In the last few days, more tan 1,000 people have submitted comments to the Food and Drug Administration (FDA) supporting the rescheduling of marijuana.
The FDA opened the public comment period on Friday to gather input ahead of a United Nations meeting on global drug policy, where the U.S. representative will have the opportunity to cast a vote on World Health Organization (WHO) recommendations to reschedule cannabis, THC and CBD under international drug treaties.
So far, the federal agency has been flooded with comments that overwhelmingly endorse a cannabis reclassification. Support for the policy change has been nearly unanimous, but the reasoning behind those sentiments varied.
Dozens of submissions came from patients, many of whom complained about pharmaceuticals they’d been prescribed and felt cannabis was a more effective treatment option. One person who said he or she is a registered nurse sided with those patients and wrote “in my professional opinion, it is both harmful and unethical to prohibit patients access to this medicinal plant.”
Others pointed out that marijuana is not as harmful as other legal substances like alcohol and tobacco. Several people argued that prohibition is an infringement on civil liberties.
Military veterans were also strongly represented in the comments, with some saying cannabis has helped treat conditions such as post-traumatic stress disorder and chronic pain.
“I am a 59 y/o military veteran. I know first hand how effective a pain reliever cannabis can be,” one person wrote. “It is my strong opinion cannabis should be legal and regulated.”
Some brought a political angle to their comment. A self-described straight ticket Republican voter said he voted for Donald Trump in the last election, but that he will “endorse the next candidate who supports marijuana legalization.” Another person suggested that the president should legalize cannabis to troll liberals, delivering on an issue that is increasingly popular on a bipartisan basis.
“It’s draconian that you’re allowing states to arrest and charge people with felonies for a product that’s readily available in stores in other states,” someone wrote. “It also makes the federal government look completely inept because states have fully legalized starting in 2012. It’s been nearly a decade and there’s yet to be any sort of federal action.”
One of the only comments expressing opposition to loosening marijuana laws under international treaties relied on stoner stereotypes: “Cannabis makes you Dumb, Lazy, & Hungry !”
Taken as a whole, though, it’s clear that the public wants the U.S. to back marijuana reform when the issue comes up for a vote, which could happen later this month but might be delayed until a later UN meeting.
If adopted, the WHO recommendations wouldn’t change U.S. law—which classifies marijuana under the most restrictive category of Schedule I—or allow UN member states to legalize the sale of cannabis without violating international treaties. But approving WHO’s recommended changes would likely embolden more countries follow in the footsteps of Canada and Uruguay, which have legalized marijuana regardless of UN policy.
Photo courtesy of Brian Shamblen.
Alexandria Ocasio-Cortez Presses Housing Secretary About Marijuana Eviction Policies
Rep. Alexandria Ocasio-Cortez (D-NY) pressed the head of the Department of Housing and Urban Development (HUD) about policies that cause public housing residents and their families to be evicted for committing low-level offenses such as marijuana possession on Tuesday.
During a hearing before the House Financial Services Committee, the congresswoman first quoted HUD Secretary Ben Carson from a 2017 speech where he acknowledged that the war on drugs has disproportionately impacted minority communities.
“Do you acknowledge that the war on drugs disproportionately impacted black communities and communities of color despite marijuana and other drug use levels being comparable to white communities?” she asked the secretary for the record.
“Traditionally that has been the case,” Carson replied.
@SecretaryCasron: "I'm always in favor of more flexibility." pic.twitter.com/7ze07GqZc9
— CSPAN (@cspan) May 21, 2019
Ocasio-Cortez went on to say that she was concerned that “the negative impact of the war on drugs has not been limited to incarceration” and that “we had legislative rippling effect that also seems to have been codified in our housing system”
She pointed to two specific HUD policies: the “one strike” rule, which allows property managers to evict people living in federally assisted housing if they engage in illicit drug use or other crimes, and the “no fault” rule, which stipulates that public housing residents can be evicted due to illicit drug use by other members of their household or guests—even if the resident was unaware of the activity.
Carson said that property owners in individual jurisdictions have discretion when it comes to enforcing the policy, but he conceded that these rules are in effect under federal law.
“So a person could be stop and frisked and be found in possession of a small amount of marijuana and then be evicted or have their entire family evicted from public housing?” Ocasio-Cortez asked.
“That is a possibility,” Carson said.
Who says progressives can’t get stuff done?
Thank you @SecretaryCarson for your testimony in front of the Financial Services Committee today.
We have many crises in housing, & I look forward to reversing the unjust legacy laws from the War on Drugs in our public housing system. https://t.co/ZK8aFsyIxo
— Alexandria Ocasio-Cortez (@AOC) May 21, 2019
The congresswoman then asked if Carson was aware of the “no fault” rule, to which he replied that the “use of such activity is extremely limited, if ever used.” Ocasio-Cortez responded by stating that the policies “are still codified in federal law” and asked whether the official supports “reversing some of these provisions” such as the “no fault” rule.
Carson said he was willing to talk about individual cases, and the congresswoman followed up by noting that there’s a lack of holistic review for these cases. Given Carson’s interest in hearing details about individual cases, she wondered if he’d “support being able to move some of these policies to a more holistic review.”
“Should that case-by-case consideration be codified in federal law instead of having blanket, one-strike or no fault policies?” she asked.
“I’m always in favor of more flexibility,” he said, signaling that he’d be open to reforming some of the anti-drug policies in effect federally at HUD.
Should Carson decline to take action, legislation introduced by Rep. Eleanor Holmes Norton (D-DC) in April would protect public housing residents who use marijuana in compliance with state law from being evicted.
Ocasio-Cortez herself has filed a bill that would prevent public housing applicants from being denied due to a low-level drug conviction that resulted in a sentence of under ten years and prohibit drug testing of applicants “as a condition of such housing assistance,” among other reforms.
Photo courtesy of C-SPAN.
Presidential Candidates Are Cosponsoring A New Marijuana Descheduling Bill
Four 2020 Democratic presidential candidates have signed onto new legislation to federally deschedule marijuana—while a handful of other White House hopefuls are notably missing as original cosponsors.
The companion bills introduced on Monday by Senate Minority Leader Chuck Schumer (D-NY) and Rep. Hakeem Jeffries (D-NY) would remove cannabis from the Controlled Substances Act and use some tax revenue from marijuana sales to provide grants to socioeconomically disadvantaged individuals to participate in the legal industry.
It would also set aside money to support efforts to expunge past marijuana convictions.
Sens. Bernie Sanders (I-VT), Elizabeth Warren (D-MA) and Kirsten Gillibrand (D-NY) and Rep. Tulsi Gabbard (D-HI)—who are each seeking the Democratic presidential nomination—are cosponsoring the bills.
But Sens. Cory Booker (D-NJ), Amy Klobuchar (D-MN), Kamala Harris (D-CA) and Michael Bennet (D-CO) and Reps. Eric Swalwell (D-CA), Seth Moulton (D-MA) and Tim Ryan (D-OH) have so far declined to give the legislation their signature, despite their overall support for marijuana reform.
Bennet was an original cosponsor of a similar bill that Schumer filed during the 115th Congress.
The reasons he and other candidates decided against joining as original cosponsors of the new legislation are unclear, though some of them may end up adding their names at a later date.
For Booker, it’s possible that the senator doesn’t feel that the bill goes far enough in terms of promoting social equity—which is why he hasn’t supported separate cannabis reform legislation introduced this Congress.
Outside of the presidential candidates, Sens. Martin Heinrich (D-NM) and Tom Carper (D-DE) also cosponsored last year’s version but are not yet on the new proposal.
Meanwhile, lawmakers are moving ahead with plans to pass more modest cannabis reform legislation, including a bipartisan bill to give marijuana businesses access to banks that cleared the House Financial Services Committee in March.
Photo courtesy of Evan Johnson.
Two Federal Agencies Schedule Meetings To Discuss Marijuana-Related Issues
Two federal agencies recently announced that they will be holding meetings this summer to discuss public health and safety issues related to marijuana.
The Centers for Disease Control and Prevention (CDC) said in a notice published in the Federal Register last week that its Board of Scientific Counselors will convene on July 16 and 17 to tackle a wide variety of topics, including how to prevent the spread of infectious diseases and how to balance intramural and extramural research initiatives.
On the second day of the meeting, which will be open to the public, the panel of experts will also discuss the role of the CDC’s National Center for Injury Prevention and Control in “addressing public health concerns related to marijuana.”
Separately, on June 11 and 12, members of the Substance Abuse and Mental Health Services Administration’s Drug Testing Advisory Board will meet for a conversation about federal workplace drug testing policies. Part of that meeting will involve a discussion of “emerging issues surrounding marijuana legalization.”
While the Federal Register filing does not spell out which “emerging issues” will be specifically addressed during the first day’s public session, it also notes that the board will discuss the “impact of cannabis laws on drug testing and future direction” in a closed session on the second day of the meeting.
The federal discussion comes as marijuana reform advocates have stepped up efforts to end the employer practice of penalizing workers who test positive for THC metabolites.
In New York City, for example, a City Council measure prohibiting pre-employment drug testing for cannabis in specific industries and another barring such tests for people on probation were both enacted this month without the mayor’s signature.
While federal marijuana laws continue to strictly prohibit cannabis, the growing legalization movement has forced various agencies to address the issue. Officials from some federal divisions have observed in recent months that the scheduling status of marijuana under federal law has inhibited research into its public health benefits and risks.
In December, representatives from the Food and Drug Administration, Drug Enforcement Administration and National Institute on Drug Abuse were part of a workshop focusing on cannabis research.
U.S. government agencies have also used Federal Register notices to solicit the public’s help in identifying studies about the effects of cannabis on disorders such as Alzheimer’s disease.
Photo courtesy of Mike Latimer.