A congressional committee voted in favor of a wide-ranging immigration bill on Wednesday, and the legislation includes marijuana-related protections for people who were brought to the U.S. as children.
Under the DREAM Act as approved, having low-level cannabis convictions, or engaging in state-legal cannabis-related activities such as working in the regulated marijuana industry, would not be counted against applications for permanent resident status for so-called Dreamers.
The House Judiciary Committee advanced the bill in a 19-10 vote, without specific discussion about the cannabis provisions.
The section concerning eligibility for permanent status stipules that having three or more misdemeanor convictions could be grounds for ineligibility—but the bill creates an exemption for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”
The text seems to indicate that immigrants who engaged in cannabis-related activities prior to a state reforming its marijuana laws would still be protected even if that activity was not state-legal at the time.
Similar language appears under a separate section about grounds for a provisional denial of an application for adjustment of status. Applicants would be exempted from such a denial if their conviction was for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”
A previous version of the legislation, filed in March, didn’t include the specific eligibility requirements related to certain criminal activity, nor did it contain any explicit marijuana protections. It’s possible that House Democrats thought up the exemptions during a brainstorming session earlier this month about potential bill revisions aimed at building more support.
The next likely stop for the DREAM Act will be the House Rules Committee before heading to a full floor vote.
There’s been growing interest in reforming marijuana policies as they apply to immigrants and visitors to the U.S.
Earlier this month, four congressional Democrats sent a letter to the head of the Justice Department and Department of Homeland Security to end the practice of rejecting naturalization applications solely because the applicant worked in a state-legal marijuana market. That came after the U.S. Citizenship and Immigration Services (USCIS) released a memo specifying that such activity could render them morally unfit for citizenship.
And last week, Rep. Earl Blumenauer (D-OR) introduced legislation aimed at resolving marijuana-related border issues, whereby visitors who admit to using cannabis or working in their country’s legal industry can be denied entrance.
Photo courtesy of Philip Steffan.
Beto O’Rourke Proposes Drug War Reparations Funded By Marijuana Taxes
Marijuana would not only be legalized under a plan proposed on Thursday by Democratic presidential candidate Beto O’Rourke, but cannabis tax revenue would be used to directly repay formerly incarcerated people through a new “Drug War Justice Grant” program.
Unlike other contenders who have come around to supporting marijuana legalization in just the past couple of years, the former Texas congressman has long called for ending prohibition—and his new plan in many respects goes further than those rolled out by other campaigns.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Support Grows For Marijuana Legalization Bill In Colombia
Colombia’s legislature will soon take up a bill to legalize and regulate the production and consumption of marijuana for adults.
The legislation, which is being filed by Sen. Gustavo Bolivar of the opposition Colombia Humana party, seeks to end prohibition as a means of curtailing crime and supporting a public health-focused approach to drug policy.
Bolivar, an author who has written several books centered on drug trafficking, has characterized the bill as being about “regularization, not legalization,” but it would provide for legal sales to adults with restrictions similar to those imposed for tobacco and alcohol. There would be penalties for selling to underage individuals and smoking wouldn’t be permitted in public spaces.
The senator pointed to Uruguay, Canada and states in the U.S. as regulatory models for legalization.
“It has been proven that crime levels are lowered and public health is improved,” he said, according to Colombia Reports.
Sen. Alberto Castilla Salazar of the leftist Polo Democrático party said that his coalition supports the reform measure.
Colombia debe superar el prohibicionismo y romper los vínculos de los grupos ilegales con el control del Cannabis, para que sea el Estado quien regule, defina las formas y entienda el consumo como problema de salud pública. Como @PoloDemocratico respaldamos está iniciativa. pic.twitter.com/YBDHqojENJ
— Alberto Castilla Salazar (@CastillaSenador) September 17, 2019
“Colombia must overcome prohibitionism and break the ties of illegal groups with the control of cannabis, so that it is the State that regulates, defines the forms and understands consumption as a public health problem,” he said on Tuesday.
Sen. Julián Gallo Cubillos of the FARC party said his coalition supports the legislation and that it represents “a new way to fight the scourge of drug trafficking.”
— Senado Colombia (@SenadoGovCo) September 18, 2019
The proposal has also garnered the support of former President Juan Manuel Santos, who has been an outspoken advocate for ending the war on drugs. His Liberal party could make or break the legislation depending on where members fall.
While left and center-left lawmakers seem largely united around legalizing marijuana, the issue will likely face resistance from President Ivan Duque, who last year signed a decree banning low-level possession of cannabis and cocaine despite court rulings that such activity is permissible.
As Colombia Reports noted, however, Duque’s far-right Democratic Center party is in the minority.
“We’ll have to see how many senators are left to former president Juan Manuel Santos and see how public opinion receives the idea that marijuana can be consumed in public spaces,” Sen. Paloma Valencia, a member of the president’s party, said.
If the country does opt to pursue a regulated cannabis program, it will join Mexico, where lawmakers are readying legislation to legalize marijuana for adult use following a Supreme Court ruling establishing that a ban on possession and cultivation for personal use is unconstitutional.
Photo courtesy of Brian Shamblen.
Marijuana Offenses Would No Longer Get Immigrants Deported Under New Congressional Bill
The fourth highest-ranking Democrat in the House introduced a bill on Wednesday designed to protect immigrants from being deported or denied entry into the U.S. over low-level marijuana offenses.
Assistant Speaker Ben Ray Luján (D-NM) filed the Removing Marijuana from Deportable Offenses Act, which stipulates that “any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.”
It would further allow immigrants who’ve been denied a visa or deported due to cannabis offenses to reapply or have their visa reissued.
In a press release, Luján said that the legislation is necessary in order to combat what he described as the “despicable” weaponization of marijuana against immigrant communities by the Trump administration. According to Human Rights Watch, 34,000 immigrants were deported from 2007 to 2012 for cannabis possession.
Minor marijuana use should not be grounds for deportation – it’s a wasteful use of resources and separates families. It's time to end these injustices. pic.twitter.com/G6y6EzbA1z
— Ben Ray Luján (@repbenraylujan) September 18, 2019
“The federal government should not be wasting resources to wreak havoc on immigrant families when there are children held in border camps that are desperate for legal services, hygiene products, and basic humanitarian care,” he said. “Providing care for these children and families should be where the Trump administration devotes its funding – not working as a deportation force.”
“I’m proud to be fighting for this legislation to hold President Trump accountable and defend our immigrant communities from senseless and hateful policies,” he said.
The legislation is identical to a companion bill that Sen. Cory Booker (D-NJ) introduced in June.
“This Administration’s efforts to use marijuana possession as a tool for deportation is misguided and does not make our communities safer,” Booker said. “Limited law enforcement resources should not be wasted on deporting people for something two of the last three presidents have admitted to doing.”
Earlier this year, U.S. Citizenship and Immigration Services issued a memo stating that immigrants are ineligible for citizenship if they use marijuana or engage in cannabis-related activities, including employment in a state-legal cannabis business, because such activity is not consistent with “good moral character.”
So far, the House version has 21 cosponsors, including Reps. Earl Blumenauer (D-OR), Lou Correa (D-CA), Barbara Lee (D-CA), Jim McGovern (D-MA), Eric Swalwell (D-CA), Dina Titus (D-NV), Nydia Velázquez (D-NY), and Bonnie Watson Coleman (D-NJ).
Dozens of states have legalized or decriminalized marijuana use & possession, but the Trump administration is using minor marijuana use to deport immigrant families.
— Rep. Nydia Velazquez (@NydiaVelazquez) September 18, 2019
“We’re the closest that we have ever been to ending marijuana prohibition across the United States; it’s vital that individuals and communities that continue to bear the brunt of prohibition do not get left behind—that includes noncitizens,” Queen Adesuyi, policy coordinator for Drug Policy Alliance, said. “Marijuana has been one of the leading causes for deportation, destroying the lives of countless individuals and families over a substance that is now the center of an industry bringing in billions in profits.”
FWD.us President Todd Schulte called the proposal “commonsense legislation that will help keep families together and ensure taxpayer dollars aren’t wasted on cruelly deporting individuals with low-level offenses.”
Dozens of states have legalized or decriminalized marijuana use and possession, but the Trump admin. is using minor marijuana use to deport immigrant families.
— Rep. Veronica Escobar (@RepEscobar) September 18, 2019
“The status quo of marijuana criminalization is irrational and discriminatory towards tens of thousands of otherwise law-abiding aspiring Americans who pose no safety risk to the United States,” NORML Political Director Justin Strekal said. “Public opinion and policy surrounding cannabis are rapidly shifting, which is why we must ensure that those who strive to achieve the American Dream are treated with dignity.”
Also this week, Luján became of cosponsor of separate far-reaching legislation to remove marijuana from the Controlled Substances Act and divert funds toward programs to begin repairing the damage of the war on drugs.
Read the text of Luján’s marijuana and immigration bill below:
Photo courtesy of Philip Steffan.