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Federal Medical Marijuana Amendment Author Dies At 79

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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:

(Scroll to 10:08:20.)

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:

(Scroll to 10:14:05.)

The bipartisan duo teamed up on the amendment several more times in subsequent years, losing each time.

(Scroll to 2:56:05.)

(Scroll to 6:36:00.)

(Scroll to 10:31:25.)

(Scroll to 7:24:25.)

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.

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Politics

GOP Congressman: Legal Marijuana Has “Possibility To Create Jobs”

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Legalizing marijuana might be a way to help lift rural areas of Virginia out of poverty, a Republican who represents part of the state in Congress says.

“The lands out in Southwest are conducive to be able to grow that for medicinal purposes, or whatever it is, for other research purposes, and even recreational use for some areas, if Virginia chooses to legalize it in that way,” Congressman Scott Taylor said on Wednesday. “And if Virginia goes that way I think there is the possibility to create jobs down in the Southwest.”

Taylor, who was answering a caller’s question during an appearance on C-SPAN’s Washington Journal, added that he supports letting states set their own cannabis laws without federal interference.

“I think we should decriminalize it and leave it up to the states,” he said. “I do believe it’s a state decision, not a federal decision.”

Taylor, a freshman member of Congress, is a cosponsor of a pending House bill to remove marijuana from the Controlled Substances Act.

“When I was in the state House we voted to legalize industrial hemp, which is also another product that would grow well in Southwest just as tobacco did,” Taylor added. “So I think there’s product there.”

Advocates believe that Virginia has a good chance of decriminalizing cannabis in 2018. Incoming Gov. Ralph Northam, A Democrat, spoke often about cannabis on the campaign trail, consistently describing criminalization’s impact in stark racial justice terms.

New Virginia Governor Pledges Marijuana Decriminalization

Republican Senate Majority Leader Tommy Norment has announced he will file a decriminalization bill when the new legislative session begins in January.

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Vermont Will Legalize Marijuana Within Weeks, Officials Indicate

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Vermont appears poised to become the next state to legalize marijuana. And, according to top elected officials, it is likely to do so within a matter of weeks.

Last week, House Speaker Mitzi Johnson, a Democrat, said she expects “it likely will pass in early January.” Days earlier, Gov. Phil Scott, a Republican, said he is “comfortable” signing a cannabis legalization bill into law in early 2018. And on Thursday, Senate President Pro Tempore Tim Ashe, a member of the Progressive Party, said he and his colleagues “look forward to working with the governor to make sure that that bill gets to the finish line.”

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of M a n u e l.

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Politics

Here’s What Jeff Sessions Discussed In Secret With Anti-Marijuana Activists

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Last week, U.S. Attorney General Jeff Sessions held a behind-closed-doors meeting about marijuana with anti-legalization activists.

Now, thanks to the fact that Sessions inadvertently showed an agenda for the meeting to a TV camera that was in the room to capture introductions — along with some high-tech sleuthing — we know what the prohibitionists discussed in secret after reporters were kicked out.

A Twitter user with the handle @MentalMocean was able to enhance a screen capture of the document that Marijuana Moment posted.

Enhanced photo.

The document appears to read:

Agenda

Bertha Madras: Marijuana is not a substitute for opiates as a pain medication.

Dr. Hoover Adger: The harm from today’s marijuana.

Dr. Bob DuPont: The effect of marijuana on drugged driving.

David Evans: The role that the Food and Drug Administration can and should [obscured]

[obscured] The organizations you can speak for and what you and they are [obscured] people from recreational marijuana use.

[obscured] law enforcement thinks of the commercialization of [obscured] law enforcement would support an enforcement initiative.

[obscured] course of marijuana commercialization in the states if the [obscured] not intervene.

The enhanced photo makes clear that the anti-legalization activists made a concerted pitch during meeting to convince Sessions to launch a federal crackdown on states that have ended cannabis prohibition.

In attendance, according to video of the opening introductions captured by a pool photographer and posted by C-SPAN, were:

  • Edwin Meese III, U.S. attorney general under the Reagan administration
  • Kevin Sabet, president and CEO of Smart Approaches to Marijuana
  • Bertha Madras, a former Office of National Drug Control Policy staffer and a member of President Trump’s Commission on Combating Drug Addiction and the Opioid Crisis
  • Robert DuPont, former director of the National Institute on Drug Abuse
  • David Evans, executive director of the Drug Free Schools Coalition
  • Dr. Hoover Adger, Johns Hopkins Hospital

“I think it’s a big issue for America, for the country, and I’m of the general view that this is not a healthy substance,” Sessions said at the beginning of the gathering. “I think that’s pretty clear. And then have the policy response that we and the federal government needs to be prepared to take and do so appropriately and with good sense.”

“I appreciate the opportunity to hear your analysis on marijuana and some of the related issues,” Sessions told the group. “I do believe, and I’m afraid, that the public is not properly educated on some of the issues related to marijuana. And that would be a matter that we could, all of us together, maybe be helpful in working on and that would allow better policy to actually be enacted.”

The group’s roundtable discussion itself, which took place after initial introductions, was closed to the press.

The gathering comes as the Justice Department’s overall position on marijuana policy remains uncertain. Sessions has in recent weeks sent mixed signals about his plans for federal marijuana enforcement under the Trump administration.

Last month, he testified before Congress that an Obama-era Justice Department memo that generally allows states to implement their own marijuana laws without interference remains in effect. But he separately told reporters at a briefing that his department is actively conducting talks about potential changes to the policy.

Photo courtesy of Gage Skidmore.

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