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Congressional Black Caucus Calls For Major Marijuana Reforms

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The Congressional Black Caucus (CBC) is calling on the federal government to end its war on marijuana.

“The CBC supports efforts to decriminalize the use and possession of marijuana,” reads a new position statement that the 48-member group released on Friday. “This means that the states should be allowed to make their own decisions about how to regulate marijuana and the federal government should be out of the business of prohibition and related law enforcement of marijuana.”

Citing ongoing racial disparities in drug law enforcement and the way that communities have been “ravaged by the failed War on Drugs,” CBC is calling for “automatic expungement for those convicted of misdemeanors for marijuana-related offenses, and an easy path to expungement for those previously convicted of felonies for marijuana-related offenses.”

“People should not have to suffer today for previously illegal behavior that is now allowable in their community.”

The lawmakers also want marijuana to be reclassified under federal law, saying that its current Schedule I status is undermined by the fact that “90% of American states allow for the use of medical marijuana.”

“Some of the same folks who told African Americans ‘three strikes and you’re out’ when it came to marijuana use and distribution, are now in support of decriminalizing the drug and making a profit off of it,” CBC Chairman Cedric L. Richmond (D-LA) said in a press release. “The Congressional Black Caucus supports decriminalizing marijuana and investing in communities that were destroyed by the War on Drugs – which, in addition to being a failed war, was a war on black and brown communities. We also support expunging the records of those previously convicted of misdemeanors for marijuana-related offenses.”

The new position, which was supported by an overwhelming majority of the Caucus, was first reported by the Associated Press.

The announcement comes a month after CBC members included marijuana descheduling in a wide-ranging bill to foster racial justice and stimulate job growth.

Congressional Black Caucus Pushes Major Marijuana Reforms

This week, Congressman John Lewis (D-GA), a hero of the civil rights movement who was beaten bloody during a 1965 march for voting rights, signed onto a separate bill called the Marijuana Justice Act. That legislation would not only remove marijuana from the Controlled Substances Act but would also withhold federal funding from states with discriminatory marijuana enforcement. Funds saved would then be invested in job training, public libraries and other services.

Read the CBC’s full marijuana position below:

· Black communities have been disproportionately policed and convicted for drug offenses and the CBC supports reforms that would reduce the number of black people in prison and being sentenced to prison while concurrently investing in communities that have been ravaged by the failed War on Drugs.

· The CBC supports efforts to decriminalize the use and possession of marijuana. This means that the states should be allowed to make their own decisions about how to regulate marijuana and the federal government should be out of the business of prohibition and related law enforcement of marijuana.

· The CBC supports the rescheduling of marijuana. Its current classification as a Schedule I controlled substance under the Controlled Substances Act (CSA) is inappropriate and problematic, especially since 90% of American states allow for the use of medical marijuana, which defies the CSA’s determination that marijuana “has no currently accepted medical use in treatment in the United States”.

o Rescheduling marijuana will allow needed research to proceed on the long-term impacts of marijuana use and will remove the prospect of criminal prosecution for those following state laws.

· The CBC supports restorative federal investments in communities that have been ravaged by the failed War on Drugs, of which marijuana prohibition is a major component.

o 40% of federally convicted drug offenders are black.

o 12% of drug offenders in the prison population are for marijuana offenses.

o 14% of the drug offenders’ population is African American.

o A majority of convicted offenders receive felony sentences.

The implications of these statistics are severe. Families are torn apart, local economies are negatively impacted, and ex-offenders are disenfranchised.

· The CBC also supports the automatic expungement for those convicted of misdemeanors for marijuana-related offenses, and an easy path to expungement for those previously convicted of felonies for marijuana-related offenses. People should not have to suffer today for previously illegal behavior that is now allowable in their community.

· The CBC supports extensive research into the long-term health effects of marijuana use. Due to its prohibition, the ability of the public and the academic community to study marijuana has been severely restricted. The CBC encourages more studies into marijuana’s impact on human health, especially its impact on the mental and physical development of young people.

The Congressional Black Caucus was established in 1971 and has a historic 48 members for the 115th Congress, including one Republican member and two senators. Congressman Cedric L. Richmond (D-LA-02) is the chair of the caucus.

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.)

Politics

Watch Live: Senate Committee Holds Hearing On Marijuana And Health

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The U.S. Senate Caucus on International Narcotics Control is scheduled to discuss the health effects of marijuana at a hearing on Wednesday afternoon.

The event—titled “Marijuana and America’s Health: Questions and Issues for Policy Makers”—will feature testimony from Surgeon General Jerome Adams and National Institute On Drug Abuse Director Nora Volkow, along with several academics.

Watch the Senate marijuana hearing below:

In a Senate floor speech on Tuesday in which he previewed the hearing, caucus co-chair Sen. John Cornyn (R-TX) compared claims about cannabis’s medical benefits to decades-old ads about tobacco.

“There’s no shortage of people who claim that marijuana has endless health benefits and can help patients struggling from everything from epilepsy to anxiety to cancer treatments,” he said. “This reminds me of some of the advertising we saw from the tobacco industry years ago where they actually claimed public health benefits from smoking tobacco, which we know as a matter of fact were false and that tobacco contains nicotine, an addictive drug, and is implicated with cancers of different kinds.”

In August, Cornyn said that he wanted to hold a hearing focused on cannabis’s health effects before the Senate moves to consider a proposal to allow state-legal businesses to access banking services. A bill to do so passed the House of Representatives last month and Senate Banking Committee Chairman Mike Crapo (R-ID) says he’d like to advance similar legislation by the end of the year, though he has indicated he wants some changes to the version approved by the other chamber.

The narcotics panel hosting the health hearing is also co-chaired by Sen. Dianne Feinstein (D-CA), who has long opposed broad marijuana reform. She did cosponsor a bill to let states set their own cannabis laws without federal interference during the course of her reelection campaign last year, but has not yet signed onto a new version filed in the current Congress.

Federal Court Dismisses Suit Against DEA Over Marijuana Growing Applications

Photo elements courtesy of rawpixel and Philip Steffan.

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UK Parliament Committee Endorses Decriminalizing Drugs

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A UK House of Commons panel is calling on the government to decriminalize drugs and adopt other harm reduction approaches to address a growing overdose crisis.

“We recommend a radical change in UK drugs policy from a criminal justice to a health approach. A health focused and harm reduction approach would not only benefit those who are using drugs but reduce harm to and the costs for their wider communities,” reads a report issued on Wednesday by the Health and Social Care Committee. “Decriminalisation of possession for personal use saves money from the criminal justice system that is more effectively invested in prevention and treatment.”

“Every drug death is avoidable. However, the United Kingdom, and in particular Scotland, have amongst the highest drug death rates in Europe. The evidence we have heard leads us to conclude that UK drugs policy is failing.”

The panel said that decriminalization alone “will not be effective without investing in holistic harm reduction, support and treatment services for drug addiction.” To that end, it is also voicing support for syringe exchange programs, drug checking services, naloxone, safe consumption facilities and heroin assisted treatment—components that it says “can all play an important role in preventing deaths amongst drug users as well as protecting their communities by reducing the harm from discarded syringes and drug related crime.”

The committee also wants to move responsibility for drug policy from the Home office, which handles crime, to the Department of Health and Social Care. “We strongly recommend this move,” the report says.

When it comes to the proposal to remove criminal penalties for drug possession, the committee wrote about witnessing the success of that policy in Portugal, where it was enacted in 2001.

“On our visit to Portugal we saw a system marked by a positive attitude to service users which recognised the impact that chaotic lifestyles could have on engagement with support and treatment,” the report says. “There was a striking ethos of holistic, non-judgemental treatment and access to services focused on the needs of individuals rather than the convenience of the system.”

The lawmakers said that UK-based treatment professions share “a similar ethos, but their capacity to deliver is compromised by inadequate funding and the policy framework.”

The Portuguese model, they write, has “had an impact on stigma” and has led to a “dramatic drop in drug related deaths…without significant increases in drug use.”

“All those we met in Portugal involved in this policy area were very positive about their model,” the lawmakers said. “On introduction, there had been significant opposition, but there is now political consensus and nobody would want to go back. Some of those we met were now of the view that the next step should be legalisation and regulation, to enable the generation of taxation revenue and quality control.”

“Efforts to improve the unacceptably high rates of drug-related deaths would be strengthened by explicitly reframing drug use as a health rather than a criminal justice issue.”

The panel’s report also recounts how members toured supervised drug consumption facilities in Frankfurt, Germany, and recommends that they be “piloted in areas of high need” in the UK.

“Police representatives told us that these facilities should not be viewed simply as allowing people to take illicit drugs–they are about safety, stopping drug overdoses, and very importantly, providing access to a wraparound of other services to eventually stop that person’s drug use,” they wrote. “Harm reduction approaches such as [drug consumption rooms] reduce the wider harms to local communities as well as for those using drugs.”

A government spokesperson rejected the committee’s recommendation to remove criminal penalties for low-level drug offenses, saying that it “would not eliminate the crime committed by the illicit trade, nor would it address the harms associated with drug dependence and the misery that this can cause to families and communities.”

But Dr. Sarah Wollaston MP, chair of the Health and Social Care Committee, said that “a holistic approach centered on improving the health of and reducing the harm faced by drug users, as well as increasing the treatment available, must be a priority going forward.”

“This approach would not only benefit those who are dependent on drugs but benefit their wider communities,” she said in a press release. “The Government should learn lessons from the international experience, including places like Portugal and Frankfurt. It should consult on the decriminalisation of drug possession for personal use from a criminal offence to a civil matter. Decriminalisation alone would not be sufficient. There needs to be a radical upgrade in treatment and holistic care for those who are dependent on drugs and this should begin without delay.”

James Nichols, CEO of the pro-reform Transform Drug Policy Foundation, praised the report but also suggested its recommendations didn’t go far enough in that they would leave the market unregulated by simply decriminalizing possession.

“We need to think about drugs as a health issue, not a criminal justice agenda. This isn’t simply a matter of thinking differently. It’s about creating an entirely new policy landscape. It means action, not just words,” he wrote in a blog post. “Decriminalisation is essential in moving drug policy away from the simplistic, ineffective and often prejudicial approach we have today. Ultimately, though, we need to bring the whole market under legal regulation in order to really get drugs under control and reduce the violence and exploitation that prohibition creates.”

The UK committee’s endorsement of decriminalization is just the latest sign that broad drug policy reforms beyond marijuana legalization are gaining traction around the globe.

This month, Scotland’s ruling party unanimously adopted a resolution endorsing “decriminalization of possession and consumption of controlled drugs so that health services are not prevented from giving treatment to those that need it.”

In Canada, the House of Commons Standing Committee on Health issued a report in June recommending the government “work with provinces, territories, municipalities and Indigenous communities and law enforcement agencies to decriminalize the simple possession of small quantities of illicit substances.”

In the U.S., presidential candidates such as Pete Buttigieg and Tulsi Gabbard have voiced support for drug decriminalization during the course of their campaigns for the Democratic nomination, and businessman Andrew Yang and former Rep. Beto O’Rourke (D-TX) spoke in favor of removing criminal penalties for at least opioids during a debate this month.

Denver and Oakland have enacted policies this year focused on psychedelics decriminalization.

A poll released this month found that a majority of Americans—55 percent—support decriminalizing drugs.

Last week, a top Mexican lawmaker proposed going further by legalizing the production and sales of drugs in order to undercut the violent, cartel-controlled underground market.

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

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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USDA Outlines Rules For Importing Hemp Plants And Seeds From Other Countries

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The U.S. Department of Agriculture (USDA) quietly updated guidance last week to clarify that hemp seeds and plants may be imported from other countries.

As was the case under a previous announcement focused on seeds, the requirements for importing the full plant from Canada are different than for other countries. Plants from Canada are allowed if they’re “accompanied by a phytosanitary certificate from Canada’s [national plant protection organization” to verify the origin of the plant and to confirm no plant pests are detected.” For other countries, importers must fill out an additional permit application.

Companies can also import hemp seeds from Canada if they produce a “Federal Seed Analysis Certificate.”

In addition to a phytosanitary certificate, those who seek to import seeds from countries other than Canada are subject to a Custom and Border Protection inspection at the port of entry in order “ensure they meet [Animal and Plant Health Inspection Service] regulations, including certification and freedom from plant pests.”

Prior to last week, USDA had only offered guidance on the rules for importing seeds, which it released in April. Both updates are in response to the federal legalization of hemp and its derivatives under the 2018 Farm Bill.

USDA has taken an incremental approach to the implementation process for hemp since the legislation was signed into law last December. The department said in April that it’s accepting applications for intellectual property protections for seed-propagated hemp.

In August, USDA said farmers operating under the 2014 Farm Bill are eligible for federal crop insurance for the 2020 planting season. That coverage will extend to all hemp farmers after USDA releases its final regulations for the crop.

USDA Deputy Secretary Stephen Censky said on Monday that the department plans to release its interim final rule on hemp within “the next couple of weeks.”

The latest development comes after more than three months of interagency review of the regulations, which included input from the Justice Department and White House Office of Management and Budget.

Hemp Regulations Will Be Issued Within Weeks, Top USDA Official Says

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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