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.
New Hampshire Lawmakers Approve Marijuana Legalization Bill
A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.
While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.
The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.
“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”
Watch New Hampshire lawmakers discuss the marijuana legalization bill below:
This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.
“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”
“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”
A floor vote by the full House of Representatives is expected on February 6.
Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.
Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.
In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.
New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.
Photo courtesy of Philip Steffan.
AOC Says Colorado Is Doing A ‘Great Job’ With Marijuana Legalization
Rep. Alexandria Ocasio-Cortez (D-NY) says Colorado is an example of a state that’s effectively taxing and regulating marijuana.
At a town hall event in Iowa on Saturday, the congresswoman, who serves as a surrogate for Sen. Bernie Sanders’s (I-VT) presidential campaign, was asked if revenue from legal sales of cannabis and other drugs would be used to fund the senator’s Medicare for All proposal.
While she said the economic benefits of legalization are secondary concerns, she acknowledged that “Colorado is doing a great job of taxing it to fund schools.”
That said, funding large programs such as universal health care would require a diverse financing strategy, Ocasio-Cortez said.
“In terms of financing, I think the financing for our health care program would potentially come from different sources,” she said. “Senator Sanders has outlined how he would pay for Medicare for All.”
“I would just say the financing is a different question,” she said. “But when it comes to decriminalization and legalization, I know that the senator believes in the legalization of marijuana and, frankly, having that part of a decarceral approach” to the criminal justice system.
Listen to the conversation below, starting around 1:45:
“We need to not only have a conversation about decriminalization and a conversation about legalization, but we need to have a conversation about the harm done during the war on drugs,” she said in comments that were first flagged by The Washington Post’s Dave Weigel.
First actual Q for AOC as a Sanders surrogate: Would she legalize drugs to pay for M4A?
"The funding is going to come from a lot of sources," she says, clarifying that Sanders supports legalizing only marijuana and is focused on ending war on drugs.
— Dave Weigel (@daveweigel) January 25, 2020
“It exacerbated the racial wealth gap in America as well,” she said. “But not only that, it tore apart communities, it tore apart families and it was an explicit targeting of black and brown communities that dates back to the Nixon administration.”
“On one hand it’s an economic issue, but much deeper, it’s a justice issue. This is an issue of justice, this is an issue of mass incarceration. The United States has historically incarcerated more people per capita than any other country in the world. We need to live up to our values about what ‘Land of the Free’ means and transitioning to that means dismantling the system of mass incarceration. That’s an incredibly important part of this agenda.”
While Sanders has been a long-standing champion of cannabis reform, his views on broader drug policy proposals diverge from those of his surrogate, who believes that possession of all currently illicit drugs should be decriminalized and federal laws around psychedelics should be loosened to promote research.
Despite being widely regarded as the most progressive candidates in the race, both Sanders and Sen. Elizabeth Warren (D-MA) have so far declined to back comprehensive decriminalization for simple drug possession, a policy changed favored by former South Bend, Indiana Mayor Pete Buttigieg.
Rep. Tulsi Gabbard (D-HI), another 2020 contender, recently said that she’s in favor of legalizing and regulating controlled substances.
Photo courtesy of C-SPAN.
USDA Approves Hemp Plans For Texas, Nebraska And Delaware
The U.S. Department of Agriculture (USDA) announced on Monday that it has approved hemp regulatory plans for three more states and four additional Indian tribes.
This is the latest in a series of approvals that USDA has doled out since the crop and its derivatives were federally legalized under the 2018 Farm Bill. Texas, Nebraska and Delaware—in addition to the Colorado River Indian Tribes, the Fort Belknap Indian Community, the Iowa Tribe of Kansas and Nebraska and the Yurok Tribe—each had their regulatory plans cleared.
“USDA continues to receive and review hemp production plans from states and Indian tribes on an ongoing basis,” the department said in a notice. “Plans previously approved include those for the states of Louisiana, New Jersey, and Ohio, and the Flandreau Santee Sioux, Santa Rosa Cahuilla, and La Jolla Band of Luiseno Indian Tribes.”
While hemp is no longer a federally controlled substance, farmers interested in cultivating and selling the crop must live in a jurisdiction where USDA has approved a proposed regulatory scheme. The process was outlined in an interim final rule USDA published late last year. If a state or tribe does not have, or plan to propose, regulations for hemp, cultivators can apply for a USDA license instead.
“This is a victory for Texas farmers,” Texas Agriculture Commissioner Sid Miller said in a statement. “We are one step closer to giving our ag producers access to this exciting new crop opportunity.”
“We’ve got to get our rules approved and get our licensing program up and running, but the dominoes are dropping pretty quick,” he said. “We’re almost there.”
Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment that “Texas has the potential to be the largest supplier of hemp in the U.S., providing farmers with an unprecedented opportunity.”
“With approval from the USDA and the Texas Department of Agriculture already moving forward with establishing licensing standards, it’s refreshing to see our government paving the way for legal cannabis cultivation in Texas,” Fazio said.
While lawmakers and industry stakeholders have widely celebrated USDA’s commitment to implementing hemp legalization, it has also received a significant amount of pushback over proposed rules such as THC limits and laboratory testing requirements. A public comment period for the department’s interim rule ends on Wednesday.
USDA maintains a website that tracks the status of state and tribal hemp plans.
Monday’s announcement sends another signal to the hemp industry that the federal government is committed to supporting the market and ensuring that farmers have the resources they need to see their businesses thrive since the crop was legalized.
That said, one of the most lucrative market opportunities that hemp farmers are hoping to take advantage of is the widespread interest in hemp-derived CBD products. The Food and Drug Administration (FDA) has jurisdiction over rules for marketing CBD, and the agency has made clear that the process may take several years without congressional action.
Earlier this month, a bipartisan coalition of lawmakers set out to do just that, filing a bill that would require FDA to allow CBD products to be sold as dietary supplements.
Photo courtesy of Brendan Cleak.