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Florida’s US Senate Candidates Clash On Medical Marijuana

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In this year’s close U.S. Senate race in Florida, marijuana is playing a mostly sidelined role so far as voters in the key swing state decide between incumbent Democratic Sen. Bill Nelson and Republican Gov. Rick Scott, who is term-limited out of his current job.

But among the two candidates, the winner of which could help determine which party controls the Senate next year, there are sharp disagreements about some aspects of marijuana policy.

Florida voters approved a medical cannabis ballot measure in 2016, in the fifth year of Scott’s term. The governor himself has not been a supporter, and his administration continues to fight efforts to allow patients to consume medical marijuana in smokeable form.

Despite 71 percent voter approval for the initiative, the Florida legislature limited the scope of medical cannabis to oils, tinctures, sprays and edibles—a move that was met with resistance from activists like attorney John Morgan, who largely funded the legalization effort and later supported legal action against the state on behalf of a small handful of patients and organizations, claiming the restrictions were unconstitutional.

Morgan urged Scott to drop his appeal in the smokable marijuana case, suggesting that he would lose the Senate race if he kept up the fight, and that if he did indeed drop it, he’d gain “five points overnight.”

Scott’s “boneheaded decision” to appeal the smokable marijuana case even garnered criticism from Trump ally Roger Stone, calling it a “waste of taxpayers’ money” likely to “cost him Republican votes [and] hurt him in the Senate race.”

And Congressman Matt Gaetz, also a Republican, said the decision was “neither compassionate nor conservative.”

Meanwhile, Scott had been defensive of his administration’s efforts to implement medical cannabis, even before the lawsuit ruling: “The Department of Health is implementing Amendment 2,” he said. “They’re doing everything they can to streamline the process and work through this process… As you all know, this is a new process and they’re working very hard.”

That said, the governor himself had taken a stand against the state’s medical cannabis initiative at the ballot box. “I voted against it,” Scott said. “I believe people should have access to any drugs they need or anything they need, but I think it ought to go through the legislative process.”

He also vetoed research funding to study the effects of medical marijuana. Explaining his, decision, Scott also said that the University of Florida and the Moffitt Cancer Center already had enough of their own money to fund the research on their own.

In 2014, Scott signed into law a limited low-THC medical cannabis program.

“I have a great deal of empathy for people battling difficult diseases and I understand arguments in favor of this initiative,” he said at the time, referring to a more comprehensive medical marijuana measure that went on to a narrow defeat at the ballot box that year. “But, having seen the terrible effects of alcohol and drug abuse first-hand, I cannot endorse sending Florida down this path and I would personally vote against it.”

Two years later, voters approved a similar initiative.

For his part, Nelson has positioned himself in direct opposition to Scott, stating that doctors should be able to recommend smokable cannabis to patients. “I don’t want a government or a politician to get in the way of a doctor recommending what should be the treatment, the medical treatment for the doctor’s patient,” he said. “Of course” that includes smokable cannabis, he added. “That’s what the constitutional amendment was.”

However, while he supports medical marijuana (and indeed voted for the state’s ballot measure to legalize it), Nelson remains opposed to broader recreational legalization. When asked if he agreed with the growing number of Democrats aiming to reform cannabis policy, he answered: “That’s a fancy way that you’ve asked me ‘Do I agree with recreational marijuana’, and the answer is no.”

His opposition to legalizing cannabis seems to be rooted in the belief that, outside a medical context for “desperate” patients, the drug is otherwise harmful.

“Just listen to the personal testimonies of people that nothing will help them as they are dying and marijuana gives them comfort and relieves the pain,” he told the Tampa Bay Times.

Nelson began his political career in 1972, when he joined the Florida House of Representatives. He later served more than a decade in the U.S. House and, in 2001, became a U.S senator. Over time, he has maintained a reputation as one of Congress’s more moderate Democrats.

While Nelson has said that cannabis legalization should be “left to the states,” he hasn’t added his name as a cosponsor to a single piece of marijuana reform legislation during his decades on Capitol Hill.  He did, however, vote on the 2014 Farm Bill, which legalized industrial hemp for research purposes.

Nelson has, however, signed onto a small handful of bills geared toward supporting drug war-style initiatives. Among them were a 1990 resolution to “take ongoing responsibility in the drug war by incorporating the issue of the illegal narcotics trade as an integral component of United States trade policy.”

While that legislation can be contextualized amidst the height of 1980s drug war propaganda, Nelson has nonetheless done little to modernize his attitude toward prohibition in the years since.

Legalization advocacy group NORML gave Nelson a B grade in its congressional scorecard, while Scott earned a D+ in the organization’s gubernatorial rankings.

Neither the incumbent senator nor his challenger have taken strong stances in support of marijuana law reform— though perhaps the upcoming election will encourage them to, in one direction or another.

Photo courtesy of Brian Shamblen.

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.

Madison is a New York/Los Angeles-based journalist on the cannabis beat. You can read her work on Herb, Rolling Stone, Merry Jane, and elsewhere.

Politics

Kentucky GOP Congressman Touts ‘High Hemp IQ’ Of His Constituents

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Rep. James Comer (R-KY) says that he proved his political advisors wrong when he decided to champion hemp legalization.

When he served as Kentucky’s Agriculture Commissioner before joining Congress and first contemplated “making hemp a reality,” he was told that people would conflate the crop with marijuana and he’d face a backlash, Comer said during an interview that aired this week.

“They said the people of Kentucky will never know the difference. They’ll think you’re talking about marijuana and you’re done,” he said during the Kentucky Educational Television appearance. “You can’t be a Republican and do this.”

“But people in Kentucky are smarter than some people give us credit for, and the people in Kentucky knew the history of hemp,” he said, noting that his own grandparents cultivated the crop.

“We have a high hemp IQ in Kentucky, and people across America are now learning the difference between hemp and marijuana.”

One of the areas that Comer said he hopes to see expanded is the use of hemp fibers to create products such as furniture and car parts. He mentioned one example of a Kentucky company that’s creating hardwood flooring out of hemp, and House Agriculture Committee Chair Collin Peterson (D-MN) is going to tour that facility with him soon.

Shortly before becoming the panel’s chair, Peterson said he was considering growing hemp on his own farm.

Most of the existing hemp facilities in Kentucky are producing CBD oil, which Comer said he also takes to treat minor pain.

While hemp and its derivatives were federally legalized under the 2018 Farm Bill, businesses are still awaiting guidelines from the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). And that regulatory uncertainty has led some financial institutions to deny credit lines to hemp companies.

To that end, Comer said he and Senate Majority Leader Mitch McConnell (R-KY) are working closely to resolve the problem. That includes pushing for the Secure And Fair Enforcement (SAFE) Banking Act, which would protect banks that service state-legal cannabis businesses from being penalized by federal financial regulators.

“We teamed up with the marijuana people in the states,” Comer said.

Watch Comer’s hemp comments, starting around 5:30 into the video below:

“They’ve legalized marijuana. They’re selling marijuana. They’re not allowed to deposit the cash. They’re not allowed to take credit card transactions at those marijuana stores,” he said. “We have worked with them to try to create a system where you can have financial transparency, and that bill is making its way through Congress now.”

The SAFE Banking Act was approved by the House Financial Services Committee in March. And on Tuesday, the Senate Banking Committee took advocates by surprise after it announced that it would hold a hearing on marijuana banking issues next week, with just days left before the August recess.

Separately, the Senate Agriculture Committee will meet to discuss hemp production two days later.

McConnell has been an especially vocal advocate for hemp and CBD. For example, he led the head of USDA on a tour of a Kentucky hemp facility that produces CBD oil earlier this month.

Comer also claimed in the new interview that large pharmaceutical companies feel threatened by hemp-derived CBD as more consumers gravitate toward it as a “natural supplement” that could be a substitute for prescription painkillers.

“Now what you are having up here in Washington as we speak, the big drug companies are like, ‘Wow, people are buying this CBD oil and not buying our drug,'” the congressman said. “So they’re demanding that the FDA regulate it.”

He and McConnell are working to “keep the FDA off the backs of people,” Comer said.

While former FDA Commissioner Scott Gottlieb stressed that creating a regulatory pathway that allows for the lawful marketing of CBD as a food item or dietary supplement would take years without congressional action, the agency recently said that it is speeding up the rulemaking process and will issue a progress report by early fall.

USDA similarly recognized the intense interest from lawmakers and stakeholders in developing regulations for the crop, and it plans to issue an interim final rule for the crop in August.

Senate Schedules Second Cannabis Hearing For Next Week

Photo courtesy of KET.

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Psychedelics Decriminalization Moves Forward In Cities Around The U.S.

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Activists in Berkeley, California and Port Townsend, Washington took steps this week to get psilocybin mushrooms and other psychedelics decriminalized, following in the footsteps of successful similar efforts in Denver and Oakland.

In Berkeley, a decriminalization resolution advanced in a City Council committee on Wednesday, and organizers in Port Townsend spoke about their proposal at a county public health board meeting on Thursday, with plans to formally present it to the City and County Council.

The Berkeley measure would prohibit city departments and law enforcement from using any funds to enforce laws against possession, propagation and consumption of psychedelics by individuals 21 or older. Members of the City Council Public Safety committee unanimously voted to send the resolution to the body’s Public Health Committee for further consideration.

If that panel approves the measure, the full Council will schedule a hearing and vote on final passage. Decriminalize Nature, the group behind this resolution as well as the successful passage of neighboring Oakland’s psychedelics decriminalization effort last month, said they hope the Council will act on the measure by early November.

Separately, activists in Port Townsend announced that they delivered a speech about their psychedelics decriminalization proposal during a meeting of the Jefferson County Board of Health.

Beyond prohibiting the use of government funds to criminalize adults for using and possessing the substances, the local Washington resolution also calls on the city administrator to “instruct the City’s state and federal lobbyists to work in support of decriminalizing all Entheogenic Plants and plant-based compounds that are listed on the Federal Controlled Substances Schedule 1.”

“We are overwhelmed by the support of our community. Our group of supporters filled up half the audience,” the Port Townsend Psychedelic Society said in an Instagram post. “We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council.”

Alex Williams, who is leading the decriminalization effort in Berkeley, told Marijuana Moment that Wednesday’s Council committee meeting there “went better than I had anticipated” and that he feels “there is an excellent chance of the resolution passing.”

Watch the Berkeley Public Safety Committee discuss psychedelics, starting at about 42:00:

While Williams said two members of the committee seemed to be under the impression that the resolution is singularly geared toward recreational use and meant to “capitalize on a new market,” Decriminalize Nature plans to address those misconceptions, emphasizing that the measure would not provide for commercial manufacturing or sales and that “this process is very important to allowing safe, equitable access to marginalized communities.”

“It is essential that entheogenic substances be treats as sacred spiritual practices and healers,” he added.

The resolution defines entheogenic substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”

Two Councilmembers, Rigel Robinson and Cheryl Davila, are sponsoring the measure.

“You can imagine a day where, years from now, doctors working with patients with serious depression or veterans dealing with PTSD could actually offer them a more realistic and comprehensive suite of potential treatments, which may include some of these plants as the research over the last several decades has indicated,” Robinson said at the meeting.

While Berkeley might seem like an obvious target for psychedelics reform given the city’s decades-long close association with counterculture, the movement to remove criminal penalties is gaining steam nationally. Decriminalize Nature is maintaining a map of jurisdictions throughout the country where activists have expressed interest in pursuing a similar model.

Also this week, a resident spoke at a Columbia, Missouri City Council meeting, asking the body to consider a resolution to decriminalize psychedelics. At least one councilmember expressed interest in following through, and he called the therapeutic potential of the natural substances “very promising.”

Individuals from nearly 100 cities have reached out to the organization for assistance advancing their own decriminalization efforts.

Voters in Denver kicked things off by approving the nation’s first-ever ballot measure to decriminalize psilocybin mushrooms in May.

Activists are currently pursuing efforts to place psilocybin-focused measures on statewide ballots in California and Oregon for next year.

More Than 100 Marijuana Businesses Urge Congress To Include Social Equity In Legalization

Photo courtesy of Wikimedia/Mushroom Observer.

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.
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Top Democratic Party Leader Flops With Attempted Joke About Trump Smoking Hemp

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The chairman of the Democratic National Committee (DNC) apparently thinks that hemp gets you high—and that getting high makes you dumb.

In an attempted dig at President Donald Trump, who said last week that farmers struggling amid a trade war were “over the hump,” DNC Chair Tom Perez said he thought the president “was smoking some hemp when he said they were over the hump.”

“If you smoke some hemp, I guess that would stimulate certain farm economies here,” he added during his remarks at a press conference in Wisconsin.

Watch Perez’s hemp comment at about 6:45 into the video below:

Because hemp contains only trace amounts of THC, the main psychoactive ingredient in marijuana, it wouldn’t get you high, as Perez implied. But legalization advocates say it’s especially problematic that a party leader is treating marijuana as a laughing matter in the first place.

“I would need to be smoking something a hell of a lot stronger than hemp to find Tom Perez’s weak attempt at a marijuana joke funny,” Erik Altieri, executive director of NORML, told Marijuana Moment.

“At a time when over 600,000 overwhelmingly black and brown Americans are still being arrested every year for simple possession, our failed and racist prohibition is no laughing matter,” he said. “While we have made great progress in winning elected officials nationwide to our cause, Perez illustrated that we have a lot of work left to do when it comes educating them about the issue and still a bit of a road to go down before we can stop dealing with dad jokes and bad weed puns.”

Don Murphy, director of federal policies for the Marijuana Policy Project, echoed that point.

“We need more leadership and action at the federal level, not more stupid jokes, puns and inaccurate comments about hemp’s ability to get you high,” he told Marijuana Moment. “Luckily that is something that many of his party’s presidential candidates understand,” he said. “Sadly, Mr. Perez does not.”

Perez’s position on cannabis policy isn’t quite clear, as he’s remained largely silent on the issue. In contrast, many 2020 Democratic presidential candidates are campaigning on broad marijuana reform proposals.

The DNC chair made his attempted hemp quip during a press availability in Milwaukee, where he is meeting donors and coordinating preparation for next year’s Democratic National Convention.

Senate Schedules Second Cannabis Hearing For Next Week

Photo courtesy of Flickr/Gage Skidmore.

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.
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