Connect with us

Politics

Democratic Senator Pulled Out As Marijuana Bill Cosponsor, Sources Say

Published

on

Sen. Dianne Feinstein (D-CA) was expected to be an original cosponsor of newly filed bipartisan legislation to shield legal marijuana states from federal intervention. But when it was unveiled on Thursday, the senator’s name was nowhere to be found—even though she signed on to a nearly identical bill last year.

Two lobbyists who work on cannabis issues on Capitol Hill told Marijuana Moment that Feinstein’s staff added her name to the bill, but that in the days leading up to its introduction the senator removed herself at the last minute—for reasons that aren’t entirely clear.

The lobbyists did not wish to be named in this story so that they could talk freely about the development, and Feinstein’s office did not respond to several requests for comment on the reasoning behind her decision or whether the senator plans to cosponsor the legislation at a later date.

When Feinstein was announced as a cosponsor of a previous version of the legislation last year, it was a big deal. She has a track record of opposing drug policy reform—including California’s 2016 cannabis legalization measure as well as congressional measures to shield state cannabis laws from federal interference—but she’d suddenly reversed that position. And as the ranking member on the Senate Judiciary Committee, her newfound support could have been critical in advancing the legislation.

Advocates are both disappointed and suspicious, questioning whether politics, rather than an earnest conviction about the need to change the country’s drug laws, motivated her past cosponsorship of the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act.

At the time that her cosponsorship of the earlier bill was announced, the senator was facing a reelection challenge from a progressive contender, California State Sen. Kevin de Leon (D).

“By refusing to get on this year’s version of the STATES Act, it shows how obvious Senator Feinstein’s flirtation with putting an end to federal marijuana was just an effort protect her seat,” Michael Liszewski, principal of The Enact Group, a lobbying and consulting firm that focuses on cannabis issues, argued. “It’s remarkable that Feinstein will back marijuana reform to save her job but then refuse to do when it comes to protecting her constituents from federal prosecution.”

Justin Strekal, political director of NORML, put it this way: “It’s remarkable when you expect nothing and are still disappointed.”

Feinstein’s reversal on the STATES Act stands in contrast to that of Rep. Doug Collins (R-GA), who sent a letter to the chair of the House Judiciary Committee endorsing the legislation this week. Collins has also opposed various marijuana reform measures during his tenure in Congress but is now calling on the House Democratic majority to advance the new cannabis bill.

Aside from Feinstein, all of the other cosponsors of the last version of the STATES Act who are still in the Senate remained on board for the new version—with the exception of Sen. Cory Booker (D-NJ), who is sponsoring separate, more far-reaching legislation called the Marijuana Justice Act, which contains provisions addressing the harms of past cannabis enforcement. (Feinstein has not signed onto Booker’s bill or any other cannabis legislation filed in the 116th Congress.)

Two additional senators—Sens. Ron Wyden (D-OR) and Kevin Cramer (R-ND)—joined as new original cosponsors of this year’s STATES Act.

“It’s disappointing to see Senator Feinstein flip flop on this issue,” Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment. “We thought she had turned the corner, but it appears not to be the case.”

Marijuana Moment reached out to the offices of Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA), chief sponsors of the Senate’s STATES Act, for details about Feinstein declining to be a cosponsor this time around. Representatives were not immediately available to comment.

While the senator hasn’t said she opposes the STATES Act and could still add her name to the list of cosponsors at a later time, being an original cosponsor would have signaled that Feinstein was making cannabis reform a priority for the 116th Congress. And her position as the ranking member on a committee that will play a central role in the legislation’s fate would have made that all the more important.

“While it’s disappointing that Sen. Feinstein is not an original cosponsor of the STATES Act in the 116th Congress, it is our understanding that is not a signal that she opposes the legislation. Just that it’s not a priority,” Neal Levine, CEO of the Cannabis Trade Federation, said. “We are excited about the additions of Sen. Wyden and Sen. Cramer, and expect Sen. Feinstein to ultimately protect the burgeoning legal cannabis industry in California by voting in favor of the STATES Act.”

Even if Feinstein does ultimately lend her support, getting the bill passed in the Senate will be a challenge. The chair of the Judiciary Committee, Sen. Lindsey Graham (R-SC) said this week that he’s “not very excited about” about the legislation.

“It’s time Senator Feinstein accepts the inevitability of cannabis legalization and cosponsors the STATES Act,” Michael Correia, director of government relations for the National Cannabis Industry Association, told Marijuana Moment. “This balanced approach and common sense solution helps address the federal/state conflict on cannabis laws, while providing protection for a multi-billion dollar industry.”

“She was elected to defend her state,” Correia said. “This bill does that.”

Top GOP Congressman Presses Democratic Majority To Pass Marijuana Bill

Photo courtesy of Neon Tommy.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Culture

Lots Of Politicians And Companies Are Tweeting About Marijuana On 4/20

Published

on

It’s 4/20 again, and that means another slew of tweets from politicians and mainstream brands looking to use the marijuana holiday as a hook to get their message out.

Here’s a roundup of some of the best, funniest, most important or otherwise notable cannabis-related tweets of the day…

Sen. Cory Booker (D-NJ), a presidential candidate:

Sen. Bernie Sanders (I-VT), a presidential candidate:

Sen. Kamala Harris (D-CA), a presidential candidate:

Sen. Kirsten Gillibrand (D-NY), a presidential candidate:

Rep. Tulsi Gabbard (D-HI), a presidential candidate:

Rep. Eric Swalwell (D-CA), a presidential candidate:

Former Rep. Beto O’Rourke (D-TX), a presidential candidate:

Former Sen. Mike Gravel (D-AK), a presidential candidate:

Washington State Gov. Jay Inslee (D), a presidential candidate:

Former San Antonio, Texas Mayor Julián Castro (D), a presidential candidate:

Democratic presidential candidate Andrew Yang:

Senate Minority Leader Chuck Schumer (D-NY):

House Committee on Small Business:

Congressional Black Caucus:

Sen. Jacky Rosen (D-NV):

Rep. Earl Blumenauer (D-OR):

Rep. Ilhan Omar (D-MN):

Rep. Barbara Lee (D-CA):

Rep. Ro Khanna (D-CA):

Rep. Charlie Crist (D-FL):

Rep. Steve Cohen (D-TN):

Rep. Deb Haaland (D-NM):

Pennsylvania Lt. Gov. John Fetterman (D):

Los Angeles, California City Council President Herb Wesson (D):

Cook County, Illinois State’s Attorney Kim Foxx (D):

The American Civil Liberties Union:

Ben & Jerry’s:

Denny’s:

Hidden Valley Ranch:

Carl’s Jr.:

Boston Market:

George Washington’s Mount Vernon:

Bill Maher:

Miley Cyrus:

311:

The Onion:

Ben & Jerry’s Stands Out From Companies Just Trying To Make Money From 4/20

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading

Politics

State-Legal Marijuana Use Makes Immigrants Morally Unfit for Citizenship, Trump Administration Warns

Published

on

A federal immigration agency clarified on Friday that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—is an immoral offense that makes immigrants ineligible for citizenship.

When applying for naturalization, the process of gaining citizenship, individuals must have established “good moral character” in the five years preceding the application. Good moral character is a vague requirement that has been criticized by scholars and civil rights advocates, as assessing morality is arguably subjective.

According to the U.S. Citizenship and Immigration Services (USCIS), state-legal marijuana consumption renders individuals morally unfit for citizenship. The new policy clarification reflects a sentiment once expressed by former Attorney General Jeff Sessions, who said that “good people don’t smoke marijuana.”

The USCIS memo says that “violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing [good moral character] for naturalization even where the conduct would not be a violation of state law.”

Further, an applicant “who is involved in certain marijuana related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws,” the document says. The policy also applies to individuals who worked in the state-legal cannabis industry.

There have already been reports of people being denied citizenship due to their proximity to state-legal marijuana businesses. Earlier this month, Denver Mayor Michael Hancock hosted a group of immigrants who said their work in the state’s cannabis industry was being used as justification by federal officials to deny them citizenship.

“In Colorado, cannabis has been legal for 5 years. For work in a legal industry to be used against an individual trying to gain citizenship is a prime example of why we need to harmonize our state and federal laws to ensure that states like Colorado that have moved to legalize cannabis can act in our own authority to expand and regulate our cannabis industry,” Rep. Joe Neguse (D-CO), told Marijuana Moment in reaction to the Trump administration memo.

Legalization activists also criticized the move.

“The cruel treatment of immigrants for offenses related to something as minor as marijuana is illustrative of the way this administration has used the war on drugs to pursue communities of color,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment. “It also shows that pursuing a state by state approach to federal policy doesn’t work for these communities. Federal descheduling is essential.”

While the federal policy deeming marijuana use a violation of “good moral character” standards for immigration purposes was already on the books, it seems the spread of state-level cannabis legalization has prompted the agency, which is part of the Department of Homeland Security, to issue the clarification.

“A number of states and the District of Columbia (D.C.) have enacted laws permitting ‘medical’ or ‘recreational’ use of marijuana. Marijuana, however, remains classified as a ‘Schedule I’ controlled substance under the federal CSA,” the updated USCIS policy manual now reads. “Schedule I substances have no accepted medical use pursuant to the CSA. Classification of marijuana as a Schedule I controlled substance under federal law means that certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.”

“Such an offense under federal law may include, but is not limited to, possession, manufacture or production, or distribution or dispensing of marijuana. For example, possession of marijuana for recreational or medical purposes or employment in the marijuana industry may constitute conduct that violates federal controlled substance laws. Depending on the specific facts of the case, these activities, whether established by a conviction or an admission by the applicant, may preclude a finding of GMC for the applicant during the statutory period. An admission must meet the long held requirements for a valid ‘admission’ of an offense. Note that even if an applicant does not have a conviction or make a valid admission to a marijuana-related offense, he or she may be unable to meet the burden of proof to show that he or she has not committed such an offense.”

The underlying policy does provide an exception for “a single offense of simple possession of 30 grams or less of marijuana.”

An additional update to the policy manual stipulates that the exception “is also applicable to paraphernalia offenses involving controlled substances as long as the paraphernalia offense is ‘related to’ simple possession of 30 grams or less of marijuana.”

That detail wasn’t included in an earlier 2014 version of the USCIS policy manual.

The policy alert is similar to an update the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued in 2017 when the federal gun purchase application form was revised to include a warning that the “use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside” and therefore disqualifies applicants.

But the USCIS clarification also reflects a recent ratcheting up of anti-immigration policy moves under the Trump administration.

Jason Ortiz, vice president of the Minority Cannabis Business Association, told Marijuana Moment that the new memo reflects a “callous and irrational decision” by the administration and “is a reminder that without comprehensive cannabis reform our communities of color will continue to be prosecuted and subject to deportation for activity that is legal for affluent communities around the country.”

“Proposals such as the STATES act which seek to simply ease the risk on business do not address these deeper issues related to federal prohibition,” he said. “Considering the devastating effects our war on drugs had on Latin America, immigration reform must be a necessary component of any comprehensive cannabis legalization policy.”

People Could Use Marijuana In Public Housing Under New Congressional Bill

This story has been updated to include comment from Neguse.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading

Politics

USDA Clarifies That Farmers Can Import Hemp Seeds From Other Countries

Published

on

The U.S. Department of Agriculture (USDA) clarified on Friday that hemp seeds can be imported into the U.S., and that the Justice Department no longer has a role in that process.

While USDA is still developing regulations for hemp cultivation under the 2018 Farm Bill, which federally legalized the crop and its derivatives, farmers can still obtain seeds in the meantime.

The agriculture legislation “removed hemp and hemp seeds from DEA authority for products containing THC levels not greater than 0.3 percent” and “DEA no longer has authority to require hemp seed permits for import purposes.”

“U.S. producers and hemp seed exporters have requested assistance from USDA to provide an avenue for hemp seed exports to the United States,” the department wrote in a bulletin. “The U.S. Department of Agriculture regulates the importation of all seeds for planting to ensure safe agricultural trade. Under this authority, USDA is providing an alternative way for the safe importation of hemp seeds into the United States.”

Sen. Jon Tester (D-MT) is among those who’ve requested assistance related to hemp importations. Earlier this month, he told Agriculture Secretary Sonny Perdue that the DEA was blocking Montana farmers from importing hemp seeds.

Perdue said during the hearing that the matter was “news to me” and explained that farmers can import and cultivate hemp under the research-focused provisions in the prior 2014 version of the legislation while the USDA worked to enact new regulations.

In a letter sent to the acting administrator of Customs and Border Protect (CBP) on Tuesday, Tester and Sen. Patrick Leahy (D-VT) raised the concern again, imploring CBP to update its policy to reflect that hemp seeds can be lawfully imported. The letter was obtained by the industry advocacy group Vote Hemp.

The USDA bulletin specified how the process works for imports from Canada and other countries.

Importation of Hemp Seed from Canada

“Hemp seeds can be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada.”

Importation of Hemp Seed from Countries other than Canada

“Hemp seeds may be imported into the United States from countries other than Canada if accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.

Hemp seed shipments may be inspected upon arrival at the first port of entry by Customs and Border Protection (CBP) to ensure USDA regulations are met, including certification and freedom from plant pests.”

The rulemaking process for hemp may take some time, as Perdue said the department would not expedite the regulations and will be “taking this slow.” Once the USDA has a regulatory framework in place, it will begin approving state plans, and those states will be the primary regulators.

For the time being, however, there’s nothing stopping farmers from collecting certified hemp seeds. Not even the DEA.

Trump Agriculture Secretary Accepts Invitation To Tour Hemp Farms

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading
Advertisement

Stay Up To The Moment

Marijuana News In Your Inbox


Support Marijuana Moment

Marijuana News In Your Inbox