The U.S. State Department has again made clear that religious discrimination against marijuana consumers is a problem in other countries—though it also once more declined to mention that such discrimination inherently occurs in the U.S. due to ongoing federal prohibition.
In its latest annual Report on International Religious Freedom, the department identified about a dozen countries and territories where cannabis policies either discriminate against consumers or where marijuana laws have been reformed to better respect religious liberties. The document shows similar themes as in past years.
“I’m here one more time, proudly, to talk about freedom and free societies. And while America is not a perfect nation by any means, we always strive towards that more perfect union, trying to improve,” Secretary of State Mike Pompeo said at a recent press conference on the report, which covers developments that took place in 2019. “We remain the greatest nation in the history of civilization.”
Here’s a breakdown of what the report found:
Antigua and Barbuda
The Caribbean nation decriminalized cannabis, enabling the government to “uphold the religious rights of persons of the Hindu and Rastafarian faiths,” the report states. “It allows these persons to apply for a special religious license to cultivate the plant within their private dwelling, use the plant for religious purposes within their private dwelling or within their approved place of worship, and transport the plant between their private dwelling and approved place of worship.”
“In the wake of decriminalization of marijuana use and cultivation for religious purposes, Rastafarian leaders continued to state publicly the government had taken steps to recognize the dignity and worth of the Rastafarian community,” the State Department noted.
That said, the cannabis license for religious purposes “does not permit any commercial or financial transaction involving any part of the cannabis plant.”
Rastafarians in the Bahamas have said that the government continues to discriminate against them “because of their dreadlocks and their religious use of marijuana.”
In December, the Bahamas National Commission made a recommendation to sanction the religious use of cannabis for Rastafarians, the report notes.
“Prime Minister Hubert Minnis, whose party had a strong legislative majority, was an outspoken advocate of reforming marijuana laws,” it continues. “Parliament took no legal action on the recommendation by year’s end.”
In the meantime, “Rastafarians said police continued to arrest them for possessing small quantities of marijuana used in ceremonial rituals and said prison authorities cut the dreadlocks of Rastafarian prisoners.”
“Rastafarians expressed objections to the government’s proposed Medicinal Cannabis Industry Bill, introduced in August, which would legalize marijuana for medicinal purposes, while remaining silent on whether other personal use, including for religious rituals, would remain prohibited,” the department found.
It acknowledges, however, that the attorney general said late last year that a committee “would begin discussions on the use of marijuana for sacramental purposes.”
The report notes that the Czech government has denied registration to the Cannabis Church, and that decision has been upheld after several appeals.
“Rastafarians continued to press the government for complete legalization of marijuana use, stating they considered decriminalization to be a commercially focused half measure,” the State Department said. “Representatives of the Rastafarian community again reported authorities did not enforce the law against using marijuana when they used it in their religious rites.”
The prime minister has pushed for decriminalizing cannabis for medical, recreational and religious purposes, though legislation has not yet been enacted to that end.
While low-level possession of marijuana is decriminalized in the nation, Rastafarians said the ban on possessing more than 15 grams “infringed on their religious practices.”
“The Guyana Rastafari Council continued to petition the government to legalize the use of small amounts of marijuana for religious purposes, but according to the council, authorities again would not consider the proposal, stating that reviewing drug legislation remained a low priority for the government,” the report states.
“Rastafarians continued to report wider societal acceptance despite what they said was their continuing to be typecast as marijuana dealers, as well as certain limitations associated with their wearing dreadlocks and smoking marijuana,” the department said.
Meanwhile, Jamaican officials have said they would be applying pressure on the U.S. to pass legislation protecting banks from being penalized for servicing cannabis businesses.
The country also recent announced that it will be allowing medical marijuana patients to make cannabis purchases online for pickup at “herb houses” as a social distancing measure to help combat the coronavirus pandemic.
As in several other nations included in the review, “Rastafarians continued to object to the laws making use and possession of cannabis a criminal offense in country, stating its use is a part of their religious doctrine.”
Saint Kitts and Nevis
The ban on personal consumption of marijuana was deemed unconstitutional in the dual-island nation last year, meaning “Rastafarians may smoke marijuana as part of their religious activities.” The report also acknowledges that legalization legislation has been introduced but not yet enacted.
That bill would legalize cannabis for “medicinal and scientific, religious and recreational purposes.”
Rastafarians said that they’ve engaged in constructive conversations with government officials about various social issues, including marijuana legalization.
“In July the government established a commission to develop recommendations regarding possible steps towards legalizing or decriminalizing marijuana. The commission’s mandate focused on the commercial benefits of cannabis production,” the report states. “According to a government official, the commission was required as part of the public consultations needed to amend the constitution, but the Rastafarian community said the government was using the commission to delay making a decision on decriminalization or legalization until after the next parliamentary election in 2021.”
Saint Vincent and the Grenadines
Following the legalization of medical cannabis, “government officials stated publicly that Rastafarians and Hindus could use cannabis for sacramental purposes.” The Rastafarians community was also prioritized for cannabis cultivation licenses.
“Rastafarians said they still faced societal discrimination because of their religious practices but cited the legalization of medical marijuana as evidence of the continued increase in societal acceptance of and tolerance for Rastafarian culture and traditions,” according to the report.
“The government continued to enforce a law prohibiting the production, sale, and consumption of marijuana,” the department said. “Rastafarians said this prohibition was an infringement on their religious freedom to access cannabis, a core component of their religious practices.”
Trinidad and Tobago
Late last year, lawmakers in Trinidad and Tobago approved legislation decriminalizing low-level marijuana possession. Another bill filed last year would establish a licensing scheme for the cultivation and sale of cannabis for medical, research and religious purposes.
“Prior to the [decriminalization] law’s passage, several Muslim organizations asked the government to conduct an independent analysis of the pros and cons of decriminalizing marijuana,” the report says. “Members of the Rastafarian community supported the law. Pro-marijuana activists criticized the legislation for not going far enough to legalize marijuana use and cultivation.”
The State Department report does not discuss domestic cannabis policy or its discriminatory effects on marijuana consumers, even as U.S. courts have continually rejected cases arguing that religious exceptions should be made to the country’s cannabis criminalization laws that result in hundreds of thousands of arrests every year.
“Our nation is so special and it’s the greatest nation in the history of civilization,” Pompeo argued at the press conference earlier this month. “It’s so special that challenges like the ones that we’re confronting here in the United States today will be managed head-on, there will be a political process that’s engaged of, there will be wide open debate, and our core principles—the fact that we respect every human being because they are made in the image of God—will be reflected in the way that the United States responds to these challenge.”
Photo courtesy of Mike Latimer.
Majority Of Connecticut Residents Back Marijuana Legalization And Expungements, Poll Finds As Reform Bills Advance
As bills to legalize marijuana in Connecticut move through the legislature, a new poll finds that the reform has strong support among residents.
The survey from Sacred Heart University (SHU), released on Tuesday, found that about 66 percent of people in the state favor legalizing cannabis for adult use, while 27 percent are opposed.
If the policy change is enacted, 62 percent said those with prior marijuana convictions should have their records expunged.
Younger people and those who identify as Democrats were more likely to back ending prohibition, compared to those 65 and older or Republicans.
Further, the poll asked about perceived harms of cannabis, and 77 percent said they felt the plant carried “fewer effects” or comparable effects as alcohol. About 72 percent drew the same contrast between marijuana and other drugs such as heroin, amphetamines and prescription painkillers.
These figures are largely consistent with a previous poll that SHU conducted in February.
And like that prior survey, nearly half of Connecticut residents again expressed that they still believe that there are potential negative public safety implications of legalization, even if they support the policy. In this case, 48 percent said they agree that allowing recreational cannabis would lead to a “significant” increase in impaired driving.
Two in five respondents said they agree that marijuana is a gateway to other drugs. The poll involved interviews with 1,000 residents from March 23-31.
But while these figures largely align with the last SHU survey, one thing that has changed is that reform legislation has started to advance in the legislature, including a bill being backed by the governor.
The Judiciary Committee approved Gov. Ned Lamont’s (D) proposal, which was amended to more comprehensively address social equity issues, last week. That said, legislative leaders have indicated that the bill is fluid and will likely see additional revisions down the road.
A competing legalization measure from Rep. Robyn Porter (D) was approved in the Labor and Public Employees Committee last month.
One amendment that was adopted to the governor’s bill would provide for the free erasure of past marijuana convictions for possession or sales of up to four ounces of cannabis or six mature plants—a policy that is evidently backed by most residents in the state.
Lamont, who convened an informal work group in recent months to make recommendations on the policy change, initially described his legalization plan as a “comprehensive framework for the cultivation, manufacture, sale, possession, use, and taxation of cannabis that prioritizes public health, public safety, and social justice.”
For his part, House Speaker Matthew Ritter (D) said last month that “optimism abounds” as lawmakers work to merge proposals into a final legalization bill.
Majority Leader Jason Rojas (D) said “in principle, equity is important to both the administration and the legislature, and we’re going to work through those details.”
To that end, the majority leader said that working groups have been formed in the Democratic caucuses of the legislature to go through the governor’s proposal and the committee-approved reform bill.
In February, a Lamont administration official stressed during a hearing in the House Judiciary Committee that Lamont’s proposal it is “not a final bill,” and they want activists “at the table” to further inform the legislation.
The legislature has considered legalization proposals on several occasions in recent years, including a bill that Democrats introduced last year on the governor’s behalf. Those bills stalled, however.
Lamont reiterated his support for legalizing marijuana during his annual State of the State address in January, stating that he would be working with the legislature to advance the reform this session.
Ritter said in November that legalization in the state is “inevitable.” He added later that month that “I think it’s got a 50–50 chance of passing [in 2021], and I think you should have a vote regardless.” The governor said in an interview earlier this year that he puts the odds of his legislation passing at “60-40 percent chance.”
Should that effort fail, the speaker said he will move to put a constitutional question on the state’s 2022 ballot that would leave the matter to voters. Lamont made similar remarks last week.
The governor has compared the need for regional coordination on marijuana policy to the coronavirus response, stating that officials have “got to think regionally when it comes to how we deal with the pandemic—and I think we have to think regionally when it comes to marijuana, as well.”
He also said that legalization in Connecticut could potentially reduce the spread of COVID-19 by limiting out-of-state trips to purchase legal cannabis in neighboring states such as Massachusetts and New Jersey.
Photo courtesy of Mike Latimer.
Remembering Cannabis Legalization Pioneer Steve Fox
This post is a remembrance of longtime cannabis policy activist Steve Fox from his colleagues at VS Strategies and Vicente Sederberg LLP.
Dear Family, Friends, and Colleagues,
We are truly heartbroken to share news of the passing of our partner and dear friend Steve Fox. Steve served as managing partner of VS Strategies since co-founding it in 2013, and he was a leader at Vicente Sederberg LLP since its formation in 2010.
We welcome the celebration of Steve’s life through the sharing of thoughts and memories, and we ask for respect and privacy for his family, friends, and coworkers who are still reeling from this loss. We have also started a GoFundMe page to support Steve’s wife and daughters as they navigate their way through this extremely difficult time—https://www.gofundme.com/f/support-the-family-of-steve-fox
With wisdom beyond his years and a pioneering spirit, Steve was an “old soul” with a knack for seeing things in a new light. He was strongly principled, deeply empathic, and fiercely kind. And despite his usually soft-spoken and lighthearted demeanor, his opinions rarely went unheard and always carried significant weight.
His passion for politics and policy were exceeded only by his passion for people—his family, friends, and colleagues, as well as the multitude of strangers that he knew were being affected every day by politics and policy. He had a burning desire and uncanny ability to envision and effect positive change, both societally and in those closest to him. He was not just a remarkable human being, but a truly transformational leader.
Steve was always the first to volunteer and the last to seek credit. He was beyond generous with his time and patience, and perpetually understanding. He relished opportunities to provide counsel and guidance, and the feeling was mutual for those who received it. He was warmly regarded as a mentor by no fewer than a dozen current and former members of our firm, including all seven of us.
Steve was one of the first political professionals to enter the marijuana advocacy space. At a time when cannabis policy was just a blip on the political radar and most savvy up-and-comers were unwilling to dip a toe into the space, Steve dove in headfirst. While many viewed it as a losing cause that wasn’t worth the fight, he saw it as a cause worth fighting until it was won. And in working to legalize and regulate cannabis for medical and adult use, he found a way to fight simultaneously for several of his core values: To promote justice and compassion, to advance freedom and liberty, and to nurture and inspire the human spirit. Humbly righteous, judiciously aggressive, and relentlessly ethical, he was committed to doing the right thing, doing it the right way, and doing whatever it takes to get it done.
When he joined the Marijuana Policy Project in 2002, Steve was the only full-time cannabis lobbyist on Capitol Hill. He would remain at the forefront of the cannabis policy reform movement for nearly two decades, playing pivotal roles in several major victories at the federal and state levels.
Steve was a lead drafter of Colorado’s historic Amendment 64, which legalized cannabis for adult use, and he managed all aspects of the successful campaign behind its passage and implementation. He also conceptualized and co-founded Safer Alternative For Enjoyable Recreation (SAFER), which laid a lot of groundwork for the legalization effort and contributed to a seismic shift in the U.S. cannabis policy debate. In 2009, he co-authored the book “Marijuana Is Safer: So why are we driving people to drink?,” which is based on the SAFER strategy.
Steve was always thinking step ahead of the rest. Long before cannabis was legalized, he envisioned a legal, organized, and responsible cannabis industry. He played leading roles in conceptualizing and establishing several of the nation’s largest and most influential cannabis trade organizations, including the National Cannabis Industry Association, the Cannabis Trade Federation, and the U.S. Cannabis Council. He regularly led working group meetings and calls, and he was a frequent speaker at cannabis conferences.
Steve’s role in cannabis community cannot be overstated. He was a trailblazer in the movement to end prohibition, and he was an architect and caretaker of the legal industry that is quickly replacing it. He beat the path, built the shelter, and worked tirelessly to make it as welcoming, accessible and beneficial as possible. He always put the mission—the wellbeing of others and the betterment of society—ahead of himself.
No one was more reluctant to sing their own praises while being so deserving of a louder refrain.
In 2013, Steve received a highly esteemed award from the Drug Policy Alliance in recognition of his long-term spearheading of the Colorado legalization effort. With an audience of hundreds and the spotlight squarely on him, he used the better part of his brief acceptance speech to give recognition to the people and organizations who had supported and worked alongside him. He reserved only the final thought for his own personal message and dedication. It was to his parents, for raising him to believe in the Jewish philosophy “Tikkun olam”—to “repair or heal the world” through beneficial and constructive acts. That is what drove Steve to take on the cause of cannabis policy reform. And it was what drove Steve to be the person he was.
Tikkun olam. Mission accomplished, dear friend.
And the entire VSS and VS family
Biden’s Pick To Lead DEA Voiced Openness To State Medical Marijuana Program
President Joe Biden’s nominee to lead the Drug Enforcement Administration (DEA) previously described a New Jersey medical marijuana bill as “workable” while serving at the state’s attorney general.
Although the former top state prosecutor, Anne Milgram, doesn’t appear to have publicly detailed her personal views on cannabis reform, the limited comments she made over a decade ago signal that, at the very least, she’s open to allowing states to enact their own marijuana policies despite federal prohibition.
That’d be a big deal, as far as advocates are concerned. Having a DEA administrator who appears flexible with respect to state cannabis reform efforts would be a notable development given the role that the official plays in federal marijuana policy.
However, Milgram’s on-the-record remarks on the issue are admittedly minimal. In 2009, when the New Jersey legislature was considering a medical cannabis legalization bill, she called the proposal “workable,” according to a one-word quote included in an Associated Press report.
After the legislation was amended, a spokesperson for the then-attorney general said the change “tightens up the provisions…that could have become loopholes by people seeking to divert marijuana for illicit purposes.”
Biden announced Milgram as his pick to be the next DEA administrator on Monday, and now her nomination heads to the Senate. It is possible that she will be asked to elaborate on her views during a confirmation hearing before the Judiciary Committee.
Milgram’s prior statements are far from an explicit endorsement of medical cannabis legalization, but they do indicate that the nominee is not vociferously opposed to state-level reforms as has been the case for prior DEA administrators. And in combination with other Biden cabinet picks, that bodes well for advocates.
Attorney General Merrick Garland made clear during his oral and written testimony before the Senate, for example, that he does not feel the Justice Department should use its resources to go after people acting in compliance with state marijuana laws. That stands in contrast with President Donald Trump’s first selection for attorney general, Jeff Sessions, who rescinded Obama-era guidance deprioritizing prosecutions over state-legal cannabis activity.
The DEA, with authority delegated from the Department of Justice, plays an important role in determining the schedule status of marijuana and other drugs. If the agency’s administrator were to acknowledge the medical benefits of cannabis, it would deeply undermine its current classification in Schedule I, which is supposed to be reserved for substances with no therapeutic value.
That said, while the Justice Department and DEA play a key role in federal scheduling, a medical and scientific review by the Department of Health and Human Services (HHS) and the Food and Drug Administration is binding on the attorney general’s classification decision.
To that end, the former attorney general of California, Xavier Bacerra, was confirmed by the Senate to lead HHS, and he has a considerable record supporting cannabis reform and working to protect California’s legal program from federal interference.
Meanwhile, Biden has yet to nominate someone to run the federal Office of National Drug Control Policy (ONDCP), despite earlier reporting that a selection was imminent.
The presumed leading candidate to be White House drug czar—Rahul Gupta, the former chair of the West Virginia Medical Cannabis Advisory Board—has played a critical role in overseeing the implementation and expansion of a state medical marijuana program and has publicly recognized both the therapeutic and economic potential of cannabis reform.
But while any pro-reform appointment is notable in the new administration, the DEA administrator has played a historically antagonistic role opposing federal or state policy changes as they concern cannabis. And so Milgram would stand out as an especially significant pick to that end.
The nominee would be taking over the defense to a number of pending lawsuits from marijuana and psychedelics reform advocates and patients if confirmed.
For example, Seattle doctor hoping to expand access to psilocybin mushrooms for terminally ill cancer patients is taking DEA to court over the agency’s recent denial of an application to legally use the psychedelic in end-of-life treatment.
Scientists and veterans sued the federal agency last year, arguing that the legal basis DEA has used to justify keeping marijuana in Schedule I of the Controlled Substances Act is unconstitutional. They asked for a review of its decisions to reject rescheduling petitions in 2020, 2016 and 1992. DEA subsequently requested that the court dismiss that suit.
The agency has also been taken to court over delays in approving additional cannabis manufacturers for research purposes.
The Scottsdale Research Institute alleged that DEA has been deliberately using delay tactics to avoid approving cultivation applications. A court mandated that the agency take steps to make good on its promise, and that suit was dropped after DEA provided a status update.
In March 2020, DEA finally unveiled a revised rule change proposal that it said was necessary due to the high volume of applicants and to address potential complications related to international treaties to which the U.S. is a party.