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Here’s Where The Next House Speaker Stands On Marijuana

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The midterms are over, but Democrats in the House have already found themselves locked in another contentious race that could ultimately have big implications for marijuana legislation in the 116th Congress.

Will Rep. Nancy Pelosi (D-CA) reclaim her seat as speaker of the House? Or will a coalition of frustrated lawmakers usher in a new leader like Rep. Marcia Fudge (D-OH), who has all but confirmed her intent to run for the position?

What’s known at this point is that at least 17 Democratic lawmakers have signed a letter opposing Pelosi’s bid, and a handful of others have made public statements affirming that they plan to vote against Pelosi when the new Congress is seated on January 3.

Here’s a look at where Pelosi and Fudge fall on marijuana issues:

Looking at voting records, Pelosi cosponsored a number of marijuana bills in the 1990s and early 2000s—including several to protect states that legalized medical cannabis from federal interference—but she hasn’t signed her name onto a single piece of standalone marijuana legislation over the past 17 years.

Although Pelosi started cosponsoring fewer bills in general after being named House speaker in 2007 and in her post-speakership years, she’s still put her name on dozens of pieces of legislation during that time—though none are related to marijuana.

Fudge, meanwhile, has been ramping up her bill cosponsorships when it comes to cannabis reform. Over the past two years, the former chair of the Congressional Black Caucus (CBC) signed on to a bill that would end federal marijuana prohibition and a resolution acknowledging the failures of the war on drugs, for example. Prior to the current Congress, though, she hadn’t signed onto any cannabis bills since first joining the House in 2008.

Aside from the issue of proactive bill sponsorship, both Pelosi and Fudge have consistently voted in favor of floor amendments to protect legal medical and adult-use marijuana states, allow Department of Veterans Affairs doctors to recommend cannabis to patients, allow industrial hemp and expand access to banking institutions for marijuana businesses.

Both congresswomen have received “B” grades from NORML.

“Looking at the conversation of Democratic leadership right now and how the speaker vote is set to go, I would suspect that Pelosi is going to be elected to be the speaker for the 116th Congress,” NORML political director Justin Strekal told Marijuana Moment.

“Nancy Pelosi has demonstrated herself to be a very effective leader of the Democratic Caucus and was instrumental in ensuring a favorable vote outcome for the first time that the [Rep. Dana Rohrabacher (R-CA)] language was passed on the House floor in order to restrict the Department of Justice’s ability to enforce federal prohibition against the states that have legalized medical marijuana programs. Her operation has been engaged with—and in regular talks with—our champions of the Cannabis Caucus and members who are supportive, and we have every indication that we will have her full support in moving legislation forward that would end federal prohibition.”

Where the two Democratic lawmakers seem to diverge is in public statements about cannabis reform. For example, Pelosi has talked about marijuana (and yoga) as a safer alternative to opioids and she pushed back against former Attorney General Jeff Sessions’s decision to rescind an Obama-era marijuana guidance policy.

“Congress must now take action to ensure that state law is respected, and that Americans who legally use marijuana are not subject to federal prosecution,” she said in a press release earlier this year. “Democrats will continue to insist on bipartisan provisions in appropriations bills that protect Americans lawfully using medical marijuana. Congress should now consider expanding the provisions to cover those states that have decriminalized marijuana generally.”

Pelosi also endorsed California’s successful adult-use legalization ballot measure in 2016.

“Pelosi has been a solid ally on drug policy reform,” Michael Collins, interim director for the office of national affairs at the Drug Policy Alliance, told Marijuana Moment. “She has voted for many marijuana reform amendments, been a tough negotiator on numerous appropriations issues, has fought against regressive drug sentencing proposals like [Stop the Importation and Trafficking of Synthetic Analogues Act].”

“Crucially, her staff have always been available, willing and ready to advance drug policy reform,” he said.

Fudge, meanwhile, has been relatively quiet on the issue in spite of her recent support for reform legislation. And she doesn’t seem to have weighed in on Ohio’s unsuccessful 2015 legalization ballot measure.

For all of Pelosi’s talk and votes on cannabis reform, though, she was noncommittal when asked in September whether she planned to bring marijuana bills to the floor in 2019 if Democrats retook the House.

“Well, the marijuana initiatives have received bipartisan support on the floor of the House,” Pelosi said. “I don’t know where the president is on any of this. So any decision about how we go forward would have to reflect where we can get the result.”

Fudge also hasn’t indicated that she’d pursue a marijuana reform agenda if selected to be speaker. Instead, she told HuffPost reporter Matt Fuller that she’d make issues like health care, student debt, infrastructure and job creation top priorities for Democrats.

Other potential House speaker contenders on cannabis.

Another Ohio Democrat, Rep. Tim Ryan, is reported to be floating another run for the speakership after losing to Pelosi for Democratic leader in 2016. Ryan said that he was initially reluctant to get behind marijuana legalization but, after witnessing the harms of prohibition, he wrote that cannabis “should be legal in all 50 states.

The current chair of the CBC, Rep. Cedric Richmond (D-LA), is another potential contender for the position. Under Richmond’s leadership, the CBC has called for the end of federal marijuana prohibition and released a bill in May that outlined several wide-ranging reform proposals such as removing cannabis from the list of federally banned substances.

Rep. Hakeem Jeffries (D-NY) is reported to be laying the groundwork for a future House speaker run, starting with a bid to become the next House Democratic Caucus chair, Politico reports. He’s a strong proponent of marijuana decriminalization. “The connected and powerful—including many in high political office—have frequently admitted to smoking marijuana when they were young,” Jeffries wrote in a 2012 editorial for CNN. “We didn’t unmercifully penalize them. We should stop needlessly criminalizing tens of thousands of our young people for doing the same thing.”

Then, of course, there’s Rep. Barbara Lee (D-CA), one of the most vocal advocates for cannabis reform on Capitol Hill for years. She’s also currently running to become the next House Democratic Caucus chair, though a sizable following of supporters are pushing her to compete against Pelosi in the speaker race. This year, Lee has introduced legislation to protect legal marijuana states and also promote diversity in the burgeoning cannabis industry.

Marijuana Won The Midterm Elections

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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Senate Marijuana Hearing Highlights How Schedule I Status Blocks Research

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A major focus of a U.S. Senate Caucus on International Narcotics Control hearing on the health impacts of marijuana turned out to be how cannabis’s current federal classification makes it harder for researchers to shed light on those effects.

The Wednesday event—titled “Marijuana and America’s Health: Questions and Issues for Policy Makers”—featured testimony from Surgeon General Jerome Adams and National Institute On Drug Abuse Director Nora Volkow.

Panel co-chair Sen. Dianne Feinstein (D-CA) has long opposed broad marijuana reform but acknowledged in her opening remarks that the substance is “much more complex than I thought” and revealed that she has personally witnessed the medical benefits of cannabis for people dealing with chemotherapy.

“I know that for a fact from family issues,” she said.

And while she expressed serious concerns during the hearing about marijuana’s potentially harmful effects, particularly on young people, she also said that the drug’s current restrictive status under the Controlled Substances Act impedes scientific studies.

“Much of what we know about marijuana is anecdotal,” she said, which is “problematic for us in terms of making policy.”

“That’s due in part to the fact that marijuana’s status as a Schedule I drug makes it difficult to research,” the senator added, pointing to legislation she has filed that would lift some barriers to investigations. “It’s my belief that science should inform our policy.”

Co-chair Sen. John Cornyn (R-TX) suggested that he’s open to working with across-the-aisle colleague on the legislation, but also voiced concerns about legalization.

“We lack definitive evidence on the short- and long-term health implications of marijuana use,” he said. “There seems to be a lot of folk myths and other idiosyncratic ideas that really haven’t gone through the sort of peer review that most scientific evidence has to go through in order to be accepted by policymakers.”

Watch the Senate marijuana hearing below:

Volkow laid out a number of concerns about marijuana’s impact but also testified that its Schedule I status impedes and slows down research.

“DEA registration can take, if you’re lucky, one year to obtain,” she said. “That delays the process enormously.”

She also criticized the fact that there is currently only one legal source in the U.S. for scientists to obtain cannabis to use in studies. “The process is very slow” to get marijuana from the facility, which is at the University of Mississippi.

Another problem she pointed out is that researchers cannot legally study the cannabis products that consumers in a growing number of states are actually purchasing from licensed retailers.

“We are interested in understanding what people are taking out there,” she said. “We cannot fund research that relates to products that are actually being bought through these dispensaries because it’s illegal.”

Adams, who in August issued a warning the public about marijuana use by adolescents and pregnant women, said during his testimony that legalization is a “poorly-informed national public health experiment” but agreed that “we need to make it easier to do research.”

Cornyn compared claims about cannabis’s medical benefits to decades-old ads about tobacco, saying that there are “some parallels perhaps here in the way we are wading into this debate.”

Adams agreed. “We’ve seen this play before,” he said. “Many of the indications people are using marijuana for are unproven. We are overstating the benefits and in my view we are downplaying the risks.”

In a Senate floor speech on Tuesday in which he previewed the hearing, the senator made similar remarks.

“There’s no shortage of people who claim that marijuana has endless health benefits and can help patients struggling from everything from epilepsy to anxiety to cancer treatments,” he said. “This reminds me of some of the advertising we saw from the tobacco industry years ago where they actually claimed public health benefits from smoking tobacco, which we know as a matter of fact were false and that tobacco contains nicotine, an addictive drug, and is implicated with cancers of different kinds.”

In August, Cornyn said that he wanted to hold a hearing focused on cannabis’s health effects before the Senate moves to consider a proposal to allow state-legal businesses to access banking services. A bill to do so passed the House of Representatives last month and Senate Banking Committee Chairman Mike Crapo (R-ID) says he’d like to advance similar legislation by the end of the year, though he has indicated he wants some changes to the version approved by the other chamber.

Feinstein cosponsored a bill to let states set their own cannabis laws without federal interference during the course of her reelection campaign last year, but has not yet signed onto a new version filed in the current Congress.

A second panel at the hearing featured Robert Fitzgerald of the University of California at San Diego, Staci Gruber of Harvard Medical School, Sean Hennessy of the University of Pennsylvania School of Medicine and Madeline Meier of Arizona State University.

Cornyn—who at one point revealed he has a friend who feeds his dogs CBD-infused food—said that the caucus may issue a white paper based on what was discussed at the hearing.

Sen. Jacky Rosen (D-NV) made a brief appearance and mentioned the need to improve military veterans’ access to medical cannabis.

“In too many cases they’re becoming addicted to medications prescribed to them,” she said. “They have given so much to their country.”

Federal Court Dismisses Suit Against DEA Over Marijuana Growing Applications

This story was updated to include quotes from the hearing.

Photo elements courtesy of rawpixel and Philip Steffan.

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UK Parliament Committee Endorses Decriminalizing Drugs

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A UK House of Commons panel is calling on the government to decriminalize drugs and adopt other harm reduction approaches to address a growing overdose crisis.

“We recommend a radical change in UK drugs policy from a criminal justice to a health approach. A health focused and harm reduction approach would not only benefit those who are using drugs but reduce harm to and the costs for their wider communities,” reads a report issued on Wednesday by the Health and Social Care Committee. “Decriminalisation of possession for personal use saves money from the criminal justice system that is more effectively invested in prevention and treatment.”

“Every drug death is avoidable. However, the United Kingdom, and in particular Scotland, have amongst the highest drug death rates in Europe. The evidence we have heard leads us to conclude that UK drugs policy is failing.”

The panel said that decriminalization alone “will not be effective without investing in holistic harm reduction, support and treatment services for drug addiction.” To that end, it is also voicing support for syringe exchange programs, drug checking services, naloxone, safe consumption facilities and heroin assisted treatment—components that it says “can all play an important role in preventing deaths amongst drug users as well as protecting their communities by reducing the harm from discarded syringes and drug related crime.”

The committee also wants to move responsibility for drug policy from the Home office, which handles crime, to the Department of Health and Social Care. “We strongly recommend this move,” the report says.

When it comes to the proposal to remove criminal penalties for drug possession, the committee wrote about witnessing the success of that policy in Portugal, where it was enacted in 2001.

“On our visit to Portugal we saw a system marked by a positive attitude to service users which recognised the impact that chaotic lifestyles could have on engagement with support and treatment,” the report says. “There was a striking ethos of holistic, non-judgemental treatment and access to services focused on the needs of individuals rather than the convenience of the system.”

The lawmakers said that UK-based treatment professions share “a similar ethos, but their capacity to deliver is compromised by inadequate funding and the policy framework.”

The Portuguese model, they write, has “had an impact on stigma” and has led to a “dramatic drop in drug related deaths…without significant increases in drug use.”

“All those we met in Portugal involved in this policy area were very positive about their model,” the lawmakers said. “On introduction, there had been significant opposition, but there is now political consensus and nobody would want to go back. Some of those we met were now of the view that the next step should be legalisation and regulation, to enable the generation of taxation revenue and quality control.”

“Efforts to improve the unacceptably high rates of drug-related deaths would be strengthened by explicitly reframing drug use as a health rather than a criminal justice issue.”

The panel’s report also recounts how members toured supervised drug consumption facilities in Frankfurt, Germany, and recommends that they be “piloted in areas of high need” in the UK.

“Police representatives told us that these facilities should not be viewed simply as allowing people to take illicit drugs–they are about safety, stopping drug overdoses, and very importantly, providing access to a wraparound of other services to eventually stop that person’s drug use,” they wrote. “Harm reduction approaches such as [drug consumption rooms] reduce the wider harms to local communities as well as for those using drugs.”

A government spokesperson rejected the committee’s recommendation to remove criminal penalties for low-level drug offenses, saying that it “would not eliminate the crime committed by the illicit trade, nor would it address the harms associated with drug dependence and the misery that this can cause to families and communities.”

But Dr. Sarah Wollaston MP, chair of the Health and Social Care Committee, said that “a holistic approach centered on improving the health of and reducing the harm faced by drug users, as well as increasing the treatment available, must be a priority going forward.”

“This approach would not only benefit those who are dependent on drugs but benefit their wider communities,” she said in a press release. “The Government should learn lessons from the international experience, including places like Portugal and Frankfurt. It should consult on the decriminalisation of drug possession for personal use from a criminal offence to a civil matter. Decriminalisation alone would not be sufficient. There needs to be a radical upgrade in treatment and holistic care for those who are dependent on drugs and this should begin without delay.”

James Nichols, CEO of the pro-reform Transform Drug Policy Foundation, praised the report but also suggested its recommendations didn’t go far enough in that they would leave the market unregulated by simply decriminalizing possession.

“We need to think about drugs as a health issue, not a criminal justice agenda. This isn’t simply a matter of thinking differently. It’s about creating an entirely new policy landscape. It means action, not just words,” he wrote in a blog post. “Decriminalisation is essential in moving drug policy away from the simplistic, ineffective and often prejudicial approach we have today. Ultimately, though, we need to bring the whole market under legal regulation in order to really get drugs under control and reduce the violence and exploitation that prohibition creates.”

The UK committee’s endorsement of decriminalization is just the latest sign that broad drug policy reforms beyond marijuana legalization are gaining traction around the globe.

This month, Scotland’s ruling party unanimously adopted a resolution endorsing “decriminalization of possession and consumption of controlled drugs so that health services are not prevented from giving treatment to those that need it.”

In Canada, the House of Commons Standing Committee on Health issued a report in June recommending the government “work with provinces, territories, municipalities and Indigenous communities and law enforcement agencies to decriminalize the simple possession of small quantities of illicit substances.”

In the U.S., presidential candidates such as Pete Buttigieg and Tulsi Gabbard have voiced support for drug decriminalization during the course of their campaigns for the Democratic nomination, and businessman Andrew Yang and former Rep. Beto O’Rourke (D-TX) spoke in favor of removing criminal penalties for at least opioids during a debate this month.

Denver and Oakland have enacted policies this year focused on psychedelics decriminalization.

A poll released this month found that a majority of Americans—55 percent—support decriminalizing drugs.

Last week, a top Mexican lawmaker proposed going further by legalizing the production and sales of drugs in order to undercut the violent, cartel-controlled underground market.

Vaping Injury Outbreak Hasn’t Hurt Marijuana Legalization Support, Gallup Poll Shows

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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USDA Outlines Rules For Importing Hemp Plants And Seeds From Other Countries

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The U.S. Department of Agriculture (USDA) quietly updated guidance last week to clarify that hemp seeds and plants may be imported from other countries.

As was the case under a previous announcement focused on seeds, the requirements for importing the full plant from Canada are different than for other countries. Plants from Canada are allowed if they’re “accompanied by a phytosanitary certificate from Canada’s [national plant protection organization” to verify the origin of the plant and to confirm no plant pests are detected.” For other countries, importers must fill out an additional permit application.

Companies can also import hemp seeds from Canada if they produce a “Federal Seed Analysis Certificate.”

In addition to a phytosanitary certificate, those who seek to import seeds from countries other than Canada are subject to a Custom and Border Protection inspection at the port of entry in order “ensure they meet [Animal and Plant Health Inspection Service] regulations, including certification and freedom from plant pests.”

Prior to last week, USDA had only offered guidance on the rules for importing seeds, which it released in April. Both updates are in response to the federal legalization of hemp and its derivatives under the 2018 Farm Bill.

USDA has taken an incremental approach to the implementation process for hemp since the legislation was signed into law last December. The department said in April that it’s accepting applications for intellectual property protections for seed-propagated hemp.

In August, USDA said farmers operating under the 2014 Farm Bill are eligible for federal crop insurance for the 2020 planting season. That coverage will extend to all hemp farmers after USDA releases its final regulations for the crop.

USDA Deputy Secretary Stephen Censky said on Monday that the department plans to release its interim final rule on hemp within “the next couple of weeks.”

The latest development comes after more than three months of interagency review of the regulations, which included input from the Justice Department and White House Office of Management and Budget.

Hemp Regulations Will Be Issued Within Weeks, Top USDA Official Says

Photo courtesy of Pixabay.

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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