If you’ve only been paying close attention to marijuana policy for a few years, Maurice Hinchey’s name is one you may not recognize.
But if you are a patient who relies on medical cannabis or an entrepreneur in the legal marijuana industry, you owe Hinchey, who died this week, a debt of gratitude.
As a Democratic congressman from New York, Hinchey was the original sponsor of the federal spending provision that now protects state medical cannabis laws from Department of Justice interference.
First introduced in 2001 and then periodically after that, the measure wasn’t even enacted until after Hinchey retired from Congress in 2013.
The next year, after repeatedly failing on the floor of the House of Representatives, the measure was finally approved with a bipartisan vote and was included in a Fiscal Year 2015 spending bill signed into law by then-President Obama in late 2014.
Here’s a video of Hinchey introducing and debating the measure for the first time, in July 2001:
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In 2001, only eight states had legalized medical cannabis, a far cry from the 29 state laws that are now on the books.
Instead of insisting on a vote that would almost certainly have lost, Hinchey withdrew the amendment following a passionate debate.
Two years later, Republican Congressman Dana Rohrabacher of California teamed up with the Democrat on the officially rebranded Hinchey-Rohrabacher measure.
That lost, by a vote of 152 to 273:
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The bipartisan duo teamed up on the amendment several more times in subsequent years, losing each time.
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Then, in 2014, after Hinchey retired, Democrat Sam Farr of California joined with Rohrabacher in sponsoring the measure. By that time, many more members of Congress represented places where constituents were using medical cannabis in accordance with state law.
Finally, the dam had broken. The Rohrabacher-Farr measure passed the House by a vote of 219 to 189. It got included in the final spending bill that year, and it was approved the next year, as well, by an increased tally of 242 to 186.
While House Republican leadership has since blocked floor votes on the measure and other cannabis amendments, it remains current law thanks to victories in the Senate Appropriations Committee and its language not being deleted from short-term federal funding extension bills to keep the government operating.
That’s the case at least until December 8, when current federal funding — along with policy riders like the medical cannabis protections — are set to expire.
In the meantime, advocates working to convince Congress to include the provision in Fiscal Year 2018 legislation should take a moment to consider the efforts of the late congressman whose work more than a decade and a half ago began to make the federal government take medical marijuana seriously.
Photo courtesy of the Hinchey Family.
People With Marijuana Convictions Should Know About National Expungement Week
Marijuana legalization is a solid first step, but there’s still a lot of work to be done to resolve socioeconomic and racial inequities brought about by the war on drugs.
Hence, we now have National Expungement Week. The first-of-its-kind campaign, supported by a coalition of cannabis and social justice organizations called the Equity First Alliance, is taking place from October 20-27.
The organizations will offer “expungement and other forms of legal relief to some of the 77 million Americans with convictions on their records,” according to the campaign website. “These convictions can restrict access to housing, employment, education, public assistance, and voting rights long after sentences have been served.”
In an open letter, the alliance also said it was “largely unsupported by the cannabis industry and by the traditional funders of equity work.” While a main argument in support of legalization is that it would help to repair drug war damages, which have disproportionately affected communities of color, the laws and markets created by the successful movement haven’t necessarily lived up to its name, the alliance wrote.
To that end, the campaign has organized events across the country—from Los Angeles to Boston—to provide legal services to those whose criminal records are able to be reduced or expunged. You can check out the full list of events here.
The alliance’s agenda touches on numerous reform policies, including using marijuana tax revenue to fund communities that have been impacted by prohibition, implementing social equity programs, ensuring corporate responsibility for businesses that profit off cannabis and providing affordable medical cannabis for low-income patients, among other policies.
“We believe that we have a short but vital window of opportunity to change the course of the cannabis industry—and by doing so, we can prevent further harms to the most impacted communities and create a model of reparative economic and criminal justice.”
Adam Vine, co-founder of Cafe-Free Cannabis and an organizer with the campaign, told Marijuana Moment that the campaign is necessary “because millions of Americans have been harmed by the war on drugs and continue to face collateral consequences for convictions that may have happened years ago.”
“These consequences restrict people’s access to employment, housing, education, and social services, so our coalition decided to do something about it,” he said. “We are coordinating these events to provide free legal relief and to say that as states move towards cannabis legalization, expungement needs to be the first priority.”
Photo courtesy of Brian Shamblen.
Chris Christie Finally Recognizes Marijuana Legalization As States’ Rights Issue
Famously anti-marijuana former New Jersey Gov. Chris Christie (R) isn’t jumping on the pro-legalization train any time soon—but new comments suggest he might be softening his opposition a smidge, recognizing marijuana reform as a states’ rights issue.
Speaking at Politicon on Saturday, Christie took a question about his cannabis stance from YouTuber Kyle Kulinski, who asked him to weigh in on studies showing that states with legal marijuana programs experience lower rates of opioid addiction and overdoses compared to non-legal states. He was quick to dismiss the research, contending that other studies show the “exact opposite.”
“I just don’t believe when we’re in the midst of a drug addiction crisis that we need to legalize another drug,” Christie said, echoing comments he’s made as chair of President Donald Trump’s opioids committee.
Then he pivoted, acknowledging that some will push back on his anti-legalization position by pointing out that alcohol is legal. “I get that,” he said, “but I wasn’t here when we legalized alcohol.”
Kulinski seized on that point and asked the former governor if he’d vote to ban alcohol.
“No, I wouldn’t ban it. You can’t put the toothpaste back in the tube, and that’s a big, important argument about marijuana because once you legalize this, that toothpaste never goes back in the tube.”
Christie stood out among other Republican and Democratic contenders during his 2016 presidential run by maintaining that in addition to personally opposing legalization, he’d crack down on legal cannabis states and enforce federal laws nationwide if elected.
“If you’re getting high in Colorado today, enjoy it,” Christie said in 2015. “As of January 2017, I will enforce the federal laws.”
So it came as something of a surprise when the former governor went on to say in the Politicon appearance that “states have the right to do what they want to do on this,” signaling a modest shift in his anti-marijuana rhetoric. States should have that right even though, as Christie put it, “broad legalization of marijuana won’t, in my view, alleviate or even minimize the opioid crisis.”
It’s unclear what’s behind the apparent shift from hardline prohibitionist to wary federalist, but who knows… maybe Christie experienced an epiphany at a Melissa Etheridge concert he attended earlier this month.
Etheridge, who recently spoke with Marijuana Moment about her cannabis advocacy and use of the drug for medicinal purposes, reacted to a tweet showing Christie at one of her recent performances, where he reportedly knew every word of her songs and sang along.
— Melissa Etheridge (@metheridge) October 6, 2018
Christie, for his part, replied that he “enjoyed every minute of a great performance and a truly wonderful group of fans.”
And enjoyed every minute of a great performance and a truly wonderful group of fans https://t.co/TQdJ8fzkTM
— Governor Christie (@GovChristie) October 6, 2018
Photo courtesy of Gage Skidmore.
Marijuana Support Grows: Two Out Of Three Americans Back Legalization, Gallup Says
Two-thirds of Americans now support legalizing marijuana, the highest percentage ever in Gallup’s ongoing decades-long series of national polls on the topic.
The new survey released on Monday shows that U.S. adults back ending cannabis prohibition by a supermajority margin of 66 percent to 32 percent. That’s more than a two-to-one ratio.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Jurassic Blueberries.