A powerful congressional subcommittee approved legislation this week that would continue preventing the city of Washington, D.C. from moving to broaden its current marijuana legalization law. The bill would also add a new restriction on the use of funds to support opening safe consumption facilities where people could consume illegal drugs under the supervision of medical professionals.
The provisions, contained in Fiscal Year 2019 funding legislation approved on Thursday by the House Appropriations Subcommittee on Financial Services and General Government continue a long tradition of Republican-controlled Congresses interfering in the ability of officials in the nation’s capital to set local cannabis and drug policies.
The marijuana provision, which continues current law, reads:
SEC. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District of Columbia government under any authority may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.
D.C. voters approved a ballot initiative to legalize low-level marijuana possession and limited homegrow of cannabis plants in 2014. But despite City Council support for building on that measure with a system of legal, taxed and regulated marijuana production and retail sales, the District hasn’t been able to move forward with those plans because of the ongoing congressional prohibition.
Separately, the House subcommittee’s bill, which is expected to go before the full Appropriations Committee next month, would ban the use of federal funds to support safe consumption facilities for illegal drug users.
SEC. 807. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution, or used for the operation of a supervised drug consumption facility that permits the consumption of any substance listed in Schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) onsite.
The ban on the use of funds for certain needle or syringe exchange programs in the provision has been law for years, but the clause about supervised drug consumption sites is new.
While no such aboveground site yet exists in the U.S., the addition of the new funding prohibition language comes as public health advocates and officials in a number of states across the country are endorsing the idea.
As the New York Times editorial board recently wrote, “Seattle and San Francisco are both on track to open sites, and Philadelphia recently approved the idea as well. Boston, Ithaca and New York City are considering their own facilities.”
Whereas the ban on further marijuana legalization in D.C. applies to both the use of federal funds and those raised locally by the District, the safe consumption site ban only covers federal funds. So D.C. would presumably still be able to use local tax dollars to pay for the facilities.
But the funding issue aside, the mere legality of the proposed sites, which are sometimes called safe injection facilities (SIFs), is itself in question.
Vermont’s U.S. attorney, for example, said in a statement last year that such sites would send the “wrong message to children in Vermont: the government will help you use heroin.” He further wrote:
“Of equal importance, the proposed SIFs would violate several federal criminal laws, including those prohibiting use of narcotics and maintaining a premises for the purpose of narcotics use. It is a crime, not only to use illicit narcotics, but to manage and maintain sites on which such drugs are used and distributed. Thus, exposure to criminal charges would arise for users and SIF workers and overseers. The properties that host SIFs would also be subject to federal forfeiture.”
Advocates, on the other hand, say the facilities save lives by making sure drug consumers can receive medical attention from on-site personnel in the event of overdoses.
A study of a safe injection site operating in Vancouver, Canada found that overdose deaths dropped much more sharply in the neighborhood surrounding the facility as compared to the rest of the city.
A press release from the office of Congresswoman Eleanor Holmes Norton (D-DC) mentioned the marijuana provision in the new funding bill but was silent on the drug consumption site language.
Photo courtesy of Ted Eytan.
Read: Here’s The Final 2018 Farm Bill That Will Legalize Hemp
The final text of the 2018 Farm Bill was released on Monday, and industrial hemp legalization made the cut. Votes to send the legislation to President Trump’s desk are expected this week.
The bipartisan provision, championed by Senate Majority Leader Mitch McConnell (R-KY), will enable U.S. farmers to cultivate, process and sell hemp, the market for which is now a multi-billion dollar industry.
Following the announcement last month that lawmakers in the Senate and House Agriculture Committees had reconciled their respective versions of the agriculture legislation—with hemp legalization in the mix—questions remained about a controversial provision in the Senate version that would ban people with felony drug convictions from participating in the hemp industry.
But a compromise was reached and the final version will allow such individuals to work for hemp businesses after 10 years.
Read the text of the final 2018 Farm Bill’s hemp provisions here, followed by explanatory statements from the conference committee:
Farm Bill Hemp Provisions by on Scribd
Marijuana Moment excerpted the above sections dealing with hemp from the full 807-page Farm Bill and committee explanatory documentation.
“While this Farm Bill is a missed opportunity, there are some good provisions,” Rep. Earl Blumenauer (D-OR) said in a press release. “One of those provisions is to roll back our senseless hemp prohibition.”
“Our forefathers would be rolling in their graves if they saw us putting restraints on a versatile product that they grew themselves. We have farmers growing thousands of acres of hemp in dozens of states across the U.S. already. You can have hemp products shipped to your doorstep. This is a mainstream, billion-dollar industry that we have made difficult for farmers. It’s past time Congress gets out of their way.”
Under the legislation, hemp would no longer be in the jurisdiction of the Justice Department. Rather, the U.S. Department of Agriculture will lightly regulate the crop.
If the bill passes and President Trump signs it, hemp legalization will go into effect on January 1, according to VoteHemp.
Watch: Sen. Mitch McConnell Uses Hemp Pen To Sign Farm Bill Legalizing The Crop
Senate Majority Leader Mitch McConnell (R-KY) signed off on the final version of the 2018 Farm Bill on Monday…and he used a pen made of marijuana’s non-psychoactive cousin, hemp, to so do.
The senator has been the leading proponent of an industrial hemp legalization provision, which recently made its way into the final version of the wide-ranging agriculture legislation.
“Making it official with my hemp pen,” McConnell wrote in a tweet that includes video of him signing off on the proposal. “Proud to have served as conferee on Farm Bill & to fight for Kentucky priorities.”
Making it official with my hemp pen!🖋️ Proud to have served as conferee on #FarmBill & to fight for #Kentucky priorities. With today's signature, my provision to legalize industrial #hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to @POTUS pic.twitter.com/8ypwBebXy7
— Leader McConnell (@senatemajldr) December 10, 2018
“With today’s signature, my provision to legalize industrial hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to [President Donald Trump].”
The full text of the final Farm Bill legislation is expected to be publicly released on Tuesday, with votes anticipated in the House and Senate in the coming days.
Photo courtesy of Gage Skidmore.
New York Governor May Include Marijuana Legalization In Budget Proposal Next Month
New York Gov. Andrew Cuomo (D) might just go ahead and include full marijuana legalization in his budget proposal set to come out next month, Crain’s reported on Monday.
Two state lawmakers told the outlet that they’d heard rumors about the governor’s plan, which would build on his recent efforts to put legalization on the table during the next legislative session. Cuomo instructed a working group to draft legalization legislation in August after the state Department of Health came out with a report that found the pros of ending cannabis prohibition outweigh the cons.
If the historically anti-marijuana governor, who as recently as last year was calling cannabis a “gateway drug,” did put legalization in his budget proposal, it’d mean “the state could have a fiscal framework for the program as soon as April,” Crain’s reported.
What exactly that fiscal framework would look like is unclear, and Cuomo’s office declined to comment on the report. It’s possible that the budget would account for the costs of whatever legislation the working group ultimately releases; however, since the bill has yet to be released and the governor’s proposal is expected for January, that might be cutting it close.
In 2014, reform advocates expressed disappointment after Cuomo and leading lawmakers agreed to a budget deal that did not include a medical marijuana legalization bill. Months later, Cuomo signed separate medical cannabis legislation and, in the years since, the governor has grown more amenable to broader reform—especially in the heat of a contentious primary battle against Cynthia Nixon this year.
When the state does go forward with legalization, money is going to be a point of particular interest for lawmakers and advocates, as can already be seen as a debate over a proposal to use cannabis sales tax revenue for public transit in New York City intensified last week.
Photo courtesy of Zack Seward.