A bipartisan bill designed to stimulate research into marijuana was reintroduced on Wednesday—with changes that could significantly increase its chances of passage in the 116th Congress.
The Medical Cannabis Research Act, sponsored by Rep. Matt Gaetz (R-FL), wouldn’t change the federal legal status of cannabis, but it would require the Justice Department to approve additional manufacturers of research-grade marijuana, protect research institutions interested in conducting studies on cannabis and authorize the U.S. Department of Veterans Affairs to inform patients about federally approved cannabis studies that they can participate in.
While the legislation was approved by a voice vote in the Republican-controlled House Judiciary Committee when it was introduced last year, several Democratic members of Congress and drug reform advocacy organizations voiced opposition to language in the bill that would have barred people with “a felony or drug-related misdemeanor” from manufacturing marijuana for research purposes.
Rep. Jerry Nadler (D-NY), now the chair of the committee in the new Democratic Congress, voted against the bill last year, saying the legislation at the time “unfortunately and unjustly expands the collateral consequences of criminal convictions.”
But that language was stripped from the new version. Instead, only individuals with “violent felonies” on their record would be excluded from participating.
“This bipartisan legislation will make a tremendous difference to researchers nationwide, who may finally be able to develop cures for illnesses that affect many of America’s most vulnerable populations,” Gaetz said in a press release. “I fully believe that this bill has a chance to pass this Congress and be signed into law by the President, who expressed his support for medical cannabis during his campaign.”
For too long, Congress has faced a dilemma w/ cannabis-related legislation: we cannot reform cannabis law without research—but we cannot perform this critical research without first reforming cannabis law. My legislation, the Medical Cannabis Research Act, helps break that logjam
— Rep. Matt Gaetz (@RepMattGaetz) January 16, 2019
So far, four cosponsors have signed their names onto the bill: Reps. Darren Soto (D-FL), Ken Buck (R-CO), Jimmy Panetta (D-CA), and Diana DeGette (D-CO). The prior version of the legislation ultimately garnered 44 cosponsors during the last Congress.
The bill initially came about after then-Attorney General Jeff Sessions blocked the Drug Enforcement Administration (DEA) from making good on its promise to approve additional marijuana manufacturers for research purposes. Since his departure, the DEA has reiterated that it’s actively reviewing manufacturer applications.
The Gaetz bill, if enacted, would force the attorney general to begin issuing new licenses on a set timetable.
The Medical Cannabis Research Act, which I introduced today, will make a tremendous difference to researchers nationwide, who may finally be able to develop cures for illnesses that affect many of America’s most vulnerable populations—veterans, the chronically ill, & the elderly.
— Rep. Matt Gaetz (@RepMattGaetz) January 16, 2019
Queen Adesuyi, policy coordinator at the Drug Policy Alliance’s Office of National Affairs, told Marijuana Moment that the organization is “pleased that Rep Gaetz has revised his bill to remove the provisions that prohibited personnel with convictions for a felony or drug-related misdemeanor from working on marijuana research.”
However, the group takes issue even with the scaled-down ban on people with violent felony convictions from working on cannabis research.
“There is no sound reason to include such language in a marijuana research bill, and such bans only serve to exacerbate racial disparities that permeate our criminal justice system,” Adesuyi said. “That said, we have received a commitment from the Gaetz office that eliminating the ban completely is a change they support and would be happy to make.”
Other changes to the bill include 1) increasing the required number of additional marijuana manufacturers from three to four, 2) extending the application deadline for Justice Department approval for manufacturing licenses “until enactment of this Act” and 3) eliminating a requirement for a “letter of reference affirming the manufacturer’s good standing” from state health care and law enforcement authorities.
Drug policy reform groups had also objected to the language in the previous bill regarding that last point because police groups often oppose marijuana law reform.
“The goal with these changes is to increase the number and diversity of federal manufacturers of cannabis for research purposes, ensure fair treatment of employees and to increase the applicant pool to ensure robust competition and high-quality applicants,” Gaetz’s legislative director wrote in a Dear Colleague letter seeking cosponsors for the bill.
The Congressional Budget Office said that the previous version of the legislation would have a “negligible” effect on federal spending.
Read the full text below:
Medical Cannabis Research Act by on Scribd
Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording
President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.
“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of YouTube/White House.
Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote
Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.
The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.
“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.
Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”
The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.
“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.
The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.
Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.
The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.
The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.
Manley said in the news conference that he would continue to review the resolution, as well as police policies.
But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans
Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).
During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.
“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”
“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”
Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.
He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.
That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.
At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”
“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.
Photo element courtesy of Gage Skidmore.