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.
Hemp Farmers Guaranteed Federal Crop Insurance Through Disaster Bill Amendment
The Senate approved a bill on Thursday that is mostly focused on providing relief aid to areas impacted by natural disasters—but it also includes a provision ensuring that hemp farmers qualify for federal crop insurance.
The hemp section was inserted into the legislation at the behest of Senate Majority Leader Mitch McConnell (R-KY). Though similar language already exists in the 2018 Farm Bill, which federally legalized hemp and its derivatives, the senator took an added measure to provide clarity to farmers who want access to the insurance option ahead of the 2020 planting season.
“Beginning not later than the 2020 reinsurance year, the Federal Crop Insurance Corporation shall offer coverage under the wholefarm revenue protection insurance policy (or a successor policy or plan of insurance) for hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)),” text of the provision states.
“Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985,” it continues.
The Senate passed the bill by a vote of 85 to 8. The House is expected to approve the disaster legislation by unanimous consent by the end of the week, and President Donald Trump has offered assurances that he will sign it into law.
The legalization of hemp has sparked strong interest among farmers in states from Colorado to Kentucky, but it will still be some time until the U.S. Department of Agriculture (USDA) develops and implements its federal regulatory guidelines.
Agriculture Secretary Sonny Perdue said that while his department would not rush its rulemaking process, it still intends to implement the regulations before the 2020 planting season. After that point, USDA would be able to approve regulatory plans submitted by individual states.
McConnell, who championed the hemp legalization provision, has urged the quick and effective implementation of such regulations, and he’s suggested that he’d introduce standalone legislation to resolve any “glitches” in its rollout.
While not a standalone bill, the hemp-focused provision of the disaster legislation seems to indicate he plans to make good on that promise.
The senator has made much of his pro-hemp agenda, arguing last month that his role in reforming hemp laws is at “the top of the list” of reasons why voters should reelect him in 2020. He also cited hemp as an agricultural alternative to tobacco when he introduced a bill this week to raise the minimum age requirement to purchase tobacco products from 18 to 21.
Congressional Report Urges DEA Action On Marijuana Cultivation Applications
A congressional committee report attached a large-scale spending bill containing marijuana-related protections has been amended to include a call for the Drug Enforcement Administration (DEA) to finally act on long-pending applications for federal licenses to grow cannabis for research purposes.
The legislation itself, which was released by a House subcommittee last week, could still be further amended as it goes through the legislative process. But as approved by the full House Appropriations Committee on Wednesday, the bill stipulates that none of the Fiscal Year 2020 funds it allocates may be used by the Justice Department to interfere in state-legal medical marijuana programs.
The provision has been federal law since 2014, but its inclusion in the initial subcommittee proposal as introduced is the earliest it has ever surfaced in the legislative process for the annual spending bill. While advocates hoped broader protections for adult-use cannabis states would also be included in the base legislation, that rider isn’t in the bill—at least not yet.
There was also a technical problem with the legislation that wasn’t resolved by the committee manager’s amendment, the text of which has not been posted but was obtained by Marijuana Moment. The medical cannabis provision lists the states and territories its protections apply to—but it left out the U.S. Virgin Islands, which legalized medical marijuana in January.
Similar errors have occurred in past versions of the legislation, when legal medical cannabis states North Dakota and Indiana were not included in an earlier version of the rider, and advocates hope that the language will be amended on the House floor.
But while that fix didn’t make it into the bill at the committee level, the directive to the DEA about cannabis cultivation licenses was added to the committee report attached to the bill via the manager’s amendment.
“The Committee urges the Drug Enforcement Administration to expeditiously process any pending applications for authorization to produce marijuana exclusively for us in medical research,” the revised report states.
The DEA has faced significant pressure from lawmakers, advocates and scientists to approve applications for additional marijuana manufacturers to produce research-grade cannabis. Currently there is only one federally authorized facility, and the quality of its product has long been criticized.
DEA announced a process to license additional cultivators during the final months of the Obama administration in 2016, but the Justice Department under then-Attorney General Jeff Sessions refused to act on more than two dozen pending applications. Current Attorney General William Barr has pledged to look into the matter, and has said he agrees that approving additional manufacturers is necessary.
Advocates hope that the new committee report language could help to finally spur movement at the department.
“The DEA is a disaster on marijuana and they need to stop obstructing research ASAP,” Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment.
“It’s beyond ridiculous that they won’t act on these applications. Even prohibitionists like Project SAM agree,” he added, referring to the anti-legalization group Smart Approaches to Marijuana. “And when the guys who get their drug policy from the 1920s say you’re behind the times, that’s pretty embarrassing.”
Justin Strekal, political director for NORML, said that Sessions “was the only government official opposed to cannabis research, and he is no longer employed.”
“Now is the time for AG Barr to follow through on his commitment and allow researchers pathways to consumer-grade cannabis,” he said.
Another provision included in the appropriations bill would offer protections for states that have implemented industrial hemp pilot programs under the 2014 Farm Bill. The Justice Department wouldn’t be allowed to use its funds to interfere in such programs under the proposal.
Of course, the 2018 version of the agriculture legislation removed hemp and its derivatives from the Controlled Substances Act, shifting regulatory responsibility onto the U.S. Department of Agriculture instead of the Justice Department, so that provision may not be especially relevant going forward.
The bill will next head to the Rules Committee, which will decide the list of amendments—potentially including additional cannabis-related ones—that can be considered on the House floor.
Read the text of the manager’s amendment with the DEA marijuana language below:
Managers Amendment FINAL by on Scribd
Photo courtesy of Mike Latimer.
House Committee Approves Immigration Bill With Marijuana Protections
A congressional committee voted in favor of a wide-ranging immigration bill on Wednesday, and the legislation includes marijuana-related protections for people who were brought to the U.S. as children.
Under the DREAM Act as approved, having low-level cannabis convictions, or engaging in state-legal cannabis-related activities such as working in the regulated marijuana industry, would not be counted against applications for permanent resident status for so-called Dreamers.
The House Judiciary Committee advanced the bill in a 19-10 vote, without specific discussion about the cannabis provisions.
The section concerning eligibility for permanent status stipules that having three or more misdemeanor convictions could be grounds for ineligibility—but the bill creates an exemption for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”
The text seems to indicate that immigrants who engaged in cannabis-related activities prior to a state reforming its marijuana laws would still be protected even if that activity was not state-legal at the time.
Similar language appears under a separate section about grounds for a provisional denial of an application for adjustment of status. Applicants would be exempted from such a denial if their conviction was for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”
A previous version of the legislation, filed in March, didn’t include the specific eligibility requirements related to certain criminal activity, nor did it contain any explicit marijuana protections. It’s possible that House Democrats thought up the exemptions during a brainstorming session earlier this month about potential bill revisions aimed at building more support.
The next likely stop for the DREAM Act will be the House Rules Committee before heading to a full floor vote.
There’s been growing interest in reforming marijuana policies as they apply to immigrants and visitors to the U.S.
Earlier this month, four congressional Democrats sent a letter to the head of the Justice Department and Department of Homeland Security to end the practice of rejecting naturalization applications solely because the applicant worked in a state-legal marijuana market. That came after the U.S. Citizenship and Immigration Services (USCIS) released a memo specifying that such activity could render them morally unfit for citizenship.
And last week, Rep. Earl Blumenauer (D-OR) introduced legislation aimed at resolving marijuana-related border issues, whereby visitors who admit to using cannabis or working in their country’s legal industry can be denied entrance.
Photo courtesy of Philip Steffan.