A Republican U.S. senator from Arkansas thinks that states like his own should be able to implement medical marijuana laws, but he’s not in favor of changing federal policy so that they can actually do so without Justice Department interference.
“I think right now what we’re seeing across the states is exactly what our federalist system is designed to do, to allow the states to experiment and see what may work and what doesn’t work,” Sen. Tom Cotton said.
But he added, “I don’t think we should, in Congress, change the laws that would essentially not just decriminalize or even legalize marijuana but allow it to be commercialized because of all of the negative side effects that would have.”
Under current federal law, marijuana is illegal whether or not a state allows it in some form. The only thing preventing the Department of Justice from arresting and prosecuting patients and providers is a temporary rider in funding legislation that must be renewed annually.
Arkansas voters approved a medical cannabis ballot measure in 2016 that is still in the process of being implemented. It allows commercial sales of marijuana to qualified patients through dispensaries.
Cotton said he doesn’t think the federal government will try to prevent implementation of local medical cannabis policies like the one in his state.
“I don’t anticipate the Department of Justice will take steps to interfere with states like Arkansas that have taken the somewhat modest, restrained step of adopting a medical marijuana program that is going to be very tightly regulated,” he said.
But U.S. Attorney General Jeff Sessions moved in January to rescind Obama-era guidance that has allowed states to enact their own marijuana laws without federal interference, and he asked congressional leaders not to extend the budget rider that protects local medical cannabis policies.
Cotton, in a Sunday appearance on Talk Business & Politics, was responding to a question about two new studies last week that showed states with legal marijuana access see reduced opioid prescriptions.
He also said that while he “respect that decision that the voters of Arkansas have made” to allow medical cannabis, he has deep reservations about broader recreational legalization.
“It’s a state decision, which is the decision that the people of Arkansas made in a referendum a couple of years ago, but also there’s a real difference between saying an adult who is addicted to opioids or maybe has advanced cancer and wants to use marijuana for pain management. That’s a very different decision from saying we’re going to commercialize marijuana and make it easily available to teenagers where the science shows it can have very detrimental effects on that. I do worry about that impact on our communities.”
“Now for those states that legalized and commercialized marijuana, I can’t speak to what will happen in those states. I think that would be an unwise step to take for Arkansas’s kids and families and communities,” he said.
Photo courtesy of Michael Vadon.
Hemp Legalization Is Officially Headed to President Trump’s Desk For Signature
The 2018 Farm Bill, which would legalize industrial hemp, is officially headed to President Donald Trump’s desk. The House passed the legislation on Wednesday, one day after the Senate approved it.
It’s been decades since the ban on hemp was imposed—a byproduct of the federal government’s war on marijuana and other drugs. The ban, it seems, will be lifted in a matter of days.
The House passed the bill, 369-47.
The votes come after months of debate over other aspects of the wide-ranging agriculture bill. But the hemp legalization provision, shepherded by Senate Majority Leader Mitch McConnell (R-KY), has received bipartisan support at every step of the legislative process.
Hemp legalization made it through a conference committee where the Senate and House Agriculture Committees reconciled their respective versions of the bill. McConnell marked the occasion this week by signing the conference report with a hemp pen, which he said on Wednesday that the president was free to use to sign the bill into law.
The hemp provision would allow U.S. farmers to grow, process and sell the crop. The Justice Department would no longer have jurisdiction over hemp under the legislation; rather, the U.S. Department of Agriculture would lightly regulate it.
One element of the hemp language created tension between lawmakers and advocates. The original Senate-passed bill prohibited people with felony drug convictions from participating in the hemp industry, but a compromise was reached last week that limited that ban in the final version to 10 years after the last offense.
House Democrats in the Agriculture Committee listed hemp legalization as one of several reasons they were calling for a “yes” vote on the legislation.
The farm bill conference report legalizes industrial hemp. pic.twitter.com/2u5xxtKwaS
— House Agriculture Committee Democrats (@HouseAgDems) December 12, 2018
According to VoteHemp, if the president signs the bill before the year’s end, it will take effect on January 1, 2019.
Marijuana Industry Border Issues Would Be Solved Under New Congressional Bill
Marijuana can really mess up border and immigration issues for people who partake in consumption or participate in the industry, but that would change if a new bill being introduced in Congress this week is enacted.
Under current U.S. laws, people who admit to past cannabis use or who work for or invest in marijuana businesses can be barred from visiting the country under certain circumstances. And marijuana consumption, even if it is legal under state law, can lead to an immigrant being deported.
The new legislation, the Maintaining Appropriate Protections For Legal Entry Act, would provide exceptions for conduct that “was lawful in the State, Indian Tribe, or foreign country in which the conduct occurred” or that was “subsequently made lawful under the law or regulation of such jurisdiction,” according to a draft obtained by Marijuana Moment.
The bill, known as the MAPLE Act for short—surely a nod to the leaf on Canada’s flag—is being filed on Wednesday by Rep. Earl Blumenauer (D-OR).
U.S. border policies on entry by marijuana industry participants were slightly loosened just ahead of the launch of Canada’s legal marijuana market in October to clarify that people working for cannabis businesses are generally admissible to the U.S., with the caveat that “if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.”
And that’s a key exception. Several Canadians traveling to a cannabis industry conference in Las Vegas last month were detained for hours, with one investor being given a lifetime ban from visiting the U.S.
While there is almost certainly not enough time for Blumenauer’s proposal to be considered and voted on by the end of the year, its language could easily be adopted into new legislation after the 116th Congress is seated in January.
In October, the congressman laid out a plan for a step-by-step approach to federally legalizing marijuana in 2019 in a memo to fellow House Democrats.
Marijuana Moment supporters on Patreon can read the full text of the new MAPLE Act below:
Chicago Mayor Wants Legal Marijuana Revenue To Fund Pensions
Tax revenue from legal marijuana sales should be earmarked to fund pension programs, the mayor of Chicago said on Wednesday.
“Illinois legislators will be taking a serious look next year at legalizing recreational marijuana,” Mayor Rahm Emanuel (D) said in a speech to the City Council. “Should they follow that course, a portion of that revenue could go toward strengthening our pension funds and securing the retirement of the workers who depend on them.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Daniel X. O’Neil.