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FDA Would Be Required To Allow CBD Product Marketing Under New Bipartisan Bill

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A bipartisan coalition of lawmakers have introduced a new bill that would allow for hemp-derived CBD to be lawfully marketed as a dietary supplement.

While hemp and its derivatives were federally legalized under the 2018 Farm Bill, the Food and Drug Administration (FDA) is still in the process of developing regulations that would let businesses sell it in the food supply or as nutritional supplements. Former FDA Commissioner Scott Gottlieb said that rulemaking could take years without congressional action.

This legislation, filed on Monday, could be one way to resolve the problem, in that it amends the Federal Food, Drug and Cosmetic Act to include CBD in the definition of dietary supplements.

Rep. Collin Peterson (D-MN), chairman of the House Agriculture Committee, filed the bill. Initial cosponsors include Reps. Thomas Massie (R-KY), James Comer (R-KY) and Chellie Pingree (D-ME).

“The last two Farm Bills were landmark successes for hemp, but we are still very early in this process, and growers need regulatory certainty,” Peterson said in a press release. “This bill will allow FDA to regulate CBD that comes from hemp as a dietary supplement, providing a pathway forward for hemp-derived products.”

Massie told Marijuana Moment that he’s “excited to be an original cosponsor of this bill.”

“Bipartisan allies in Congress and in the grassroots have worked hard for many years to pave the way for hemp legalization,” the congressman said. “In its first year, Kentucky’s industrial hemp industry added hundreds of new jobs and $100 million to the state’s economy! I’m confident H.R. 5587 will be another step in the right direction for industrial hemp.”

As it stands, FDA has said it is using enforcement discretion when it comes to CBD products that are already widely available in markets across the U.S. Only businesses making especially outlandish claims about the therapeutic benefits of the cannabis products are being targeted for the time being, with the agency sending a series of warning letters to select companies.

Numerous lawmakers, including Senate Majority Leader Mitch McConnell (R-KY), have made clear to FDA that Congress intended to allow CBD products to be marketed when it passed the legalization provision, and they’ve urged the agency to expeditiously enact regulations allowing for that activity.

Eric Steenstra, president of the advocacy group Vote Hemp, said in an email blast to supporters that the organization “supports this important new bill which will help provide clarity to the marketplace and ensure that CBD supplements can be marketed and sold nationwide.”

“We urge Congress to pass this legislation quickly and FDA to regulate hemp derived CBD the same as any other supplement under existing regulations,” he said.

The bill, which has been referred to the Agriculture and Energy and Commerce Committees, also includes a provision that would require the U.S. Department of Agriculture (USDA) to study the “regulatory and market barriers for farmers engaged in hemp production.”

Specifically, the department would be required to research the costs of implementing a hemp testing program, the costs of destroying hemp with excess THC content, the “feasibility” of the testing timeline farmers must follow and “other known or potential challenges” related to participation in a domestic hemp market. The department would have to issue a report on its findings within one year of the bill’s enactment.

USDA also became responsible for creating new rules for hemp since the crop was legalized, and it issued an interim final rule outlining proposed regulations in October. Several lawmakers and industry stakeholders have weighed in and recommended certain changes to ensure that the hemp industry isn’t unduly restricted.

Read the full text of the CBD bill below: 

Congressional CBD Dietary S… by Marijuana Moment on Scribd

This story has been updated to include comment from Massie.

Watch Mitch McConnell Frolic In A Field Of Cannabis

Photo courtesy of Kimzy Nanney.

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.

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Elizabeth Warren Has A New Plan For Legalizing Marijuana

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Sen. Elizabeth Warren (D-MA) unveiled a plan for federal marijuana reform on Sunday, calling for legalization as well as a series of policies aimed at righting the wrongs of the drug war and promoting involvement in the legal industry by communities harmed by prohibition.

In the “Just and Equitable Cannabis Industry” plan, which Warren’s campaign shared with Marijuana Moment ahead of a town hall event in Colorado, the 2020 Democratic presidential candidate slams the “racist ‘War on Drugs’ policy” perpetuated during the Nixon administration and the mass incarceration that has followed.

She also introduces noteworthy ideas, such as using her executive authority to begin the federal legalization process within 100 days of taking office, respecting the sovereignty of other nations to legalize marijuana, protecting immigrants who participate in the legal industry, empowering veterans to access medical cannabis and ensuring that corporations aren’t able to monopolize the market.

Further, the Warren plan promotes unionization in the marijuana industry, protecting Indian tribes’ authority to enact their own reform programs and lifting a current ban so that Washington, D.C. can use its local monies to implement legal marijuana sales

“Even as the federal government has held fast to its outdated marijuana policy, states have led the charge in adopting thoughtful, evidenced-based marijuana policy,” the six-page document says. “And what have we learned in the eight years since the first states legalized marijuana? Legalization works.”

The senator details the progress of the legalization movement and the economic potential of the industry, and she argues that access to cannabis has been shown to play a role in mitigating the opioid epidemic. All that said, she notes that marijuana arrests have continued to increase nationally—and they continue to be carried out on racially disproportionate basis—and so comprehensive reform at the federal level is a goal she is pledging to pursue starting day one if elected president.

“It’s not justice when we lock up kids caught with an ounce of pot, while hedge fund managers make millions off of the legal sale of marijuana. My administration will put an end to that broken system.”

“Legalizing marijuana is about more than just allowing recreational use, or the potential medicinal benefit, or the money that can be made from this new market,” the Warren plan says. “It’s about undoing a century of racist policy that disproportionately targeted Black and Latinx communities. It’s about rebuilding the communities that have suffered the most harm. And it’s about ensuring that everyone has access to the opportunities that the new cannabis market provides.”

The plan for marijuana reform.

Warren’s proposal is two-pronged. The first objective is to “address the disproportionate enforcement of our drug laws.” Here’s how she plans to accomplish that:

1. Urge Congress to pass comprehensive marijuana legalization bill such as the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which cleared the House Judiciary Committee last year. “We need full legalization, as quickly as possible,” the plan states.

2. Should Congress not follow suit, Warren says she will use her executive powers to begin the process of descheduling marijuana within her first 100 days in office. The senator is promising to appoint heads of the Justice Department, Drug Enforcement Administration, Food and Drug Administration and Office of National Drug Control Policy who support legalization and says she will “direct those agencies to begin the process of delisting marijuana via the federal rule-making process.” Additionally, Warren is pledging to reinstate Obama-era guidance directing federal prosecutors to generally respect local cannabis laws.

3. Expunge prior cannabis convictions. Again the candidate cites the MORE Act as an ideal vehicle for that policy change, stating that it would also “prohibit the denial of federal benefits, such as housing, because of the use or possession of, or even a past conviction for, marijuana.”

4. Ensure that immigrants are not penalized over marijuana convictions or participation in a state-legal cannabis market. That’s “because any equitable and just cannabis economy must also include immigrant communities,” she says, slamming a Trump administration move declaring that those who use cannabis do not have the “good moral character” needed for citizenship.

5. Encourage the U.S. Department of Veterans Affairs (VA) to research the therapeutic potential of cannabis for service members and allow VA doctors to recommend medical marijuana to veterans. She is also pledging to end a current policy that blocks veterans from getting home loans “for no reason other than being employed in their state’s legal marijuana industry“—an issue she recently filed Senate legislation on.

6. Deschedule cannabis to promote “serious research into the potential benefits and drawbacks of medical marijuana [that’s been] largely blocked by outdated federal laws and policies”and allocate funds for such studies.

7. Lift the appropriations ban that prohibits Washington, D.C. from using its local tax dollars to implement a regulated cannabis market. While there’s been widespread interest in removing the congressional rider at issue, eliminating the policy hasn’t received much attention on the presidential stage until now. Warren says she will “encourage the District to develop a legal market that includes impacted communities and fulfills the racial justice goals of the original referendum” that voters approved in 2014.

8. Warren says she will “streamline and remove unnecessary administrative barriers that impede economic growth on Tribal lands, respect tribal jurisdiction over tribal businesses, and promote forward-looking efforts to ensure full access to new and emerging economic opportunities, including in the cannabis industry.

9. Respect the sovereignty of other nations that opt to legalize marijuana. The senator promises she will “support the legalization of marijuana in any nation that wishes to do so and fully support our neighbors exercising their sovereignty when it comes to their internal drug policy.” She further says that U.S. officials need to “recognize the role our War on Drugs has had in destabilizing Latin America – a root cause of migration to the United States.”

Warren’s second broad objective as described in the plan is to “prioritize opportunities in the cannabis industry for communities of color and others who were harmed by the failed policies of the past.” That will involve:

1. Working to support unions, including those representing cannabis workers, to enhance collective bargaining rights. “As president, I will safeguard the organizing rights of working people and make it easier for unions to secure contracts and assert their rights in the cannabis industry,” Warren says. Sen. Bernie Sanders (I-VT), another 2020 candidate, also raised this issue last month, imploring employees at a major marijuana business in Illinois to vote in favor of unionization.

2. Freeing up banks and financial institutions to service cannabis businesses. Additionally, Warren says she will direct her administration “to investigate discrimination in cannabis-related capital lending that prevents many aspiring entrepreneurs of color from securing needed loans.”

3. Promoting participation in the legal industry by minorities and women—something that Warren says the MORE Act would accomplish. She also says she would “mitigate the high permitting and licensing fees that prevent many aspiring entrepreneurs of color from starting a cannabis business.”

4. Preventing large corporations from overtaking the marijuana industry and working to “protect consumers by closely regulating the safety and marketing of marijuana products.” Like Sanders, Warren points specifically at tobacco companies as examples of businesses that shouldn’t be able to enter the market. “We’ll make sure Big Tobacco can’t muscle in on the fledgling marijuana industry,” she says, adding that her administration will “use anti-trust laws and federal oversight to prevent consolidation in the cannabis industry that drives up prices, restricts new businesses from entering the markets, and lowers quality.”

5. Allowing individuals with prior drug convictions to participate in the marijuana and hemp industries. “I will remove collateral sanctions associated with federal convictions for activity that is no longer criminalized and encourage states to do the same,” the senator says.

“For four decades, we’ve subscribed to a ‘War on Drugs’ theory of crime, which has criminalized addiction, ripped apart families—and failed to curb drug use,” the plan states. “Legalizing marijuana and erasing past convictions won’t fully end the War on Drugs or address its painful legacy, but it’s a needed step in the right direction.”

“As we move to harness the economic potential of a legalized cannabis industry, we must ensure that the communities that were harmed by the War on Drugs—disproportionately communities of color—are fully included in the opportunity and prosperity that legalization will create. I support investing federal and state revenue from the cannabis industry into communities that have been disproportionately impacted by enforcement of our existing marijuana laws.

“Legalizing marijuana gives us an opportunity to repair some of the damage caused by our current criminal justice system, to invest in the communities that have suffered the most harm, and to ensure that everyone can participate in the growing cannabis industry. We have an opportunity now to get this right, and I’ll fight to make that happen.”

Warren also calls out former House Speaker John Boehner (R-OH) in her proposal, stating that the country “cannot allow affluent and predominantly white hedge-funders and capital investors to hoard the profits from the same behavior that led to the incarceration of generations of Black and Latino youth.”

“Boehner, who declared that he was ‘unalterably opposed’ to legalization while in Congress, now profits handsomely as a lobbyist for legalization even as others continue to live with the consequences of a prohibition he defended,” she points out, referencing the former speaker’s role as a board member at the cannabis firm Acreage Holdings.

While Warren’s plan repeatedly cites the need to broadly address the harms of the broader drug war, her proposals are exclusively focused on cannabis policy changes. While she and Sanders have been strong champions of marijuana reform, drug policy advocates have emphasized the need to expand reform to other illicit substances, as former South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI) have by proposing decriminalization and legalization of all illegal drugs, respectively.

In terms of her marijuana reform agenda, however, experts who spoke to Marijuana Moment recently have indicated that Warren’s 100-day plan would probably be legally and practically more realistic that Sanders’s most recent proposal to use an executive order to legalize marijuana in all 50 states on day one of his presidency.

While Sanders initially proposed something similar to Warren—appointing key officials within his administration who would pursue legalization during his first 100 days in office—he shifted gears last month and pledged to deschedule cannabis on his first day in the White House.

Last year, Warren laid out a criminal justice reform plan that called for marijuana reform, as well as the legalization of safe injection sites where individuals could use illicit substances under medical supervision—a move also backed by Sanders.

Warren and Sanders might have differing approaches to marijuana legalization, but what’s clear is they stand in stark contrast to former New York City Mayor Mike Bloomberg and former Vice President Joe Biden, both of whom are the only contenders in the Democratic race who remain opposed to ending cannabis prohibition.

Read Warren’s full marijuana plan below:

A Just and Equitable Cannabis Industry by Marijuana Moment on Scribd

House Candidate Gives Marijuana To Voters At ‘First-Ever Congressional Weed Party’

Photo element courtesy of Gage Skidmore.

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After New Mexico Lawmakers Fail To Pass Marijuana Legalization, Governor Says Voters Could Decide

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Marijuana legalization failed to happen legislatively in New Mexico this year, but now Gov. Michelle Lujan Grisham (D) says she’s open to letting voters decide on the policy change.

A bill to legalize cannabis in the state advanced through one Senate committee last month, but it was rejected by another with just days left in the legislative session, which ended on Thursday. When lawmakers reconvene in 2021, the governor said it’s possible the legislature will pursue the reform move through a constitutional amendment that would be referred to voters at the ballot box.

Lawmakers would still have to vote in favor of advancing such a proposal to get it on the ballot, but it may be more palatable to some to let voters make the ultimate decision on whether to legalize marijuana in the state.

“We could,” Grisham said on Thursday in response to a question about whether the state could pursue a constitutional amendment to legalize. “I mean, I’m open to any number of pathways.”

She added that brining advocates and experts to the table while crafting a “regulatory design” for a cannabis market is an “incredibly transparent” process, but it also means “you get a lot of questions about how it works.”

“Overwhelmingly in every county, New Mexicans believe that that’s a productive economic path forward,” the governor said. “My job is to keep with them, making the case and trying to the best of our ability to answer any question, deal with any conflicts and to make sure that when we do anything, our expectation is that New Mexico does it the best and that we set aside and move aside by addressing them, any unintended consequences or potential risks.”

Listen to the governor’s remarks on a potential marijuana legalization constitutional amendment below: 

“I’ll probably do a little of both, and I have no doubt that the legislators will do that as well,” she said.

A constitutional amendment to legalize marijuana was approved by a Senate committee in 2015, but it did not advance further. It was reintroduced the next year, but it didn’t get a committee vote.

Grisham, who was elected in 2018, has made clear that cannabis reform is a legislative priority, including legalization in her 2020 agenda. She also discussed the need to establish a well-regulated and equitable marijuana market during her State of the State address last month.

The House of Representatives passed a bill in 2019 to legalize marijuana and let state-run stores control most sales. The proposal later advanced through one Senate committee but did not receive a floor vote. Lujan Grisham did sign a more limited bill to simply decriminalize marijuana possession that lawmakers approved during that session, however.

After legalization failed to advance last year, the governor established a working group to study the issue and make recommendations.

Following a series of hearings, the panel released a report in October that said any legalization bill should include automatic expungements of past records and provisions to ensure equity in the industry for communities most impacted by the war on drugs. It also said that home cultivation of marijuana by consumers should either be prohibited or licensed by the state.

In December, the governor’s working group released a poll showing overwhelming public support for cannabis legalization.

Kentucky House Approves Medical Marijuana Legalization Bill

Photo courtesy of Mike Latimer.

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House Candidate Gives Marijuana To Voters At ‘First-Ever Congressional Weed Party’

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“Get your blunt!” Illinois Democratic congressional candidate Anthony Clark tells a voter in a newly released campaign video. “We’re having a pretty dope day party.”

Ahead of the state’s March 21 primary election, Clark, an Air Force veteran and special education teacher in Chicago, has made marijuana a key campaign priority. On Thursday, he released a video shot at what he’s calling the “first ever congressional weed party in Chicago.”

“We just wanted to do something different,” Clark explains in the video. “I feel like we’re all out here in the struggle, we’re all out here living, we’re all out here grinding on a daily fucking basis.”

Clark has said that he first experimented with marijuana in high school but rediscovered it as an adult after being injured in a Seattle shooting. “Weed has literally saved my life. I’m a veteran with PTSD,” Clark says in the video. “It’s time we changed this narrative that exists, eliminate the stigma.”

Adult-use cannabis sales have been legal in Illinois since January 1.

“We’re gonna celebrate that, but there’s still a ways to go,” Clark tells party attendees, a blunt in one hand and a shot glass in the other. In Illinois, he adds, public funds are still be spent on “jailing street dealers…who are predominantly black and brown in the poor communities.”

Clark’s candor around his own cannabis use appears to have helped his campaign against incumbent Rep. Danny Davis (D), who’s held the seat for the predominantly black district since 1997. Earlier this month, the Chicago Sun-Times endorsed Clark over Davis, saying the district “deserves a representative who is impatient to change the world, which might be Clark’s best trait.”

In a separate campaign video released in November, Clark smoked marijuana on camera and said he’s transparent about his cannabis consumption because “if we really want to make change and we have a platform, you just have to be courageous with your platform.”

“I think I have to be just as open about my cannabis use because lying to individuals, I think, plays a direct role in enabling status quo, in enabling the oppressors, the top one percent, to remain,” he added.

Some supporters say it was Clark’s bold stance on cannabis that first got them involved in the campaign. “I first heard about Anthony Clark on Facebook,” one supporter, identified as Miriam, says in the new video, “and I seen him and a group of three people smoking a blunt.”

“It’s ending the stigma,” she says. “It’s ending the harsh stigma.”

Clark ran for the same congressional seat two years ago. He earned 26% of the primary vote but lost to incumbent Davis, who has generally supported cannabis amendments in Congress but hasn’t made the issue a key focus for his office. This year observers expect the challenger to do even better on primary day.

Much has changed in the state since 2018, after all, especially around cannabis. Last year Illinois became the first U.S. state to legalize adult-use sales through its legislature, and state officials so far have been broadly supportive. A day before marijuana became legal, Gov. J.B. Pritzker (D), who made legalization a part of his own election campaign, pardoned more than 11,000 people with low-level cannabis convictions. When stores opened, Lt. Gov. Juliana Stratton (D) was one of the first in line to buy edibles.

At his State of the State address last month, the governor said legalization “gives us a chance to collect tax revenue from the residents of Wisconsin, Missouri, Iowa and Indiana” and provides “a second chance to hundreds of thousands of people who had a low level cannabis conviction or arrest on their record.”

Licensed marijuana stores in Illinois sold $40 million worth of recreational marijuana products during the first month of legal sales. State officials say $8.6 million of that came from out-of-state cannabis tourists.

Congressional Candidate Smokes Marijuana And Talks Legalization In Campaign Video

Photo courtesy of Facebook/Anthony Clark

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