two-year development period during which officials will research and make recommendations on “the safety and efficacy of using psilocybin to treat mental health conditions,” after which time the new law will allow “a client who is at least 21 years of age to purchase, possess, consume, and experience the effects of psilocybin at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

Sam Chapman, campaign manager for the psilocybin initiative, told Marijuana Moment that the group is “satisfied with the explanatory statement and believe it captures the thoughtful approach we took that led to psilocybin therapy being on the ballot this November.”

“Specifically, we were happy to see the regulations and safeguards that are built into the measure highlighted in the explanatory statement,” he said. “We also believe that the fiscal committee saw and respected our approach to keep the psilocybin therapy program revenue neutral once up and running.”

The drug possession decriminalization measure is expected to cost $57 million annually, according to state officials, but it will be covered by marijuana tax revenue, which is “estimated at $61.1 million in 2019-21 and $182.4 million in 2021-23” and would therefore be “sufficient to meet this requirement.” Cannabis revenue to cities and counties would be reduced under the measure.

The reform would also save money through reduced drug enforcement. “These savings are estimated at $0.3 million in 2019-21 and $24.5 million in 2021-23,” the analysis says. “This will reduce revenue transferred from the Department of Corrections for local government community corrections by $0.3 million in 2019-21 and $24.5 million in 2021-23. The savings are expected to increase beyond the 2021-23 biennium.”

The initiative “mandates the establishment of at least one addiction recovery center in each existing coordinated care organization service area in the state,” the separate explanatory statement says, and describes how they would be funded with marijuana tax revenue.

“The measure eliminates criminal penalties for possession of specified quantities of controlled substances by adults and juveniles,” it says. “Instead, possession of these specified quantities of controlled substances becomes a non-criminal Class E violation for which the maximum punishment is a $100 fine or completion of a health assessment with an addiction treatment professional.”

Here’s a status update on other 2020 drug policy reform campaigns across the country: 

A measure to effectively decriminalize a wide range of psychedelics has officially qualified for the November ballot in Washington, D.C.

Montana activists said last month that county officials have already certified that they collected enough signatures to place two marijuana legalization measure on the state ballot, though the secretary of state’s office has yet to make that official.

In Arizona, the organizers of a legalization effort turned in 420,000 signatures to qualify for the ballot last month.

Organizers in Nebraska last month submitted 182,000 signatures in an attempt to put a medical marijuana measure on November’s ballot.

Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge said recently that the state must make accommodations for a separate ballot campaign due to signature gathering complications caused by the coronavirus pandemic. But following a recent U.S. Supreme Court ruling against the other group, hopes are dashed.

Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.

The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.

And in Mississippi, activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.

A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.

North Dakota marijuana legalization activists are shifting focus and will seek qualification for the 2022 ballot.

Washington State activists had planned to pursue a drug decriminalization and treatment measure through the ballot, but citing concerns about the COVID-19 outbreak, they announced last month that they will be targeting the legislature instead.

Read the full state analysis of the Oregon drug decriminalization and psilocybin therapy measures below:

Oregon Drug Decrim And Psil… by Marijuana Moment on Scribd

Texas Lawsuit Challenges State’s New Ban On Smokable Hemp

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Top White House Official Blasts Marijuana Banking Provisions In Democrats’ Coronavirus Bill

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Vice President Mike Pence’s top staffer on Thursday joined the chorus of Republicans criticizing House Democrats for including marijuana banking provisions to the chamber’s latest coronavirus relief bill.

Marc Short, who is Pence’s chief of staff and previously served as director of legislative affairs for the White House, discussed the COVID-19 legislation during an interview with Fox Business, and he described the Democratic proposal as a “liberal wish list” with “all sorts of things totally unrelated to coronavirus.”

“In one instance they have provided guarantees for banking access for marijuana growers,” Short said. “That has absolutely nothing to do with coronavirus.”

He’s referring to language that was inserted from the Secure and Fair Enforcement (SAFE) Banking Act to protect financial institutions that service state-legal cannabis businesses from being penalized by federal regulators.

Numerous Republicans—including Senate Majority Leader Mitch McConnell (R-KY)—have been critical of the provision, arguing that it is not germane to the issue at hand.

The majority leader took a shot at House Speaker Nancy Pelosi (D-CA) this week after she defended the inclusion of the banking language and called marijuana a “proven” therapy.

Democrats, for their part, have made the case that granting cannabis businesses with access to the banking system would mitigate the spread of the virus by allowing customers to use electronic payments rather than exchange cash. They also say it could provide an infusion of dollars into the financial system that’s especially needed amid the economic downturn caused by the pandemic.

Rep. Tulsi Gabbard (D-HI) told Marijuana Moment in an interview this week that she agrees with her colleagues that the marijuana banking provision is relevant to COVID-19 bill.

“By continuing to disallow anyone associated with these industries that states have deemed legal is further perpetuating serious problems and uncertainty during a time when, frankly, we need as much certainty as we can get,” she said.

While the Senate did not include the banking language as part of their COVID-19 bill, there’s still House-passed standalone legislation that could be acted upon.

The SAFE Banking Act has been sitting in the Senate Banking Committee for months as lawmakers negotiate over the finer points of the proposal.

Last month, a bipartisan coalition of state treasurers sent a letter to congressional leaders, asking that they include marijuana banking protections in the next piece of coronavirus relief legislation.

In May, a bipartisan coalition of 34 state attorneys general similarly wrote to Congress to urge the passage of COVD-19 legislation containing cannabis banking provisions.

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USDA Approves Hemp Plan For Maryland And One More Indian Tribe

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The U.S. Department of Agriculture (USDA) approved hemp regulatory plans for Maryland and the Lower Sioux Indian Community on Thursday.

With this latest development, the total number of approved plans across states, territories and tribes is 55.

USDA has been signing off on hemp proposals on a rolling basis over the past year. Last month, it accepted plans from Minnesota, Tennessee and Puerto Rico.

“USDA continues to receive and review hemp production plans from states and Indian tribes,” the agency said in a notice.

While the agency released an interim final rule for a domestic hemp production program last year, industry stakeholders and lawmakers have expressed concerns about certain policies it views as excessively restrictive.

USDA announced in February that it will temporarily lift two provisions that the industry viewed as problematic. Those policies primarily concern testing and disposal requirements. The department declined to revise the THC limit, however, arguing that it’s a statutory matter that can’t be dealt with administratively.

Last week, two senators representing Oregon sent a letter to the head of USDA, expressing concern that testing requirements that were temporarily lifted will be reinstated in the agency’s final rule. They made a series of requests for policy changes.

Agriculture Secretary Sonny Perdue has said on several occasions that the Drug Enforcement Administration influenced certain rules, adding that the narcotics agency wasn’t pleased with the overall legalization of hemp.

State agriculture departments and a hemp industry association also wrote to Congress and USDA this week, seeking an extension of the 2014 Farm Bill pilot program for hemp to give states more time to develop regulatory plans to submit to the agency.

Meanwhile, the Food and Drug Administration (FDA) is still in the process of developing regulations for CBD. It sent an update on its progress to Congress in March, explaining that the agency is actively exploring pathways to allow for the marketing of the cannabis compound as a dietary supplement and is developing enforcement discretion guidance.

An FDA public comment period was reopened indefinitely for individuals to submit feedback on CBD regulations.

Last month, the White House finalized a review of FDA CBD and cannabis research protocols, but it’s unclear when or if the document will be released to the public.

Also last month, FDA submitted a report to Congress on the state of the CBD marketplace, and the document outlines studies the agency has performed on the contents and quality of cannabis-derived products that it has tested over the past six years.

Amid the coronavirus pandemic, hemp industry associations pushed for farmers to be able to access to certain COVID-19 relief loans—a request that Congress granted in the most recent round of coronavirus legislation.

However, USDA has previously said that hemp farmers are specifically ineligible for its Coronavirus Food Assistance Program. While the department initially said it would not reevaluate the crop’s eligibility based on new evidence, it removed that language shortly after Marijuana Moment reported on the exclusion.

Two members of Congress representing New York also wrote a letter to Perdue in June, asking that the agency extend access to that program to hemp farmers.

Hemp farmers approved to produce the crop do stand to benefit from other federal loan programs, however. The department recently released guidelines for processing loans for the industry.

Senators Push USDA To Change Restrictive Hemp Regulations

Photo courtesy of Pixabay.

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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