The House of Representatives on Thursday voted in favor of an amendment to protect all state, territory and tribal marijuana programs from federal interference.
The measure, which would prevent the Department of Justice from using its funds to impede the implementation of cannabis legalization laws, passed in a 254-163 vote on the floor. Earlier in the day, it had been approved in an initial voice vote.
Reps. Earl Blumenauer (D-OR), Tom McClintock (R-CA), Eleanor Holmes Norton (D-DC) and Barbara Lee (D-CA) sponsored the amendment, which builds on an existing, more limited provision to shield only state medical cannabis laws from Justice Department intervention that has been enacted through appropriations legislation each year since 2014.
The House is considering @repblumenauer Part B, amendment #87 – Prohibits the DoJ from interfering with state and tribal cannabis programs. The term “state” includes District of Columbia, Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and Puerto Rico.
— House Press Gallery (@HouseDailyPress) July 30, 2020
As a growing number of states have legalized marijuana for medical or recreational purposes, “we’ve watched across the country shifting attitudes,” Blumenauer said in the floor debate prior to the vote. “The federal government, sadly, is still trapped by the dead hand of Richard Nixon’s war on drugs, declaring cannabis a schedule I controlled substance.”
The congressman also talked about separate House-passed legislation to protect banks that service the marijuana industry and another standalone bill to federally deschedule cannabis.
“Make no mistake, that day is coming,” he said. “In the meantime, until that day of reckoning comes, we must pass this amendment to ensure the federal government does not interfere with state cannabis activities. This modest extension of existing protections, which we have achieved through the appropriations process in the past, is critically important.”
All but six Democrats participating in the vote supported the measure, while 31 Republicans cast their votes in favor.
Watch the House debate the marijuana amendment below:
Rep. Robert Aderholt (R-AL) spoke in opposition to the amendment, arguing that the health benefits of cannabis are not proven and that passing the measure would send “the false message to youth that smoking marijuana is healthy.”
“Claims of benefits from smoked or ingested marijuana are very unreliable and generally outright fabrication,” he said. “However, it is an established fact that marijuana use has real health and social harms.”
Blumenauer gave an impassioned response, underscoring the fact that marijuana is used to effectively treat conditions such as post-traumatic stress disorder in veterans, epilepsy in children and nausea for people undergoing chemotherapy.
“The existing policy of prohibition is an abject failure,” he said, adding that criminalization disproportionately impacts communities of color and has driven mass protests against police violence. “This selective enforcement of nonsensical policy has posed huge problems for black Americans.”
Later on the floor after the voice vote, Rep. Doug LaMalfa (R-CA) made a point of criticizing the cannabis amendment, using time that was designated for debate on an unrelated measure.
“This isn’t just what some might look at as a states’ rights issue. This is a problem,” he said. “We have a 50-state standard for [Food and Drug Administration] legalization of drugs and we are going to have a willy-nilly hopscotch way of doing things with every state that wants to legalize it doing their own thing.”
“What it boils down to, this is still in violation of federal law by legalizing marijuana,” he said. “We should continue to enforce it.”
The congressman also expressed concerns about potential consequences of legalization such as out-of-state trafficking of state-legal products, and he said drug cartels are moving in on public lands to cultivate illicit marijuana.
Nonetheless, his fellow representatives went on to vote overwhelmingly in support of the reform amendment.
Last year was the first time the House passed the more sweeping protections to cover state recreational marijuana laws, and members approved it along largely bipartisan lines in a 267-165 vote. At the time, the tribal cannabis program language passed as a separate amendment, whereas this year the protections have been combined into a single proposal.
The Senate didn’t include similar language in their version last year, however, and it was excluded from the final appropriations legislation that was signed by the president. The chamber has not yet started considering its appropriations bills for the 2021 fiscal year.
“For far too long, our federal cannabis policies have been rooted in our discriminatory past and have continued inflicting harm on communities of color,” Lee, one of the amendment cosponsors, said in a press release following the new vote. “As the public’s views toward cannabis have evolved, Congress has a responsibility to ensure that our policies follow suit and move toward restorative justice.”
The passage of the new amendment came days after the measure was cleared for floor action by the Rules Committee. That panel also declined to make in order two anti-cannabis amendments offered by Rep. Debbie Lesko (R-AZ) to strip federal money from states that allow sales of “kid-friendly” edible cannabis products or that don’t have THC-impaired driving education programs in place.
Glad @repblumenauer’s amendment to protect legal state run cannabis programs from federal overreach passed.
The American people largely support cannabis reforms. It’s time the federal government got with the program.
Thank you, Earl, for leading the charge for reform. pic.twitter.com/W1nCYgH3IM
— Rep. Lou Correa (@RepLouCorrea) July 31, 2020
“This is the most significant vote on marijuana policy reform that the House of Representatives has taken this year,” NORML Political Director Justin Strekal told Marijuana Moment. “The importance of this bipartisan vote cannot be overstated as today; nearly one in four Americans reside in a jurisdiction where the adult use of cannabis is legal under state statute. It is time for Congress to acknowledge this reality and retain these protections in the final spending bill.”
“The next logical step for House Leadership is to bring legislation to the floor to end prohibition and demonstrate to the American people that the era of marijuana criminalization is drawing to a close,” he said.
This latest amendment comes as sources tell Marijuana Moment that there are plans in the work to hold a floor vote on a more sweeping standalone marijuana legalization bill in September. The Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which was approved by the Judiciary Committee last year, would remove cannabis from the Controlled Substances Act and fund programs to begin repairing the harms of the war on drugs.
Several other cannabis-related measures have already been attached to this latest FY 2021 appropriations legislation that the House will vote on in the coming days. That includes the current medical cannabis protections as well as separate provisions allowing banks to service legal marijuana businesses without being penalized by the Treasury Department and protecting universities from losing funding for studying cannabis.
Notably, the funding bill also excludes language to continue a longstanding policy that has blocked Washington, D.C. from spending its own money to legalize cannabis sales.
The measure’s approval by the Democratic-controlled House comes days after the Democratic National Committee’s (DNC) platform committee defeated an amendment to include support for legalizing cannabis in the party’s 2020 platform. One of the amendment’s sponsors, Cannabis Caucus Co-chair Rep. Barbara Lee (D-CA), was among the delegates who voted against the DNC proposal.
This story has been updated to include comments from LaMalfa.
Image element courtesy of Tim Evanson.
Biden Taps Marijuana Legalization Supporter To Lead Democratic National Committee
President-elect Joe Biden’s pick to lead the Democratic National Committee (DNC) is a strong backer of marijuana legalization—the latest example of a nominee holding cannabis policy reform views that go further than the incoming president’s.
If confirmed by party leaders on Thursday, as is expected, former South Carolina Democratic Party Chair Jaime Harrison will be responsible for coordinating Democrats’ national political activities. To that end, a push from the chair to emphasize marijuana reform, which is overwhelmingly supported by Democratic voters, could be broadly influential.
Harrison made a 2020 run for a Senate seat held by outgoing Judiciary Committee Chairman Lindsey Graham (R-SC) but didn’t prevail. During his campaign, he stressed the need to legalize marijuana as a means to promote racial justice.
“I think we should legalize, regulate and tax marijuana like we do alcohol and tobacco,” he said in July. “There is simply no medical reason to lock people up over this issue. In essence, this is about common sense.”
“We know that marijuana arrests, including those for simple possession, account for a large number of drug arrests,” he said. “The racial disparities in marijuana enforcement—black men and white men smoke marijuana the same rates, but black men are much more likely to be arrested for marijuana possession—is just unacceptable.”
“Across the country, we are finding that states are legalizing marijuana and medical marijuana, and it’s just time for South Carolina to lead on this issue,” Harrison added.
He also criticized then-Attorney General Jeff Sessions after he rescinded an Obama-era Justice Department policy that provided guidance to prosecutors on federal cannabis enforcement.
So let me get this straight… the @GOP has gone after Net neutrality, student loans, DACA, CHIP, passed a stupid tax cut for the wealthy, & now are going after legalized Marijuana. To hell with a #BlueWave … the GOP is about to experience a #BlueApocalypse18 #JustPlainDumb https://t.co/YAW2oIekVn
— Jaime Harrison (@harrisonjaime) January 4, 2018
“I believe we need to regulate marijuana just like we do tobacco. I think we need to tax it and make sure that it’s safe. I just think if you look at the science right now—the criminalization—it’s been more harmful to us as a society than not,” Harrison said in another interview. “I think we will do much better to just simply regulate and tax it just like we do alcohol and tobacco. So I’ve been very plain and outspoken on that. I think we have to decriminalize it at this point in time.”
But the likely DNC chair’s support for broad cannabis reform is at odds with Biden’s position.
Despite supermajority support for the policy change among Democrats, the president-elect has maintained an opposition to legalization. Instead, he backs decriminalizing possession, legalizing medical cannabis, modest rescheduling, expunging past records and allowing states to set their own policies free of federal intervention.
If formally elected, Harrison would be replacing Tom Perez, whose views on marijuana policy are less clear. That said, the current DNC chair did reveal a cannabis blindspot in 2019 when he attempted to joke about President Trump getting high from smoking hemp (which is non-intoxicating) and suggested that it makes people dumb.
Before Perez, Rep. Debbie Wasserman Schultz (D-FL) served as DNC chair. She had long opposed cannabis reform but seems to have evolved, voting in favor of a spending bill amendment for the first time last year that called for protecting all state marijuana programs from federal intervention.
The DNC hasn’t historically warmed to marijuana reform at the pace of the party’s voters. And as recently as last year, the organization’s platform committee rejected an amendment that would have made legalization an official 2020 party plank.
Instead, the committee adopted a position calling for decriminalization, rescheduling, medical cannabis legalization, expungements and allowing state-level reform—much like Biden.
For her part, Republican National Committee Chair Ronna McDaniel, who was recently reelected for another term, said last year when asked about medical marijuana that the issue is “left up to the states and there’s going to be variances between states.”
“But that’s not something that the RNC puts forward as policy,” she said. “That’s a legislative issue.”
Meanwhile, Biden’s choice of Harrison to lead the Democrats’ political operation represents yet another pick whose position on legalization breaks with his own.
The president-elect announced earlier this month that he wants Rhode Island Gov. Gina Raimondo (D) to run the Commerce Department. The governor came out in support of legalization in 2019, and she released a budget proposal last year that called for a state-run regulatory model for cannabis.
Biden also recently selected a nominee lead the Department of Health and Human Services (HHS)—California Attorney General Xavier Becerra (D)—who is amenable to reform. And in his role, he could help facilitate federal cannabis rescheduling.
For attorney general, Biden is nominating Judge Merrick Garland, who has not been especially outspoken about his views on marijuana policy. While advocates expressed concern about his commentary in a 2012 federal appeals case on marijuana scheduling, he doesn’t appear to have been publicly hostile to a policy change.
In positive news for advocates, the president-elect is also set to nominate former prosecutor and civil rights activist Vanita Gupta as associate attorney general. She favors cannabis legalization and has strongly condemned harsh criminalization policies for non-violent drug offenses.
Local Massachusetts Lawmakers Unanimously Approve Psychedelics Decriminalization Measure
Local Massachusetts lawmakers on Thursday unanimously approved a resolution to decriminalize a wide range of psychedelics—the latest in a national movement to reform laws on entheogenic plants and fungi.
Prior passing the measure in a 9-0 vote, the Somerville City Council took testimony from two people with personal experience benefiting from the therapeutic use of psychedelics. Several members of the council also discussed the failures of the drug war and the potential medical value of entheogenic substances, particularly as it concerns mental health.
The resolution was supported by the mayor.
“By decriminalizing psychedelic plants, Massachusetts can mainstream harm-reduction strategies as therapists and health providers embrace these compounds for physical, psychological, and spiritual relief,” Decriminalize Nature, Bay Staters for Natural Medicines and the Heroic Hearts Project said in written testimony to lawmakers.
“Somerville has a chance to empower our neighbors, friends, and loved ones to seek the physical and spiritual relief they need and put public health above incarcerating people even in cases of addiction and abuse of controlled substances,” they wrote.
Quote:"no … officer or employee of the city, including without limitation, Somerville Police Department personnel, should use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults"
— JT Scott (@JTforWard2) January 15, 2021
Under the proposal, enforcement of laws against psychedelics such as psilocybin mushrooms and ayahuasca would be among the city’s lowest priorities. It also calls on the county prosecutor to cease pursing cases for persons charged with possessing or distributing entheogens.
The measure states that “the City Council hereby maintains it should be the policy of the City of Somerville that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants… shall be amongst the lowest law enforcement priority for the City of Somerville.”
It also stipulates that “no City of Somerville department, agency, board, commission, officer or employee of the city, including without limitation, Somerville Police Department personnel, should use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults.”
Thank you to my colleauges Councilor Clingan @JesseForWard4, Councilor Scott @JTforWard2, and Mayor @JoeCurtatone for filing tonight's Resolution supporting the decriminalization of enthiogenic plants, fungus, and cacti – proud to co-sponsor. pic.twitter.com/SrXkNdQNuT
— Ben Ewen-Campen (@BenForWard3) January 14, 2021
“I love living in a city where this is not controversial and you got unanimous support,” Council President Matt McLaughlin said at the close of the meeting. “Let’s end this war on drugs, and this is a good step.”
Watch the lawmakers discuss the psychedelics reform resolution, starting around 25:45 into the video below:
With Thursday’s vote, Somerville joins a growing number of cities across the U.S. that have enacted psychedelics decriminalization. Most of the reforms have advanced legislatively, though Washington, D.C. became the first jurisdiction to decriminalize via the ballot in November.
In Oregon, November’s election saw the passage of a historic initiative to legalize psilocybin mushrooms for therapeutic purposes. The governor announced in November that applications for an advisory board to oversee implementation of the program were being accepted up until January 1.
Much of this reform progress can be traced back to Denver, which became the first city in the country to decriminalize psilocybin mushrooms in May 2019. Since then, activists in more than 100 cities have expressed interest in pursuing psychedelics decriminalization.
In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution last month that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.
A California state senator plans to file a bill to decriminalize psychedelics for the 2021 session.
Meanwhile, after Ann Arbor legislators passed a decriminalization resolution in September, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”
North Dakota Lawmakers File Bill To Significantly Expand Marijuana Decriminalization Law
North Dakota lawmakers have introduced a bill to significantly expand marijuana decriminalization in the state.
The legislation, which was filed on Monday, would build on an initial cannabis decriminalization law that was enacted in 2019.
Under the current statute, possession of half an ounce or less of marijuana is an infraction punishable by a fine of up to $1,000, with no jail time. The new proposal would make possession of up to an ounce a non-criminal offense that carries a $50 fine.
Further, possession of more than one ounce and less than 250 grams would be treated as an infraction, rather than a class B misdemeanor, as it is currently classified.
Possessing more than 250 grams of marijuana would be a class B misdemeanor and possessing more than 500 grams would be a class A misdemeanor.
The bill is being sponsored by Rep. Shannon Roers Jones (R) and Sen. Scott Meyer (R) in their respective chambers. It’s been referred to the House Judiciary Committee.
Marijuana Moment is already tracking more than 250 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
“It’s encouraging to see Rep. Roers Jones and her colleagues continue the push to reduce harsh and senseless penalties for possession of small amounts of marijuana in North Dakota,” Jared Moffat, state campaigns manager at the Marijuana Policy Project, told Marijuana Moment. “Decriminalization is no substitute for legalizing and regulating marijuana for adults, as several of North Dakota’s neighbors have now done. But passage of this bill would continue the trend of progress the state has seen in recent years.”
Activists are moving forward with plans to put a cannabis legalization ballot initiative before voters in 2022.
The measure, which would allow adults 21 and older to possess and cultivate cannabis for personal use, was submitted to Secretary of State Al Jaeger on Monday. If its language is accepted, the campaign will be able to start signature gathering to qualify for the ballot.
The same team behind the new initiative came close to putting a similar measure on the state’s ballot last year, but petitioning efforts were impeded by the coronavirus pandemic.
A separate group of advocates, Legalize ND, also attempted to qualify a different legalization initiative in 2020 that would have allowed retail sales but excluded a home grow option. That organization is also considering plans for its own 2022 measure.
Previously, a 2018 legalization push that did qualify for the ballot was defeated. Voters in the state did approve a measure to legalize medical cannabis in 2016, though the law was scaled down by the legislature the following year.
While activists are skeptical that the legislature has the appetite to enact the policy change on their own, it is the case that lawmakers may feel increased pressure given that voters in neighboring South Dakota and Montana elected to legalize cannabis in November.
Read the new North Dakota marijuana decriminalization bill below: