Republicans might have held on to a majority in the House in last month’s midterm elections if they’d passed a bill to end federal marijuana prohibition, according to one GOP member of Congress.
In a phone interview with Marijuana Moment this week, Rep. Thomas Massie (R-KY) said failing to vote on cannabis reform “was a huge missed opportunity for Republicans” and that states’ rights-focused marijuana legislation would’ve passed in the 115th Congress if GOP leaders hadn’t been so adamant about blocking such legislation from even being considered.
He also talked about hemp legalization and legislation he plans to introduce in the next Congress that would allow cannabis consumers to legally purchase firearms, something that is currently prohibited under federal law—even for medical marijuana patients in legalized states.
This interview has been lightly edited for length and clarity.
Marijuana Moment: Let’s start with your proposed legislation. For someone who isn’t familiar with the application process to buy a firearm, what’s the concern about the question asking applicants whether they use marijuana?
Thomas Massie: Contrary to some notions out there, almost everybody goes through a background check, and everybody who buys a firearm from a licensed [Federal Firearms License holder] has to fill out a form 4473. Well, the 4473 has a series of questions on it—it’s a series of questions where you basically self-report as to your eligibility to own a firearm. Form 4473 question 11e says “are you an unlawful user of or addicted to marijuana or any depressant, stimulant, narcotic drug or any other controlled substance?” Now, they added recently something else to this question, in bold. It says, “warning: the use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside.”
What they’re doing there is trying to remove any ambiguity as to whether you think you can legally purchase a firearm if you use marijuana. Basically, they’re saying, for their purposes, any user of marijuana is an unlawful user of marijuana. And so if you use marijuana and you lie on this form, you’ve committed a crime. You’re lying to the federal government. And then if you complete the purchase—if your background check goes through and you buy a gun—you’ve committed another crime because you’re among the category of ineligible people.
MM: And you think we should do away with that question. Why?
TM: I think we’ve created millions of felons with this question. You can’t imagine that everybody in Colorado, who under Colorado state law is legally using marijuana, has never purchased a firearm. That would be completely illogical. Or vice versa. And by the way, whether you purchased it or whether it was a birthday gift, it doesn’t matter. Whether you fill out a form 4473 or not, it doesn’t matter. You’re still committing a crime by possessing a firearm or ammunition in your house if you use marijuana.
[The legislation] will take the question off the form, but my bill goes deeper than that. It makes it legal for marijuana users to also be gun owners, is what my bill does. So the question is, when people hear about the bill, “well, if you just take it off the form aren’t they still going to be criminals because you haven’t changed the underlying statute, which prevents a marijuana users from owning a gun?” But what my bill would do is fix the underlying statute. And I want to remind people that this is a problem for not just recreational users of marijuana, but medical marijuana recipients, according to the federal government, are felons if they possess a firearm. This is something that needs to be fixed.
MM: What turned you on to this issue?
TM: I’m always looking for issues that might be trans-partisan. In other words, I joke that I don’t identify with either party some days, so that makes me trans-partisan. Not always bipartisan but trans-partisan. I don’t love both parties, I just can’t identify with either. So this to me, I thought this is an interesting issue. Would Democrats be willing to join me in this effort?
MM: Have you found a Democratic co-sponsor for the bill since you tweeted about it in October?
I’ve drafted, but haven’t yet introduced, a bill to remove the marijuana question from ATF form 4473 — the question that requires anyone who uses marijuana (crime) to lie (crime) in order to purchase a gun (crime) from a gun dealer. Any Democrats who would support such a bill? https://t.co/5cAmsTPLoX
— Thomas Massie (@RepThomasMassie) October 20, 2018
TM: I haven’t aggressively sought one, but when I sent the balloon up in October, I didn’t get any Democrat offices saying they want to jump on this bill. By the way, it might also be hard for some Republicans to get on this bill. I’m not convinced Jeff Sessions would be a fan of this bill.
MM: Any lawmakers you think might be inclined to join you?
TM: You know, we’re so close to the end of Congress that I have decided not to introduce it this Congress, but I will be looking for a co-sponsor next Congress, and I wouldn’t want to drop any names.
MM: The National Rifle Association (NRA) hasn’t weighed in on this particular issue. What do you make of that?
TM: I don’t know. The NRA gave me a ‘B’ not an ‘A’ because I got sideways with them when they supported a bill that I didn’t think followed due process, and so I came out against the bill called Fix NICS Act and they did robocalls against me in my district. The NRA has actually spent more money against me than they have for me. They sponsored my first opponent and then recently they ran robocalls against me. They’re not my gold standard for civil liberties, so I’m not really concerned with what they think.
MM: Shifting gears a bit, do you feel that outgoing Rep. Pete Sessions (R-TX), who consistently blocked votes on cannabis reform legislation as House Rules chair, has been on the wrong side of history?
TM: He’s the chairman of a committee that’s called the Speaker’s committee. The Rules committee is called the Speaker’s committee. He is not chairman there, he doesn’t get a chance to exercise—frankly, he can exercise his opinion, but when it comes to actual votes or activity in the committee, he has to do what the Speaker of the House wants him to do. So I wouldn’t say he’s on the right side or the wrong side, I would say he’s on the speaker’s side, and the speaker is on the wrong side.
MM: Are you hopeful that marijuana reform will be accomplished in the next Congress?
TM: I think it was a huge missed opportunity for Republicans. I think if we had passed a bill that left this issue up to the states, I think we might still be in the majority. There are, believe it or not, there are one-issue voters out there and this is their issue for some of those voters. For some of them, it’s a secondary or tertiary issue. But it still affects which party they decide to vote for. I’ve polled constituents in my district—it’s a very conservative district—and whether or not they’re for outright legalization of marijuana, 75 percent of Republicans and 75 percent of Democrats in my congressional district are in favor of leaving it up to the states. That’s the legislation we should’ve put on the floor. Frankly, it would’ve passed if it had gone on the floor, and we might still be in the majority. I think there could be movement in the next Congress on this issue.
MM: Can I get your reaction to the Senate passage of the Farm Bill as it concerns Senate Majority Leader Mitch McConnell’s provision to legalize hemp?
TM: Well, let’s go back to Pete Sessions then. There were three hemp amendments in the House offered for the Farm Bill from three Kentucky legislators. All of them were disallowed because a message had been sent from the Senate that this was not going to be happening in the House—that somebody wanted to make it happen in the Senate and we weren’t allowed to do it in the House. Now of course it’ll be in the conference committee, but… You probably don’t have time to put all that backstory in and I’m probably better off not telling you it, but anyways, I support the hemp provisions in the Farm Bill 100 percent.
MM: How are you planning to vote when it comes to House floor?
TM: I’ll be a “no.”
MM: Presumably not because of anything hemp-related.
TM: No, no. I support the hemp provision 100 percent.
Photo courtesy of Gage Skidmore.
Governor Signs Bill Legalizing Medical Marijuana In The U.S. Virgin Islands
Medical cannabis was legalized in another U.S. territory on Saturday after the governor of the U.S. Virgin Islands signed a long-awaited bill into law.
“I have approved the Virgin Islands Medicinal Cannabis Care Act because it is a step in the right direction toward assisting Virgin Islanders suffering from autoimmune and other debilitating medical conditions,” newly sworn-in Gov. Albert Bryan Jr. (D) said in a press release.
The Virgin Islands Medical Cannabis Patient Care Act allows qualified patients to obtain, possess and consume marijuana for therapeutic purposes. It also establishes legal dispensaries and facilities to cultivate, test and manufacture cannabis products.
“After such a prolonged beating, I don’t know how to feel, except relieved for the people who will finally have access to healthy, effective, and affordable medicinal cannabis,” Senator Terrence ‘Positive’ Nelson, who for several legislative sessions in a row has sponsored medical cannabis bills that were ultimately defeated, said in a text message to Marijuana Moment.
“I feel redeemed and excited that the effort went from ‘laughable’ to law!”
Patients suffering from a list of serious medical conditions including cancer, HIV/AIDS, Parkinson’s disease and chronic pain will be able to receive a recommendation for medical marijuana from a licensed medical practitioner. Qualifying residents can possess up to four ounces of cannabis at a time and possession for non-residents will be capped at three ounces.
The legislation was approved by lawmakers last month.
In an interview with The St. Thomas Source last year, Bryan said he supports legalizing medical cannabis “based on the proven health benefits in the relief of pain and treatment of symptoms for many serious ailments including cancer.”
“I believe a properly regulated medicinal cannabis industry can provide relief to those seeking alternatives to conventional medicine and can also be an economic driver attracting new revenues for the Virgin Islands,” he said.
Revenue from the territory’s medical cannabis program will be used to fund drug rehabilitation, tourism projects, agriculture investments, work training and infrastructure.
While reform efforts in mainland U.S. have been receiving significant attention, advocates are also scoring wins in various U.S. territories. For example, the Commonwealth of the Northern Mariana Islands fully legalized cannabis last year, before even implementing a medical cannabis system.
“This legislation also gives effect to a Virgin Islands community-wide Referendum held in 2014 that approved the introduction of the medical-use sale of cannabis products by a majority of the voters,” Bryan said. “Since the Referendum, it is clear that marijuana-use policy in the United States has been changing rapidly in favor of medicinal and recreational use and will continue, even potentially on the federal level.”
The governor also suggested that the new medical cannabis policy may be tweaked going forward.
“The Legislature recognized that the Bill, as passed, is not perfect and needs more refinement and amendment and provides for an implementation period that we must aggressively pursue,” he said. It is part of the process of implementation of the regulatory and operational system. And therefore it will be essential that further revisions be developed, with professional guidance, in the implementation process, including preparation of Regulations, forms, fees, and procedures; and to undertake necessary amendments to the Bill with the Legislature.”
Nelson, the bill’s sponsor, said that he is looking forward to staying involved in the medical cannabis implementation process but that he is also ready to begin pushing for broader marijuana policy reforms.
“I am ready to assist with the establishment of rules and regulations which will be the next step,” Nelson said. “However, each jurisdiction cannot be satisfied with our own success in getting local law changed, but must continue the charge until there are changes to federal government law.”
“This is just another small victory on the rugged road to full legalization.”
Read the full text of the Virgin Islands Medical Cannabis Patient Care Act below:
USVI medical marijuana bill by on Scribd
UPDATE: A previous version of this story reported that the legislation was signed on Thursday as told to Marijuana Moment by the bill’s sponsor, Sen. Nelson. The governor signed the bill on Saturday.
Photo element courtesy of Wikimedia.
Marijuana Descheduling Could Be ‘Next Step’ In Congressional Criminal Justice Reform
Lawmakers in Congress are already weighing additional criminal justice bills as a follow up to recently passed sentencing reform legislation.
Reps. Hakeem Jeffries (D-NY) and Douglas Collins (R-GA), who championed the successful First Step Act signed into law by President Trump last month, are now considering introducing a bill that would clear the criminal records of people with nonviolent drug convictions that occurred before Congress reduced minimum sentencing requirements, The Washington Post reported on Thursday.
The legislation, which Collins is tentatively describing as the “Next Step Act,” is still in the early stages of being negotiated and drafted, would also restore people’s ability to get certain jobs after serving their sentences.
Jeffries, the fifth top ranking Democratic in the House, says that provisions removing marijuana from the Controlled Substances Act should be on the table for inclusion in the bill, and he is holding open the possibility that the minority party will get on board with the idea.
“Descheduling marijuana at the federal level shouldn’t actually be that controversial, and it’s consistent with Republican principles of states’ rights and federalism,” he told the Post.
Jeffries previously described cannabis decriminalization as the natural “next step” in criminal justice reform after the First Step Act passed.
Thanks to @RepDougCollins @RepRichmond, the administration and a strong left-right coalition (the unusual suspects), historic criminal justice reform legislation is now law. Next step, Congress should DECRIMINALIZE MARIJUANA #FirstStepAct #EndMassIncarceration pic.twitter.com/PpJ1uku53C
— Hakeem Jeffries (@RepJeffries) December 21, 2018
“It’s great to see a member of this stature among House Democrats make this commitment,” Queen Adesuyi, policy coordinator with Drug Policy Alliance, told Marijuana Moment. “Jeffries is a long champion of marijuana reform and really gets how we cannot have a full conversation about criminal justice reform and economic justice without a conversation about ending marijuana prohibition in a way that centers those most harmed by its enforcement.”
“I’m excited to see what his office will do as they lead on these efforts.”
But while descheduling stands a good chance of passing in the Democratic-led House, it’s not certain that Jeffries’s GOP counterpart would attach his name to a criminal justice reform bill that includes significant cannabis policy changes. Collins would be “unlikely to support such a move,” the Post reported, citing a staffer.
And the prospects of passage in the Republican-controlled Senate are even more dubious.
Still, Jeffries is optimistic that lawmakers of all stripes could get behind descheduling.
“There’s a growing number of conservatives, libertarians and Republicans who are in agreement with Democrats, who believe that we should at least take a hard look at descheduling marijuana,” he said.
Descheduling would be one way to address conflicting federal and state marijuana policies—something that attorney general nominee William Barr said was necessary as more states legalize cannabis during a confirmation hearing this week.
As it stands, marijuana is a Schedule I drug under the Controlled Substances Act, the most restrictive category. In the past, there have been efforts to reschedule cannabis in order to make it easier for researchers to access and study, but those efforts have so far stalled.
Photo courtesy of Carlos Gracia.
First Senate Marijuana Bill Of 2019 Would Force Study On Medical Cannabis For Veterans
The first Senate marijuana bill of the new Congress focuses on increasing research on the medical benefits of cannabis for military veterans.
The legislation, introduced by Sens. Jon Tester (D-MT) and Dan Sullivan (R-AK) on Thursday, would direct the U.S. Department of Veteran Affairs (VA) to conduct clinical trials on the effectiveness of medical marijuana in the treatment of conditions common among military veterans.
While the new bill has the same title as a proposal the bipartisan duo filed during the last Congress, its language—which is not yet online but was obtained by Marijuana Moment—much more forcefully directs VA to begin researching medical cannabis than the earlier legislation did.
Whereas last year’s version simply said that the department “may conduct and support research relating to the efficacy and safety of forms of cannabis,” nothing in current federal law actually prevents it from doing so.
This latest version stipulates that the VA, which has been reluctant to engage in marijuana studies, “shall” begin conducting clinical trials on cannabis.
“The VA needs to listen to the growing number of veterans who have already found success in medicinal cannabis in easing their pain and other symptoms,” Tester, the ranking member on the Senate Veterans’ Affairs Committee, said in a press release. “Our bill will make sure the VA takes proactive steps to explore medicinal cannabis as a safe and effective alternative to opioids for veterans suffering from injuries or illness received in the line of duty.”
The proposed double-blind randomized controlled clinical trials are meant to cover the potential therapeutic applications of marijuana for post-traumatic stress disorder and chronic pain.
In particular, the department would have to study areas such as medical marijuana’s effect on opioid, benzodiazepine and alcohol consumption, as well as inflammation, sleep quality, spasticity, agitation, quality of life, mood, anxiety, social functioning, suicidal ideation and frequency of nightmares or night terrors.
Marijuana reform advocates praised the new legislation’s more forceful language as compared to the prior bill.
“The more assertive language is great improvement to this commonsense research bill that could ultimately help veterans with debilitating conditions,” Michael Liszewski, principal of The Enact Group, a lobbying and consulting firm that focuses on cannabis issues, told Marijuana Moment.
“The Department of Veterans Affairs already has the ability to conduct this research and the previous language would have let the Department continue to drag its heels,” he said. “It’s sort of like the difference between a parent telling their child ‘maybe you should clean up your room’ versus ‘you will clean up your room, now.'”
Sullivan said that he’s heard from many veteran constituents who are interested in finding an alternative to prescription painkillers for their pain.
“Many of our nation’s veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy,” he said in a press release.
During the last Congress, the Senate version of the legislation garnered six cosponsors, while 55 representatives ultimately signed onto the House version. The bill became the first standalone piece of marijuana legislation to clear a congressional panel when the House Veterans’ Affairs Committee approved it in May.
Nonetheless, VA leadership remained reluctant about engaging in marijuana research.
“VA is committed to researching and developing effective ways to help Veterans cope with post-traumatic stress disorder and chronic pain conditions,” VA Secretary David Shulkin wrote in a letter to lawmakers last year. “However, federal law restricts VA’s ability to conduct research involving medical marijuana, or to refer veterans to such projects.”
That isn’t true.
Meanwhile, top officials in the Trump administration have talked about pressuring the VA to conduct studies on medical marijuana for veterans, emails revealed, but they expressed concerns about how the Justice Department would react.
Read the full text of the new Senate veterans medical cannabis bill below:
Senate Veterans Medical Mar… by on Scribd