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Senator Files ‘420’ Marijuana Bill To Legalize It Federally

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For the second time so far this year, marijuana legislation in Congress has been officially designated with the bill number 420. It seems to be an obvious nod to the increasingly mainstream cannabis culture from lawmakers on Capitol Hill.

Sen. Ron Wyden’s (D-OR) proposal, S.420, would establish a federal excise tax on legal marijuana sales, deschedule the drug by removing it from the Controlled Substances Act (CSA) and create a system of permits for businesses to engage in cannabis commerce.

Marijuana enthusiasts, of course, celebrate their favorite plant on April 20, also known as 4/20.

“S. 420 may get some laughs, but what matters most is that it will get people talking about the serious need to end failed prohibition,” Wyden said in an emailed statement.

The new Senate bill, filed on Thursday, is far from the first time that the number 420 has officially been attached to cannabis legislation.

Just last month, another federal lawmaker from Oregon, Rep. Earl Blumenauer (D-OR), filed a congressional bill to regulate marijuana like alcohol, numbered H.R. 420.

Also last month, Minnesota state lawmakers introduced a marijuana legalization bill designated as HF 420.

In California, the first move to establish statewide medical cannabis regulations was through 2003 legislation numbered SB 420.

In 2017, a Rhode Island senator introduced bill to legalize marijuana that was designated as S 420.

And back on Capitol Hill, the first House vote on an amendment to prevent the Department of Justice from interfering with state medical cannabis laws was via 2003’s Roll Call 420.

“The federal prohibition of marijuana is wrong, plain and simple. Too many lives have been wasted, and too many economic opportunities have been missed,” Wyden said in a press release. “It’s time Congress make the changes Oregonians and Americans across the country are demanding.”

NORML Political Director Justin Strekal called the new bill “a thoughtful and thorough approach to how the federal government could ultimately end prohibition.”

“Hailing from the first state to decriminalize marijuana back in 1973, Senator Wyden has a unique and much-needed perspective that his colleagues in the nation’s upper chamber would be wise to follow,” he said.

Aside from S.420, which would also authorize regulations on packaging and labeling of cannabis products and apply alcohol advertising guidelines to the product, Wyden introduced two separate pieces of marijuana legislation in the Senate this week.

One of the bills, S.421, seeks to “reduce the gap between Federal and State marijuana policy.” It proposes a number of changes such as exempting state-legal marijuana activity from the CSA, allowing banking access for cannabis companies, eliminating advertising prohibitions, expunging criminal records, shielding immigrants from deportation over marijuana and allowing Department of Veterans Affairs doctors to issue medical cannabis recommendations.

The other piece of legislation, S.422, would exempt state-legal cannabis businesses from the federal provision known as 280(E), which prevents them from taking normal business tax deductions that are available to operators in other industries.

This third bill is the only one of Wyden’s new proposals that comes with initial cosponsors. Also signing on to the legislation are Sens. Rand Paul (R-KY), Michael Bennet (D-CO) and Patty Murray (D-WA).

Wyden filed previous versions of all three bills during the last Congress, but none were brought to a vote.

The new cannabis legislation comes at a time when legalization advocates are more hopeful than ever before about the prospects for federal marijuana reform.

Next week, the new House Democratic majority will hold a hearing on marijuana businesses’ lack of access to banks, part of a plan Blumenauer proposed in a memo to party leaders that entails moving a number of incremental reform bills leading up to the eventual federal legalization of marijuana in 2019.

“Oregon has been and continues to be a leader in commonsense marijuana policies and the federal government must catch up,” Blumenauer in a press release. “The American people have elected the most pro-cannabis Congress in American history and significant pieces of legislation are being introduced. The House is doing its work and with the help of Senator Wyden’s leadership in the Senate, we will break through.”

On Friday, Blumenauer filed House companion versions to go along with Wyden’s three new Senate bills.

A number of additional bills with differing approaches to end federal marijuana prohibition have been introduced in Congress in recent years, and it remains to be seen which formation House leaders will choose to advance, if any, and whether the Republican-controlled Senate would go along.

President Trump, for his part, has signaled support for moves to end federal marijuana prohibition.

In the meantime, activists are reacting to the increasing interest in marijuana reform on Capitol Hill and lawmakers’ nods to cannabis culture with a mixture of lighthearted optimism.

“With 420 legislation pending in both chambers of Congress, the next logical step is for lawmakers to sit in a circle and finally hash out their differences,” NORML’s Strekal joked.

This piece was first published by Forbes.

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.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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Trinidad And Tobago Lawmakers Approve Marijuana Decriminalization Bill

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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.

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.

Thailand Prime Minister Uses Medical Marijuana At Event With Ganja Mascot

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New Jersey Lawmakers Take First Steps To Put Marijuana Legalization On The 2020 Ballot

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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.

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.”

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.

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.

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.

Legalizing Marijuana Has Majority Support In Kansas, Poll Finds

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Senators Demand Update From DEA On Marijuana Growing Applications

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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:

Senators Press Feds On Mari… by Marijuana Moment on Scribd

House Democrats Cave To Senate On Two Marijuana And Veterans Measures

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