A federal agency has determined that people with convictions for simple drug possession should not be barred from working at credit unions, as long as they meet certain criteria.
The National Credit Union Administration (NCUA) Board initially announced proposed changes to its employment guidance in July, where the recommendation to carve out exceptions for low-level drug offenses first appeared. In a final interpretive ruling published in the Federal Register on Monday, which also examined comments submitted by the public, NCUA said the changes will be formally enacted.
“While not discounting the public health implications of illegal drug use and possession, the Board continues to believe covered persons with single convictions or program entries for simple drug possession pose minimal risk to insured credit unions,” the notice states, adding that drug prosecutions are carried out in a racially disproportionate manner and that people who are convicted experience several collateral consequences.
“There are already a host of significant extrajudicial consequences for individuals with nonviolent drug possession convictions, including not only employment bans but the loss of federal financial aid, eviction from public housing, disqualification from occupational licenses, loss of voting rights, and denial of public assistance,” NCUA wrote. “Moreover, research shows that drug convictions disproportionately burden people of color.”
“In addition, the Board recognizes that some uncertainty and confusion exists with respect to marijuana-related offenses, with marijuana now legal in many states but still illegal at the federal level,” the document continues.
Accordingly, NCUA said that under certain circumstances, drug offenses are considered de minimus, meaning the people with a conviction wouldn’t be required to submit a special application to the Board in order to work at credit unions.
In order to qualify as de minimus, the person couldn’t have any other convictions that warrant a ban, the simple possession conviction must be a misdemeanor that did not involve trafficking or manufacturing of a controlled substance and at least five years must have passed since the conviction.
Most people who commented on the proposed change “supported the exception and agreed that individuals with convictions or program entries for single convictions for simple drug possession pose minimal risk to insured credit unions,” NCUA said, adding that many commenters agreed that uncertainty surrounding conflicting state and federal cannabis laws means “the exception is appropriate.”
“A number of commenters also shared the Board’s observation that drug convictions disproportionately burden people of color and impose significant extrajudicial consequences on convicted individuals,” NCUA wrote.
The agency also highlighted one comment that urged NCUA to broaden the exception to apply to drug convictions beyond simple possession, “arguing that drug offenses are not criminal offenses involving dishonesty or breach of trust.” Another commenter said applicants shouldn’t have to request the Board’s consent for possession convictions that resulted in charges higher than a misdemeanor or for those involving sale or distribution.
“After careful review of the comments, the Board maintains that an application should be required for most drug offenses so it can determine the nature of the offense and elements of the crime,” NCUA said. “Thus, it will continue the current requirement that an application be filed for drug offenses that do not qualify as de minimis.”
“Moreover, while the Board recognizes the de minimis treatment for single convictions or program entries for simple misdemeanor drug possession is relatively narrowly tailored, it once again emphasizes that, as with any offense that does not fit a de minimis category, an application can still be filed for any drug crime that does not qualify for de minimis treatment,” the notice continued.
Other convictions that won’t require applications under the new changes, which will take effect on January 2, 2020, include those for small dollar simple theft, false identification and isolated minor offenses committed by covered persons as young adults.
The development comes two months after the House overwhelmingly approved a bill that would protect banks and credit unions that service the cannabis industry from being penalized by federal regulators. NCUA’s chairman said in August, prior to the vote, that credit unions wouldn’t be punished for working with marijuana businesses that comply with state laws. The agency also clarified in written guidance that month that the financial institutions can accept hemp clients since the crop was federally legalized.
Trinidad And Tobago Lawmakers Approve Marijuana Decriminalization Bill
A bill to decriminalize low-level marijuana possession in Trinidad and Tobago was approved by the nation’s House of Representatives on Wednesday.
The recently introduced legislation would remove criminal penalties for possession of up to 30 grams of cannabis. A fixed fine would be imposed for possession of more than 30 but fewer than 60 grams, and it would not impact an individual’s criminal record if the debt is paid.
The proposal would also provide a pathway for expungements of prior cannabis convictions and allow individuals to cultivate up to four plants for personal use. An earlier version specified that they must be male plants, which do not produce flower, but that was amended after lawmakers received public input.
Representatives spent about eight hours debating the bill, and its approval comes after a series of amendments were made in committee. It’s expected to get a vote in the Senate later this month.
There are some provisions that don’t sit well with reform advocates. Specifically, the measure imposes new penalties against possession and distribution of other substances such as LSD, MDMA and ketamine.
The decriminalization bill is one part of a package of marijuana reform proposals that the government brought before Parliament last month. Another piece of legislation, the Cannabis Control Bill, would legalize cannabis for medical, research and religious purposes and establish a regulatory body to approve licenses for marijuana businesses.
That proposal was also discussed during the House session on Wednesday and has been referred to a Joint Select Committee, which is tasked with delivering a report on the bill by February 29, 2020, local journalist Clydeen McDonald reported.
The JSC on the Cannabis Control Bill will report to the @TTParliament by February 29, 2020. Trinidad & Tobago's government only required a simple, however, the bill received the support of the country's opposition in its amended form, the context here: https://t.co/o6ibF39KRS
— Clydeen Seeorne McDonald 🇹🇹 (@ClydeenMcDonald) December 12, 2019
Prime Minister Keith Rowley and Attorney General Faris Al-Rawi have advocated for the policy changes, arguing that legalization and decriminalization will free up law enforcement resources, promote research into the therapeutic potential of cannabis and address racial justice.
“The history of cannabis is rooted in our country and, in fact, in our culture,” Al-Rawi said in his opening remarks. “Cannabis certainly be traced to several ethnic, religious and cultural traditions relevant to Trinidad and Tobago.”
“There are some who say legalize, there are some who say decriminalize, there are some who say do nothing at all, enhance the functions and penalties,” he concluded. “This is not an easy balance to be had, but commonsense tells us that it is by far past the time to make sure that the criminal justice system and the people most at risk are not exposed to the inevitability of just being processed through, after a whole lot of time, exposed to danger for a mere fine.”
The prime minister acknowledged that there’s ongoing debate about the extent to which the country should pursue reform and said “this matter is not a simple matter, but it also not a matter that we need to be frightened of.”
“We’re not going to please everybody by doing this,” he said. “There’s a body of opinion that says it shouldn’t be done at all, people should have to behave themselves. If we don’t do it, it is already an integral part of our societal behavior.”
“There are those who say we shouldn’t do it all, there are those who say we haven’t done enough, we should just legalize it and let the bush grow freely. That is not the position of the majority. The majority view in this country is we should decriminalize but we should not legalize. That may change in the future, I don’t know, but at this time, we decriminalize.”
The vote to advance these bills comes one year after the heads of 19 Caribbean nations announced they would be reviewing marijuana reform proposals. Since then, several regional countries such as St. Kitts have moved to change their country’s cannabis laws.
Photo courtesy of YouTube/ParlView.
New Jersey Lawmakers Take First Steps To Put Marijuana Legalization On The 2020 Ballot
New Jersey Assembly and Senate committees held hearings on Thursday to discuss a resolution that would put the question of marijuana legalization before voters on the 2020 ballot.
The Oversight, Reform and Federal Relations Committee debated the legislation at a morning hearing, which featured testimony from advocates, stakeholders and opponents, while a companion proposal was later discussed before the Senate Commerce Committee.
Both versions of the resolution have been scheduled for floor action in their respective chambers on Monday.
"If we are successful in placing this question on the ballot next year, the voters will make the final decision," says @JoeDanielsen17 on today's public hearing on legislation that would allow voters to decide to amend the State constitution to legalize adult-use cannabis pic.twitter.com/1Mlt8gcrzg
— NJAssemblyDemocrats (@njassemblydems) December 12, 2019
Separately, legislators in the Assembly Appropriations Committee approved a bill to revise and streamline the expungement process. It has also been listed for floor consideration on Monday.
The proposal to hold a cannabis referendum next November comes after top lawmakers failed to rally enough support to get legalization done legislatively, despite Gov. Phil Murphy (D) actively engaging in negotiations with the Senate and Assembly leaders. One of the main contentions was over how to tax marijuana sales.
“We had hoped to get this done legislatively, but that proved to be too tall of an order,” Assembly Judiciary Chairwoman Annette Quijano (D) said at the start of the Oversight panel hearing. “This is a seismic shift. I do not take that lightly.”
— NJAssemblyDemocrats (@njassemblydems) December 12, 2019
After Senate President Steve Sweeney (D) announced that lawmakers would be approaching legalization through a voter referendum, Murphy said that while he was disappointed, he felt confident New Jersey residents would do what the legislature was unable to accomplish.
In the meantime, the governor said he would work with both chambers to quickly pass more limited legislation decriminalizing cannabis possession.
“We believe prohibition has been a spectacular failure,” Karen O’Keefe, director of state policies for the Marijuana Policy Project told lawmakers on Thursday, adding that regulated markets mitigate public safety and workplace risks that exist under prohibition.
Assembly Panel Hosts Public Hearing on @AnnetteQuijano, @jamelholley, @AswTimberlake and @AswMcKnight Measure Amend State Constitution to Legalize Adult-Use Cannabis: https://t.co/IfEf98LO43 pic.twitter.com/h6gfT9CDwQ
— NJAssemblyDemocrats (@njassemblydems) December 12, 2019
Representatives from ACLU New Jersey, New Jersey CannaBusiness Association, Law Enforcement Action Partnership, Doctors for Cannabis Regulation and Clergy for a New Drug Policy also testified in favor of the measure.
Marijuana reform activist Chris Goldstein argued in his testimony that the language of the proposed ballot question should be revised to emphasize that it would end prohibition and remove criminal penalties associated with cannabis.
— Chris Goldstein (@freedomisgreen) December 12, 2019
In order to put changes to the state’s constitution on the ballot, as would be the case with the legalization referendum, the legislature must approve the proposal with a simple majority in two consecutive years, or once with a three-fifths supermajority.
As NJBiz reported, however, it’s unclear whether the two-year rule means it must be approved in two consecutive calendar years or two legislative sessions. The former would give lawmakers until the end of December to pass it the first time and the latter would give them until Murphy’s State of the State address on January 14, 2020.
Photo courtesy of Philip Steffan.
Senators Demand Update From DEA On Marijuana Growing Applications
A group of senators are pressing top federal drug and health agencies to provide an update on the status of efforts to increase the number of authorized marijuana manufacturers for research purposes.
A letter from the lawmakers—led by Sen. Elizabeth Warren (D-MA) and addressed to the heads of the Drug Enforcement Administration (DEA), Office of National Drug Control Policy and Department of Health and Human Services—emphasizes the need to expand the supply of research-grade cannabis as more states opt to legalize the plant for medical or recreational use.
It notes that DEA announced more than three years ago that it would begin to approve additional marijuana growers and has since continually delayed that process. While the agency said in August that it is taking steps to make approvals, it argued that the volume of applications received requires it to develop alternative rules before issuing any new licenses.
It made that announcement just before a court deadline mandated that DEA take action in response to a lawsuit brought against it by researchers who had applied for approval to produce cannabis for studies. Because the agency gave the update, however, the suit was dismissed in October.
But the senators aren’t satisfied and wrote that they’re “requesting written guidance on how the DEA will make these licenses available to qualified researchers in a timely manner.”
“While millions of Americans are now lawfully able to use marijuana for recreational and medicinal purposes, there remains limited research on its therapeutic benefits,” the letter, sent on Wednesday, states. “With an ever-growing number of Americans consulting their doctors about marijuana treatment options for conditions such as chronic pain, post-traumatic stress disorder, and terminal illnesses, it is imperative that your agencies make a concerted effort to improve our understanding of cannabis, its potential health benefits, and its health risks.”
The senators also noted that the fact that cannabis remains a Schedule I drug under the Controlled Substances Act “is, in itself, a significant barrier to conducting research.”
“Hampering these research opportunities and discouraging qualified, independent researchers attempting to conduct studies on the benefits of medical marijuana is detrimental to states that wish to thoughtfully implement their own marijuana laws,” they argued. “This research is crucial to developing a thorough understanding of medical marijuana and would be invaluable to doctors, patients, and lawmakers across the nation.”
The letter lists five questions that the agencies are being asked to respond to by January 10.
The group wants the government to provide 1) the status and timeline of application approvals by DEA, 2) details on the existing supply of research-grade cannabis and whether additional varieties are being cultivated, 3) information on any plans to consider rescheduling marijuana, 4) a description of the application process and 5) particulars on any efforts to support research into the therapeutic potential of cannabis, particularly as an alternative to opioid painkillers.
“With millions of American adults having access to recreational marijuana and a growing number seeking the drug for medicinal purposes, the federal government is not providing the necessary leadership and tools in this developing field,” they wrote. “Evidence-based public policy is crucial to ensuring our marijuana laws best serve patients and health care providers.”
“Federal agencies have a unique opportunity to collaborate with one another to expand our nation’s understanding of marijuana’s potential to create safe and effective therapies,” they said.
Sens. Ron Wyden (D-OR), Kamala Harris (D-CA), Kirsten Gillibrand (D-NY), Cory Booker (D-NJ), Jeff Merkley (D-OR), Ed Markey (D-MA) and Jacky Rosen (D-NV) also signed the letter.
Last week, DEA received a separate letter from a bipartisan coalition of House and Senate lawmakers urging them to change policy so that researchers can obtain marijuana from state-legal dispensaries. This would help resolve one problem that scientists have identified in the past, expressing frustration over a lack of diversity in the federal government’s cannabis supply.
One study found that the government’s marijuana is chemically more similar to hemp than what’s available in commercial markets.
DEA will likely find is useful to expand the number of cannabis manufacturers given the quota it released on how much marijuana it plans approve for cultivation in 2020: 3.2 million grams, which represents a 30 percent increase from this year’s quota.
Read the senators’ full marijuana letter below:
Photo courtesy of Brian Shamblen.