A powerful congressional panel voted on Thursday to continue shielding medical marijuana patients and providers who comply with state laws from prosecution by the federal government.
While the provision has been federal law since 2014, when it was first attached to legislation that funds the U.S. Department of Justice, its continuance has been in question because of recent efforts by Republican leadership to prevent votes on cannabis amendments.
But in a stunning bipartisan move, the House Appropriations Committee voted to add the provision as a rider to legislation funding U.S. Attorney General Jeff Session’s department for Fiscal Year 2019.
The amendment was offered by Rep. David Joyce (R-OH).
“I’d be remiss if I did not point out that recent polling from just last month shows 92 percent of the American people support the use of medical marijuana,” Joyce said in debate before the committee adopted his amendment by a voice vote. “In fact, even more voters from every political demographic oppose federal interference in state marijuana laws.”
Historically, the measure has been approved on the House floor but, because Rules Committee Chairman Pete Sessions (R-TX) has effectively blocked floor votes on cannabis amendments for the last several years — most recently on Wednesday when his panel prevented three hemp measures from advancing — supporters haven’t gotten a chance to bring the medical marijuana measure before the full chamber since 2015, when it passed by a margin of 242-186.
Since then, the provision has been extended, mostly by default, through large-scale omnibus bills or short-term continuing resolutions that have largely kept federal spending policy riders frozen in place for the last few budget cycles.
But legalization supporters circumvented their Pete Sessions problem on Thursday by inserting the marijuana language into the funding bill at the earlier Appropriations panel stage, a move they previously haven’t risked because members of Congress are seen as more likely to avoid bucking party leadership at the committee level when bills are being crafted.
“Congress still has a long way to go, but it’s remarkable how far we’ve come,” Rep. Earl Blumenauer (D-OR), who has played a leading role in pushing cannabis reform measures, said in a statement. “Today’s vote is the latest example of the progress we’ve made. It’s still not enough, especially with Jeff Sessions at the helm of the justice system. Congress must seize this moment and act to expand protections to adult use.”
The growing number of states that are enacting medical cannabis laws in recent years means that far more members of Congress represent constituents who stand to be harmed by the spending riders’ disappearance, however, so advocates felt comfortable placing the measure before the committee this year.
“Today’s vote marks a victory for medical marijuana patients and another defeat for Attorney General Jeff Sessions and his prohibitionist agenda,” Justin Strekal, political director for NORML, said in an interview. “Representative David Joyce has demonstrated to his colleagues that it is time for mainstream Republicans to embrace federalism and provide protections for state-approved marijuana programs.”
Attorney General Jeff Sessions, who has no familial relation to the Rules Committee chairman of the same last name, asked congressional leadership to discontinue the provision in a 2017 letter, but lawmakers then extended it anyway as part of large-scale budget deals for the rest of that fiscal year and into FY 2018.
“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” Sessions wrote at the time. “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”
Now, the protections for state medical marijuana laws and the people and businesses who rely on them are pace to continue through 2019 as well. The rider does not protect broader state laws allowing recreational marijuana use and businesses.
Great news for states' rights and those suffering severe pain. @HouseAppropsGOP Fiscal Year 2019 Commerce, Justice and Science Appropriations Bill will include an amendment offered by myself protecting states' rights regarding the use of medical marijuana.
— Dave Joyce (@RepDaveJoyce) May 17, 2018
The Senate Appropriations Committee is expected to take up its version of the Justice Department legislation next month. That panel has easily approved the medical cannabis rider — and other marijuana provisions — in recent fiscal years, and is expected to do so again.
By taking the House committee route, led by Joyce, marijuana reform supporters also avoided the measure’s long association with Rep. Dana Rohrabacher (R-CA), who has been its chief sponsor for years and who isn’t a member of the Appropriations panel. The reputation of Rohrabacher, who is seen as one of the most pro-Russia members of Congress, has been damaged amid revelations about that country’s interference in the 2016 U.S. presidential race
And his reelection this year, in a district that Hillary Clinton won, is uncertain.
Now, because the measure was successfully attached to the 2019 Justice Department bill by Joyce, it is the Ohio congressman’s name — and not Rohrabacher’s — that will likely appear at the top of congressional sign-on letters about it, probably making it more likely that fellow GOP members will more seriously consider supporting its extension.
For now, advocates are hopeful that Congress is getting the message that supporting marijuana law reform is good politics.
The Thursday vote “shows that protecting state medical marijuana programs from interference by the Department of Justice is no longer a controversial issue when members of Congress are given an opportunity to vote on this issue,” said Michael Liszewski, a policy advisory at the Drug Policy Alliance. “The House Appropriations Committee stands with the 90 percent of Americans, including supermajorities of all Republicans and Democrats alike, who think Jeff Sessions and the Department of Justice have no business disrupting state medical marijuana programs. The only thing standing in the way of more comprehensive federal marijuana reform proposals is a small handful of committee leaders who are blocking these bills and amendments from moving forward.”
And Don Murphy of the Marijuana Policy Project said the fact that no cannabis opponents demanded a roll call vote on the state protection measure is significant.
“Opponents clearly want to avoid being on the record voting against sick patients and states’ rights, which explains why the committee held a voice vote,” he said.
Separately during the Appropriations Committee’s markup of the Commerce, Justice Science spending bill, Rep. Andy Harris (R-MD), an opponent of legalization, successfully offered an amendment urging the U.S. Drug Enforcement Administration to quickly process pending applications to cultivate marijuana to be used in scientific research.
Senate Committee Blocks DC Marijuana Legalization While Advancing Hemp Regulations
The Senate Appropriations Committee has again advanced a spending bill that includes a provision blocking Washington, D.C. from using its own local tax dollars to implement a legal marijuana sales program.
The panel voted in favor of the Financial Services and General Government (FSGG) funding legislation for Fiscal Year 2020 during a hearing on Thursday, with two senators voicing opposition to the D.C. rider. Earlier in the meeting, the committee approved a separate spending bill that provides funding to the U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) for hemp and CBD programs.
While text of the bills and related reports aren’t available yet, Sen. Chris Van Hollen (D-MD) spoke out against the Senate’s continued efforts to dictate how D.C. spends its own money, emphasizing that voters in the district overwhelmingly approved adult-use cannabis legalization in 2014 through a ballot measure, yet the local government is unable to create a commercial marijuana market for consumers.
“You may like [cannabis legalization] or not like that, but the reality is it’s legal in the District of Columbia so what the mayor and the county council want to do is regulate it,” he said. “Right now it’s legal but it’s lawless. There are no regulations.”
Van Hollen said it’s the “bad guys” who benefit from the lack of a regulated marijuana program by being able to sell product on the illegal market, adding that it’s “the people who want to take advantage of people who have free rein.” He added that D.C. Mayor Muriel Bowser (D) sent him a letter expressing frustration over the restriction.
“Mr. Chairman, I know there’s a further discussion going on,” he said. “I’m not going to support this bill at the end of the day if we end up usurping the powers of the people of the District of Columbia to do what they want with their own money. We have got to stop acting like we run the business of the city and I hope this is the last time we will see provisions that usurp the powers of the people of the District of Columbia.”
Sen. Patrick Leahy (D-VT), ranking member on the committee, similarly complained about the provision.
“I think every single Democrat and Republican on this committee would oppose a provision in these bills or any other bills that told their specific state—tell Louisiana what they must do, just Louisiana, or just New Hampshire or any other state,” he said. “I have railed against this idea of this Congress trying to micromanage the District of Columbia.”
Leahy added that while he’s disagreed with certain decisions made by the district’s government unrelated to cannabis, it’s important that they’re able to make their own choices.
The House-passed version of this spending bill that was approved earlier this year omitted the D.C. rider without objection from its traditional sponsor, Rep. Andy Harris (R-MD), who said he didn’t attempt to push it as an amendment because his party is “not in charge anymore” in the chamber. That legislation also included a provision protecting banks that service marijuana businesses from being penalized by federal financial regulators.
Bowser, the D.C. mayor, filed a marijuana legalization bill with the District Council earlier this year in anticipation of the rider’s removal under the Democratic-controlled House. If the Senate approves its version of the spending legislation containing the D.C. block, it will be up to a bicameral conference committee to decide what is included in the final package sent to President Trump’s desk.
Prior to the FSGG Appropriations vote, members passed agriculture spending legislation that sets aside funding for hemp-specific programs within USDA and FDA. Senate Majority Leader Mitch McConnell (R-KY), who championed a provision of the 2018 Farm Bill federally legalizing hemp and its derivatives, detailed the hemp provisions in a press release shortly after the vote.
As a senior member of the Appropriations & @SenateAgGOP Committees, @senatemajldr Mitch McConnell secured federal resources to implement the #hemp provisions in the #FarmBill18 as well as to support the federal research of hemp. https://t.co/E4GKmd7Rjb #kyag365
— Senator McConnell Press (@McConnellPress) September 19, 2019
The measures include providing $16.5 million for USDA to implement hemp legalization, $2.5 million for hemp research through the Agriculture Research Service, a provision urging FDA to issue enforcement discretion guidelines for CBD, another encouraging the Farm Credit Administration to provide services to hemp businesses and one supporting “competitive USDA grants for hemp projects.” The bill also contains a prohibition on “banning the transfer, production or sale of hemp” under research-focused provisions of the earlier 2014 Farm Bill.
“Hemp farmers, processors and manufacturers are exploring the crop’s great potential, and I’m proud to work with them every step of the way,” McConnell said. “With the passage of the 2018 Farm Bill and my hemp legalization provision, it’s important to provide the U.S. Department of Agriculture with the resources necessary to get the hemp program up and running. Once enacted, this federal funding will benefit this exciting new industry.”
“As Senate Majority Leader, I’m constantly looking for ways to secure federal resources for Kentucky’s priorities, and I look forward to continuing to work with my colleagues in Congress to send these Kentucky accomplishments to the president’s desk,” he said.
Photo courtesy of WeedPornDaily.
Feds Award $3 Million In Grants To Study Marijuana Ingredients As Alternatives To Opioids
The federal government has awarded $3 million in grants for research into the therapeutic benefits of ingredients in marijuana other than THC, emphasizing their potential as alternatives to prescription opioids.
In a notice published on Thursday, the National Institutes of Health (NIH) explained why the studies were necessary and listed grant recipients and the subjects they will investigate. That includes research into the use of CBD for arthritis pain, which will be led by New York University School of Medicine.
“The treatment of chronic pain has relied heavily on opioids, despite their potential for addiction and overdose and the fact that they often don’t work well when used on a long-term basis,” Helene Langevin, director of the National Center for Complementary and Integrative Health (NCCIH), said in a press release. “There’s an urgent need for more effective and safer options.”
A total of nine grants were issued, with NIH stating that the funds will help identify alternative treatment options for pain and provide information about the impact of consuming cannabis compounds such as CBD and other lesser-known cannabinoids as well as terpenes found in the plant.
“The cannabis plant contains more than 110 cannabinoids and 120 terpenes, but the only compound that’s been studied extensively is THC,” the press release said.
But while THC is known to treat certain forms of pain, NIH is concerned that its intoxicating effects limit its medical applicability.
“THC may help relieve pain, but its value as an analgesic is limited by its psychoactive effects and abuse potential,” David Shurtleff, deputy director of NCCIH, said. “These new projects will investigate substances from cannabis that don’t have THC’s disadvantages, looking at their basic biological activity and their potential mechanisms of action as pain relievers.”
Just released: Nine new research awards, funded by our Center, will investigate the potential pain-relieving properties and mechanisms of actions of the diverse phytochemicals in cannabis, including both minor cannabinoids and terpenes. https://t.co/03MxrycfFa
— NIH NCCIH (@NIH_NCCIH) September 19, 2019
NIH first announced that it would be issuing grants for studies into minor cannabinoids and terpenes last year.
Federal health agencies aren’t the only institutions interested in learning about marijuana compounds other than THC. On Wednesday, a Senate committee issued a spending report that called for research into CBD and CBG while also criticizing the federal drug scheduling system for inhibiting such research.
Read descriptions of the federal cannabinoid and terpene research grant awards below:
Mechanism and Optimization of CBD-Mediated Analgesic Effects; Boston Children’s Hospital, Boston,; Zhigang He, Ph.D., B.M., and Juan Hong Wang, Ph.D. This project will investigate how the pain-relieving effects of cannabidiol (CBD) and other minor cannabinoids may be modulated by the activity of potassium-chloride cotransporter 2 (KCC2), a chloride extruder expressed in most neurons. (Grant 1R01AT010779)
Neuroimmune Mechanisms of Minor Cannabinoids in Inflammatory and Neuropathic Pain; University of California, San Francisco; Judith Hellman, M.D., and Mark A. Schumacher, M.D., Ph.D. This project will explore the effects of minor cannabinoids on inflammatory and neuropathic pain in vitro and in vivo, focusing on the interactions of the cannabinoids with the peripheral receptor called TRPV1 and a cannabinoid receptor, CB1R. (Grant 1R01AT010757)
Minor Cannabinoids and Terpenes: Preclinical Evaluation as Analgesics; Research Triangle Institute, Research Triangle Park, North Carolina; Jenny L. Wiley, Ph.D. This project will evaluate purified biosynthesized minor cannabinoids and selected terpenes alone and in planned combinations to determine their potential efficacy as pain relievers against acute thermal, inflammatory, neuropathic, and visceral pain. (Grant 1R01AT010773)
Identifying the Mechanisms of Action for CBD on Chronic Arthritis Pain; New York University School of Medicine, New York City; Yu-Shin Ding, Ph.D. This project will use neuroimaging studies and behavioral assessments to investigate the mechanisms of action of CBD in the modulation of chronic pain associated with osteoarthritis in a mouse model. (Grant 1R21AT010771)
Synthetic Biology for the Chemogenetic Manipulation of Pain Pathways; University of Texas, Austin; Andrew Ellington, Ph.D. This project will use a novel method to evolve individual variants of cannabinoid receptor type 2 (CB2) that interact with high affinity with minor cannabinoids and evaluate the new variants in a mouse model of pain. (Grant 1R21AT010777)
Exploring the Mechanisms Underlying the Analgesic Effect of Cannabidiol Using Proton Magnetic Resonance Spectroscopy; University of Utah, Salt Lake City; Deborah A. Yurgelun-Todd, Ph.D. This project will use proton magnetic resonance spectroscopy (1H-MRS) to evaluate changes in brain chemistry in critical pain-processing regions after short-term administration of a cannabis extract enriched in CBD. (Grant 1R21AT010736)
Mechanistic Studies of Analgesic Effects of Terpene Enriched Extracts from Hops; Emory University, Atlanta; Cassandra L. Quave, Ph.D. This project will take a multidisciplinary approach to investigate the analgesic effects of terpenes from Humulus lupulus (hops), a plant that is closely related to cannabis and has a very similar terpene profile. (Grant 1R21AT010774)
Systematic Investigation of Rare Cannabinoids With Pain Receptors; University of Illinois at Urbana-Champaign; David Sarlah, Ph.D. This project involves synthesizing several classes of rare phytocannabinoids, systematically evaluating their anti-inflammatory potential, and examining the effects of the compounds with the strongest anti-inflammatory potential on the major receptors involved in pain sensation. (Grant 1R21AT010761)
Analgesic efficacy of single and combined minor cannabinoids and terpenes; Temple University, Philadelphia; Sara J. Ward, Ph.D. This project will use rodent models of pain to evaluate the effects of four biologically active components of cannabis that may act synergistically to protect against pain development and to assess the interactions of these four substances with morphine. (Grant 1R01AT010778)
Beto O’Rourke Proposes Drug War Reparations Funded By Marijuana Taxes
Marijuana would not only be legalized under a plan proposed on Thursday by Democratic presidential candidate Beto O’Rourke, but cannabis tax revenue would be used to directly repay formerly incarcerated people through a new “Drug War Justice Grant” program.
Unlike other contenders who have come around to supporting marijuana legalization in just the past couple of years, the former Texas congressman has long called for ending prohibition—and his new plan in many respects goes further than those rolled out by other campaigns.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)