A key Democratic congressman has a step-by-step plan to enact the end of federal marijuana prohibition in 2019 if his party takes control of the House, and he’s laying it all out in a new memo.
“Congress is out of step with the American people and the states on cannabis,” Rep. Earl Blumenauer (D-OR) writes in the eight-page document addressed to House Democratic Leadership. “We have an opportunity to correct course if Democrats win big in November. There’s no question: cannabis prohibition will end. Democrats should lead the way.”
House Republican leaders have blocked floor votes on dozens of cannabis-related amendments during the current 115th Congress. Not a single marijuana measure has advanced to a vote before the full body in 2017 or 2018.
Many political observers believe Democrats are likely to regain control of the House in next month’s midterm elections. Their chances in the Senate, however, are seen as more of a long shot.
But Blumenauer’s plan, which he is calling a “Blueprint to Legalize Marijuana,” is for a Democratic House to lead on the issue and build pressure on the Senate, where bipartisan support for cannabis reform is already growing.
The Oregon congressman says that after the 116th Congress is seated in January, Democrats should begin holding a series of hearings on cannabis issues.
“Almost every standing House committee has jurisdiction over some aspect of marijuana policy,” he writes. “Within the first six months of the new Congress, these committees should hold hearings, bring in experts, and discuss potential policy fixes.”
He gives nine examples, including:
- House Judiciary Committee hearing on descheduling marijuana
- House Veterans Affairs Committee hearing on safe and equal access to medical marijuana for veterans
- House Financial Services Committee hearing on barriers to the safe access of banking services and capital as well as unnecessary and unwise barriers to banking services for state legal marijuana businesses
By April, Blumenauer wants committees to begin passing legislation to “narrow the marijuana policy gap—the gap between federal and state marijuana laws.”
These incremental fixes would include measures concerning the removal of barriers to marijuana research, making amends for racial injustices stemming from unequal enforcement, providing pathways to banking services and tax reform for cannabis businesses, granting easier access to medical marijuana for military veterans and more.
Blumenauer suggests that Democratic leaders bring such bills to the House floor by August.
Come September, he wants the body to begin work on the ultimate goal: ending federal marijuana prohibition through a “full descheduling bill.”
His vision is that by the end of 2019, “Marijuana will be legal at the federal level, and states allowed to responsibly regulate its use. The federal government will not interfere with state efforts to responsibly regulate marijuana use within their borders.”
But while there is majority support for ending marijuana prohibition among House Democrats, the party’s leadership has so far appeared lukewarm to the idea of prioritizing the issue in 2019.
For example, Minority Whip Steny Hoyer (D-MD) recently said top Democrats “haven’t talked about that” when he was asked about pushing cannabis reform in next year.
And Nancy Pelosi (D-CA), the minority leader who many expect will seek the speakership again if her party regains a majority in the House, suggested that marijuana bills’ success would largely depend on support from President Trump.
“I don’t know where the president is on any of this,” she said. “So any decision about how we go forward would have to reflect where we can get the result.”
In fact, Trump, who repeatedly pledged to respect state marijuana laws on the 2016 campaign trail, indicated earlier this year that he would be likely to back sweeping cannabis reform legislation.
But Blumenauer is worried that if Democrats don’t move quickly to seize the marijuana reform, the GOP may seek to make the issue their own.
“If we fail to act swiftly, I fear as the 2020 election approaches, Donald Trump will claim credit for our work in an effort to shore up support—especially from young voters,” he writes. “Democrats must seize the moment.”
Also this week, Blumenauer is introducing legislation to address U.S. federal policy that could prevent Canadians who have ever used marijuana or work or invest in the legal cannabis industry from visiting the country.
The bill, pegged to Canada’s legalization law going into effect on Wednesday, would “exempt cannabis-use and/or participation in the cannabis industry as a disqualification for entry into the United States from a country that has ended its marijuana prohibition” and would shield “foreign nationals who participate in state-legal cannabis activity from deportation,” according to a congressional staffer.
Read Rep. Earl Blumenauer’s full plan for marijuana reform in a Democratic Congress here.
Governor Signs Bill Legalizing Medical Marijuana In The U.S. Virgin Islands
Medical cannabis was legalized in another U.S. territory on Saturday after the governor of the U.S. Virgin Islands signed a long-awaited bill into law.
“I have approved the Virgin Islands Medicinal Cannabis Care Act because it is a step in the right direction toward assisting Virgin Islanders suffering from autoimmune and other debilitating medical conditions,” newly sworn-in Gov. Albert Bryan Jr. (D) said in a press release.
The Virgin Islands Medical Cannabis Patient Care Act allows qualified patients to obtain, possess and consume marijuana for therapeutic purposes. It also establishes legal dispensaries and facilities to cultivate, test and manufacture cannabis products.
“After such a prolonged beating, I don’t know how to feel, except relieved for the people who will finally have access to healthy, effective, and affordable medicinal cannabis,” Senator Terrence ‘Positive’ Nelson, who for several legislative sessions in a row has sponsored medical cannabis bills that were ultimately defeated, said in a text message to Marijuana Moment.
“I feel redeemed and excited that the effort went from ‘laughable’ to law!”
Patients suffering from a list of serious medical conditions including cancer, HIV/AIDS, Parkinson’s disease and chronic pain will be able to receive a recommendation for medical marijuana from a licensed medical practitioner. Qualifying residents can possess up to four ounces of cannabis at a time and possession for non-residents will be capped at three ounces.
The legislation was approved by lawmakers last month.
In an interview with The St. Thomas Source last year, Bryan said he supports legalizing medical cannabis “based on the proven health benefits in the relief of pain and treatment of symptoms for many serious ailments including cancer.”
“I believe a properly regulated medicinal cannabis industry can provide relief to those seeking alternatives to conventional medicine and can also be an economic driver attracting new revenues for the Virgin Islands,” he said.
Revenue from the territory’s medical cannabis program will be used to fund drug rehabilitation, tourism projects, agriculture investments, work training and infrastructure.
While reform efforts in mainland U.S. have been receiving significant attention, advocates are also scoring wins in various U.S. territories. For example, the Commonwealth of the Northern Mariana Islands fully legalized cannabis last year, before even implementing a medical cannabis system.
“This legislation also gives effect to a Virgin Islands community-wide Referendum held in 2014 that approved the introduction of the medical-use sale of cannabis products by a majority of the voters,” Bryan said. “Since the Referendum, it is clear that marijuana-use policy in the United States has been changing rapidly in favor of medicinal and recreational use and will continue, even potentially on the federal level.”
The governor also suggested that the new medical cannabis policy may be tweaked going forward.
“The Legislature recognized that the Bill, as passed, is not perfect and needs more refinement and amendment and provides for an implementation period that we must aggressively pursue,” he said. It is part of the process of implementation of the regulatory and operational system. And therefore it will be essential that further revisions be developed, with professional guidance, in the implementation process, including preparation of Regulations, forms, fees, and procedures; and to undertake necessary amendments to the Bill with the Legislature.”
Nelson, the bill’s sponsor, said that he is looking forward to staying involved in the medical cannabis implementation process but that he is also ready to begin pushing for broader marijuana policy reforms.
“I am ready to assist with the establishment of rules and regulations which will be the next step,” Nelson said. “However, each jurisdiction cannot be satisfied with our own success in getting local law changed, but must continue the charge until there are changes to federal government law.”
“This is just another small victory on the rugged road to full legalization.”
Read the full text of the Virgin Islands Medical Cannabis Patient Care Act below:
USVI medical marijuana bill by on Scribd
UPDATE: A previous version of this story reported that the legislation was signed on Thursday as told to Marijuana Moment by the bill’s sponsor, Sen. Nelson. The governor signed the bill on Saturday.
Photo element courtesy of Wikimedia.
Marijuana Descheduling Could Be ‘Next Step’ In Congressional Criminal Justice Reform
Lawmakers in Congress are already weighing additional criminal justice bills as a follow up to recently passed sentencing reform legislation.
Reps. Hakeem Jeffries (D-NY) and Douglas Collins (R-GA), who championed the successful First Step Act signed into law by President Trump last month, are now considering introducing a bill that would clear the criminal records of people with nonviolent drug convictions that occurred before Congress reduced minimum sentencing requirements, The Washington Post reported on Thursday.
The legislation, which Collins is tentatively describing as the “Next Step Act,” is still in the early stages of being negotiated and drafted, would also restore people’s ability to get certain jobs after serving their sentences.
Jeffries, the fifth top ranking Democratic in the House, says that provisions removing marijuana from the Controlled Substances Act should be on the table for inclusion in the bill, and he is holding open the possibility that the minority party will get on board with the idea.
“Descheduling marijuana at the federal level shouldn’t actually be that controversial, and it’s consistent with Republican principles of states’ rights and federalism,” he told the Post.
Jeffries previously described cannabis decriminalization as the natural “next step” in criminal justice reform after the First Step Act passed.
Thanks to @RepDougCollins @RepRichmond, the administration and a strong left-right coalition (the unusual suspects), historic criminal justice reform legislation is now law. Next step, Congress should DECRIMINALIZE MARIJUANA #FirstStepAct #EndMassIncarceration pic.twitter.com/PpJ1uku53C
— Hakeem Jeffries (@RepJeffries) December 21, 2018
“It’s great to see a member of this stature among House Democrats make this commitment,” Queen Adesuyi, policy coordinator with Drug Policy Alliance, told Marijuana Moment. “Jeffries is a long champion of marijuana reform and really gets how we cannot have a full conversation about criminal justice reform and economic justice without a conversation about ending marijuana prohibition in a way that centers those most harmed by its enforcement.”
“I’m excited to see what his office will do as they lead on these efforts.”
But while descheduling stands a good chance of passing in the Democratic-led House, it’s not certain that Jeffries’s GOP counterpart would attach his name to a criminal justice reform bill that includes significant cannabis policy changes. Collins would be “unlikely to support such a move,” the Post reported, citing a staffer.
And the prospects of passage in the Republican-controlled Senate are even more dubious.
Still, Jeffries is optimistic that lawmakers of all stripes could get behind descheduling.
“There’s a growing number of conservatives, libertarians and Republicans who are in agreement with Democrats, who believe that we should at least take a hard look at descheduling marijuana,” he said.
Descheduling would be one way to address conflicting federal and state marijuana policies—something that attorney general nominee William Barr said was necessary as more states legalize cannabis during a confirmation hearing this week.
As it stands, marijuana is a Schedule I drug under the Controlled Substances Act, the most restrictive category. In the past, there have been efforts to reschedule cannabis in order to make it easier for researchers to access and study, but those efforts have so far stalled.
Photo courtesy of Carlos Gracia.
First Senate Marijuana Bill Of 2019 Would Force Study On Medical Cannabis For Veterans
The first Senate marijuana bill of the new Congress focuses on increasing research on the medical benefits of cannabis for military veterans.
The legislation, introduced by Sens. Jon Tester (D-MT) and Dan Sullivan (R-AK) on Thursday, would direct the U.S. Department of Veteran Affairs (VA) to conduct clinical trials on the effectiveness of medical marijuana in the treatment of conditions common among military veterans.
While the new bill has the same title as a proposal the bipartisan duo filed during the last Congress, its language—which is not yet online but was obtained by Marijuana Moment—much more forcefully directs VA to begin researching medical cannabis than the earlier legislation did.
Whereas last year’s version simply said that the department “may conduct and support research relating to the efficacy and safety of forms of cannabis,” nothing in current federal law actually prevents it from doing so.
This latest version stipulates that the VA, which has been reluctant to engage in marijuana studies, “shall” begin conducting clinical trials on cannabis.
“The VA needs to listen to the growing number of veterans who have already found success in medicinal cannabis in easing their pain and other symptoms,” Tester, the ranking member on the Senate Veterans’ Affairs Committee, said in a press release. “Our bill will make sure the VA takes proactive steps to explore medicinal cannabis as a safe and effective alternative to opioids for veterans suffering from injuries or illness received in the line of duty.”
The proposed double-blind randomized controlled clinical trials are meant to cover the potential therapeutic applications of marijuana for post-traumatic stress disorder and chronic pain.
In particular, the department would have to study areas such as medical marijuana’s effect on opioid, benzodiazepine and alcohol consumption, as well as inflammation, sleep quality, spasticity, agitation, quality of life, mood, anxiety, social functioning, suicidal ideation and frequency of nightmares or night terrors.
Marijuana reform advocates praised the new legislation’s more forceful language as compared to the prior bill.
“The more assertive language is great improvement to this commonsense research bill that could ultimately help veterans with debilitating conditions,” Michael Liszewski, principal of The Enact Group, a lobbying and consulting firm that focuses on cannabis issues, told Marijuana Moment.
“The Department of Veterans Affairs already has the ability to conduct this research and the previous language would have let the Department continue to drag its heels,” he said. “It’s sort of like the difference between a parent telling their child ‘maybe you should clean up your room’ versus ‘you will clean up your room, now.'”
Sullivan said that he’s heard from many veteran constituents who are interested in finding an alternative to prescription painkillers for their pain.
“Many of our nation’s veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy,” he said in a press release.
During the last Congress, the Senate version of the legislation garnered six cosponsors, while 55 representatives ultimately signed onto the House version. The bill became the first standalone piece of marijuana legislation to clear a congressional panel when the House Veterans’ Affairs Committee approved it in May.
Nonetheless, VA leadership remained reluctant about engaging in marijuana research.
“VA is committed to researching and developing effective ways to help Veterans cope with post-traumatic stress disorder and chronic pain conditions,” VA Secretary David Shulkin wrote in a letter to lawmakers last year. “However, federal law restricts VA’s ability to conduct research involving medical marijuana, or to refer veterans to such projects.”
That isn’t true.
Meanwhile, top officials in the Trump administration have talked about pressuring the VA to conduct studies on medical marijuana for veterans, emails revealed, but they expressed concerns about how the Justice Department would react.
Read the full text of the new Senate veterans medical cannabis bill below:
Senate Veterans Medical Mar… by on Scribd