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House Votes To Protect State Marijuana Laws From Federal Interference

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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.

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.

“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.

California Asks Federal Court To Block DEA Subpoena For Marijuana Business Info

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Business

New House Bills Would Make Cannabis Businesses Eligible For Federal Small-Business Aid

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Lawmakers in the U.S. House of Representatives have introduced three new bills to make state-legal marijuana businesses eligible for federal small business services, including loans, disaster relief and grant programs.

The package of legislation is aimed at establishing parity for cannabis businesses, which are currently prohibited from receiving federal aid due to marijuana still being classified as a Schedule I controlled substance. The country’s legal cannabis industry nevertheless now supports nearly 320,000 full-time jobs in the U.S., according to industry estimates.

The measures are largely similar to legislation introduced by the lawmakers in 2019, with some small changes.

One bill, sponsored by House Small Business Committee Chairwoman Nydia Velázquez (D-NY), would allow marijuana businesses to access resources from the federal Small Business Administration (SBA). The Ensuring Safe Capital Access for All Small Businesses Act of 2021, which had not been assigned a bill number as of Tuesday afternoon, would expand access to services such as microloans, disaster assistance and the agency’s loan guaranty program.

“With more and more states pursuing legalization, including my home state of New York, there are a growing number of legitimate small businesses that are excluded from critical SBA programs,” Velázquez said in a statement, noting that much of the cannabis industry consists of small businesses.

Compared to Velázquez’s 2019 bill, the new version adds clauses meant to expand the availability of services. While the 2019 bill applied to SBA itself, provisions in the new legislation also prevent SBA intermediaries, private lenders and state and local development companies from declining to work with businesses simply because of their marijuana-related work.

Another new section deals with debentures—certain unsecured loan certificates—and clarifies that SBA may not decline to purchase or guarantee a debenture just because of a business’s involvement in cannabis. Nor can other small business investment companies decline to provide assistance to the cannabis sector.

“This legislation will spark growth by extending affordable capital to small firms in the cannabis space,” she continued. “Simultaneously, the bill acknowledges the structural disadvantages facing entrepreneurs of color and seeks to level the playing field.”

Another newly refiled measure, H.R. 2649, sponsored by Rep. Dwight Evans (D-PA), would establish a U.S. Small Business Administration (SBA) grant program to provide funding to state and local governments to help them navigate the licensing process for cannabis businesses. The bill, which also removes marijuana from the Controlled Substances Act, specifies that the grant money should be used to benefit communities disproportionately impacted by the drug war.

“My bill would act as a poverty-buster and help homegrown small businesses, which are the backbone of our economy and our neighborhoods. We need to make sure that the booming legal cannabis industry does not become consolidated in the hands of a few big companies,” Evans said.


Marijuana Moment is already tracking more than 1,000 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.

A third bill, H.R. 2649, from Rep. Jared Golden (D-ME), would prohibit SBA partners that provide guidance and training services from denying help to businesses solely because of involvement in cannabis. The changes would affect providers such as SBA’s Small Business Development Centers, Women’s Business Centers and the Veterans Business Outreach Centers, among others.

“Our continued economic recovery depends on the health of American small businesses of all kinds. Especially in this environment, no Maine small business owner should be turned away from crucial SBA programs that could help them create jobs and lift up the economy,” said Rep. Golden. “My bill would help address this problem by providing small business owners directly or indirectly associated with the cannabis industry with access to the services and resources they need to get their small businesses off the ground and grow.”

Meanwhile, federal lawmakers have been making headway on other cannabis-related proposals. The House passed a cannabis banking bill on Monday, and broader legislation to legalize cannabis at the federal level is expected to be introduced soon.

The banking legislation would ensure that financial institutions can take on cannabis business clients without facing federal penalties. Fear of sanctions has kept many banks and credit unions from working with the industry, forcing marijuana firms to operate on a cash basis that makes them targets of crime and creates complications for financial regulators. The full House passed the bill on a 321–101 vote.

“Even if you are opposed to the legalization of cannabis, you should support this bill,” sponsor Rep. Ed Perlmutter (D-CO) said on the House floor. “The fact is that people in states and localities across the country are voting to approve some level of cannabis use, and we need these cannabis businesses and employees to have access to checking accounts, payroll accounts, lines of credit, credit cards and more.

Other Democrats, including Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are working on legislation that would end federal cannabis prohibition completely.

Schumer said last week that the long-awaited proposal would be introduced “shortly” and placed on the floor “soon.” Schumer has so far declined to discuss the bill’s specifics, though he’s stressed that it will prioritize small businesses and people most historically impacted by the drug war.

In an interview with Marijuana Moment this week, Schumer worried that passage of the House banking bill could actually undermine broader congressional cannabis reform this year.

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his own legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the House in a landmark vote last year but did not advance in GOP-controlled the Senate.

Meanwhile, support for legalization among U.S. voters continues to grow. More than 9 in 10 Americans (91 percent) now support legalizing cannabis for either medical or adult use, according to a Pew Research Center poll released on Friday. Sixty percent of respondents said that cannabis should be legal for both medical and adult use. Thirty-one percent said it should be legalized for therapeutic purposes only, while just eight percent said it should continue to be criminalized across the board.

A majority of those in every age, race and political demographic included in the poll said they feel marijuana should be legal in some form, although many Republicans remain wary of adult-use legalization. Seventy-two percent of Democrats favored both medical and adult-use legalization compared to only 47 percent of Republicans.

Among the minority in opposition to federal legalization: President Joe Biden (D). White House Press Secretary Jen Psaki said last month that the president’s position on the issue “has not changed,” meaning he still opposes the reform. on Tuesday, Psaki refused to say whether Biden would sign or veto a cannabis legalization bill if passed by Congress.

The president instead backs modestly rescheduling the plant, decriminalizing possession, legalizing medical cannabis, expunging prior marijuana records and letting states set their own policies.

Read the full text of the new legislation below:

Ensuring Safe Capital Access for All Small Businesses Act of 2021 by Marijuana Moment on Scribd

Ensuring Access to Counseli… by Marijuana Moment

Homegrown Act by Marijuana Moment on Scribd

Schumer Worries Senate Marijuana Banking Vote Could Undermine Broader Legalization Push

 

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Politics

Biden Won’t Commit To Sign Marijuana Bill If Passed By Congress, Press Secretary Says

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White House Press Secretary Jen Psaki on Tuesday declined to say whether President Joe Biden would sign or veto a bill to federally legalize marijuana if it arrives on his desk, noting that his cannabis policy position is at odds with broader proposals that congressional Democratic leaders are working on.

She was also asked about his stance on marijuana banking reform, the disconnect between public opinion favoring legalization and the president’s opposition and whether Biden plans to revisit clemency applications for those facing federal sentences over cannabis.

The noncommittal response to the legalization question comes on the unofficial cannabis holiday 4/20—a day that has seen a wide range of politicians, including Senate Majority Leader Chuck Schumer (D-NY), voice support for comprehensive marijuana reform.

Psaki was pressed on the Senate leader’s remarks and asked whether Biden would support legislation to end federal cannabis prohibition if Congress approved it.

“The president supports leaving decisions regarding legalization for recreational use up to the states, rescheduling cannabis as a Schedule II drug so researchers can study its positive and negative impacts and, at the federal level, he supports decriminalizing marijuana use and automatically expunging any prior criminal records,” she said. “He also supports legalizing medicinal marijuana so that’s his point of view on the issue.”

Biden’s positions to that end are well known, but an outstanding question has been whether his opposition to adult-use legalization is so strong that he would reject a reform proposal such as those currently being drafted in the House and Senate.

Asked directly what action the president would take if a federal legalization bill was sent to his desk, Psaki signaled that he wouldn’t be inclined to sign it, stating “I just have outlined what his position is, which isn’t the same as what the House and Senate have proposed, but they have not yet passed a bill.”

The reporter followed up to ask about a separate cannabis pledge Biden made as a presidential candidate, when he said people incarcerated in federal prisons over non-violent marijuana offenses should be released.

Psaki said that would be addressed if cannabis was rescheduled to Schedule II—a dubious claim given that there are still serious penalties for offenses involving substances in that category as well. She also didn’t provide any insight into whether the president is proactively pushing for the modest scheduling change.

Later in the briefing, the press secretary was asked where Biden stands on legislation to protect banks that service state-legal marijuana businesses from being penalized by federal regulators. The House approved the Secure and Fair Enforcement (SAFE) Banking Act along bipartisan lines on Monday.

She said it was a “good question,” but she wasn’t sure and told the reporter she would follow up with a response later.

When pushed on Biden’s opposition to the legalization in the face of mounting, majority support among Americans, Psaki said that while he’s in favor of decriminalization and legalizing medical marijuana, he wants more research on the “positive and negative effects” of adult-use legalization.

“He’ll look at the research once that’s concluded,” she said. “Of course we understand the movement that’s happening toward it. I’m speaking for what his position is and what long, consistently has been his position. He wants to decriminalize, but again, he’ll look at the research of the positive and negative impacts.”

The press conference ended with a final question about cannabis policy—specifically whether the Biden administration plans to revisit requests for clemency for federal cannabis convictions. The reporter cited the case of Luke Scarmazzo, who was sentenced to 22 years in federal prison for operating a state-legal medical cannabis business in California, as an example.

“Given, as you’ve noted in the briefing, the president’s support for decriminalization, support for expunging exactly these types of offenses, are there any plans to revisit some of those bids for clemency?” the reporter asked.

“Well, I would just take it as an opportunity to reiterate that the president supports legalizing medicinal marijuana,” Psaki said. “It sounds like this would have been applicable in this case, and of course decriminalizing marijuana use and automatically expunging any prior criminal records. In terms of individual cases, I can’t get ahead of those obviously.”

These question come, of course, on 4/20. But they also come at a time when there’s a concerted push in both chambers of Congress to seize the opportunity they have with Democratic control to pass legalization legislation.

Schumer, Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) have been working on a bill on their side. The majority leader told Marijuana Moment on Monday that he’s working to push the president in a pro-legalization direction as they draft the measure.

Schumer said last week that the legislation will be introduced and placed on the floor “soon.”

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.

Schumer Worries Senate Marijuana Banking Vote Could Undermine Broader Legalization Push

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Culture

How Politicians Are Celebrating The Marijuana Holiday 4/20 This Year

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The country has come a long way since the days of politicians dismissing or shying away from marijuana issues. And a good example of that shift is the ever-growing number of lawmakers who are leaning into the cannabis holiday 4/20 with calls for reform.

For example, to kick of Tuesday’s Senate session, Majority Leader Chuck Schumer (D-NY) spoke on the floor about the need to end federal marijuana prohibition, saying that “hopefully the next time this unofficial holiday 4/20 rolls around, our country will have made progress.”

Then there are the tweets—so many tweets—from state and congressional lawmakers, office seekers and regulators marking the occasion. It’s become a theme each year, and as more states pursue legalization, it seems more elected officials have grown comfortable embracing the holiday in their own ways.

Here’s what politicians are saying about cannabis this 4/20: 

Members of Congress

Congressional candidates

State officials and parties

Local officials

Former federal officials

International lawmakers

Meanwhile, dozens of brands and organizations are also celebrating 4/20 with a variety of promotions, events and calls to action.

Schumer Worries Senate Marijuana Banking Vote Could Undermine Broader Legalization Push

Photo courtesy of Brian Shamblen.

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