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House Includes Marijuana Protections For States, Banks And Universities In Funding Bills

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As Congress prepares large-scale legislation to fund federal agencies for the next year, marijuana reform seems to be making progress. House versions of spending bills unveiled this week include provisions to protect medical legalization laws from federal interference, ease marijuana businesses’ access to basic banking services, expand cannabis research, oversee the country’s fledgling hemp and CBD industries and finally grant Washington, D.C. the ability to legalize recreational sales.

The specific provisions are still subject to change over the course of the legislative process, but as introduced in subcommittees this week, they signal a meaningful shift by lawmakers: Key cannabis provisions, once relegated to a convoluted amendment process, have been included in the base versions of the new bills. Some activists see the change as a sign that marijuana is no longer an afterthought in Congress.

“More and more, cannabis provisions are becoming a normal staple of federal appropriations packages,” Justin Strekal, political director for NORML, told Marijuana Moment on Tuesday. “This bodes well for our opportunity to receive a vote on standalone marijuana legislation in the near future.”

Cannabis Banking

Among the most notable inclusions in the new spending bills for Fiscal Year 2021 is a provision that would remove some roadblocks to banking and financial services for state-legal cannabis businesses. Cannabis firms have been pushing lawmakers to allow such access for years. The House has passed standalone banking legislation, later inserted into a recent coronavirus bill and approved again, but so far the matter has stalled in the Senate and is yet to become law.

The new spending rider suggests House lawmakers aren’t giving up. As introduced, the spending bill introduced Tuesday to fund fiscal and general government matters restricts Department of Treasury funds from being used “to penalize a financial institution solely because the institution provides financial services to an entity that is a manufacturer, a producer, or a person that participates in any business or organized activity that involves handling hemp, hemp-derived cannabidiol products, other hemp-derived cannabinoid products, marijuana, marijuana products, or marijuana proceeds” that is legal under state or tribal law.

Marijuana businesses and some public safety officials have complained that lack of banking services for the cannabis industry leaves businesses vulnerable to robbery and other property crimes. All-cash transactions can make it easier for businesses to engage in unsavory practices, such as money laundering, tax evasion and bribery.

The spending bill’s banking provision, a similar version of which was also included in last year’s House appropriations proposal, is a watered-down form of a standalone banking measure the industry has lobbied hard for. That bill, the Secure And Fair Enforcement (SAFE) Banking Act, would add robust legal protections for cannabis financial services, while the appropriations rider simply says the Treasury Department would be unable to punish banks themselves for working with state-legal firms. The Justice Department could still prosecute both banks and businesses under the measure, for example.

Protecting State Medical Marijuana Laws

A separate spending bill introduced this week, which funds the Department of Justice, would extend legal protections granted to states with medical marijuana programs. The provision, once known as the Rohrabacher–Farr amendment after its longtime sponsors, prevents the Justice Department from using federal funds to interfere with legal medical cannabis laws. For years, the measure was one of the few legal protections for medical marijuana states and their patients.

Though the language has been part of federal law since 2014, supporters have traditionally had to fight for its inclusion as an amendment to the spending bill. This is only the second year the measure has been adopted as part of the base bill itself upon initial introduction, which advocates see as an indication the policy is here to stay.

The measure applies only to state medical cannabis programs, however, and doesn’t to broader recreational marijuana laws despite attempts in past years to expand the policy. In 2019, the House approved a floor amendment that would have broadened the protection to adult-use cannabis programs but the Senate did not follow suit and the expanded rider didn’t make it into the final legislation signed by the president, nor did another House-passed provision covering legalization laws enacted by Indian tribes.

Cannabis Research

Another provision in the new spending bills would protect public colleges and universities that conduct research on marijuana. A provision in House the spending bill that covers the Departments of Labor, Health and Human Services and Education would prevent schools from losing funding simply for researching the plant or its applications.

No monies could be “withheld from an institution of higher education solely because that institution is conducting or preparing to conduct research on marihuana,” it says.

Advocates hailed the measure as a common-sense reform to expand researchers’ understanding of marijuana.

“The time for willful ignorance is over,” said Strekal of NORML. “The enactment of this language would provide more certainty and legitimacy to the emerging educational efforts regarding cannabis and its properties. For too long, the federal government has deliberately prevented America’s brightest minds from conducting even basic research.”

Bipartisan House members, led by Reps. Joe Neguse (D-CO) and Kelly Armstrong (R-ND), tried and failed to include similar protections in last year’s spending bill. Despite scholarly interest in studying cannabis and other drugs, they said, the threat of losing funding presented “an undue hurdle for many academic institutions.”

No Legalization Advocacy

Schools receiving federal funds would be prevented from actually advocating for legalization, however, under another provision of the Labor-HHS-Education bill, which also extends an existing 1990s-era provision barring the use of funds “for any activity that promotes the legalization of any drug or other substance included in schedule I” of the Controlled Substances Act. Marijuana and most medically promising psychedelics are classified as Schedule I substances.

Rep. Alexandria Ocasio-Cortez (D-NY) called last year for that obstacle to be removed, ostensibly to make it easier to study psychedelic drugs, but her amendment to accomplish it was soundly defeated by House colleagues in a floor vote.

Letting D.C. Legalize Marijuana Sales

The Financial Services and General Government spending bill, which also covers matters relating to the District of Columbia, would finally remove a budget rider that for years has prevented Washington, D.C., from legalizing recreational marijuana sales.. The District legalized low-level marijuana possession and home cultivation under a voter initiative in 2014, but Congress through a budget rider has prevented D.C. Mayor Muriel Bowser (D) and local leaders from legalizing and regulating commercial sales.

Removal of the restrictive provision, as proposed in the House legislation, would mean D.C. leaders could finally act on Bower’s plan to allow marijuana sales. The mayor filed a bill to legalize sales in 2019, but that legislation has stalled due to the congressional interference.

The House also removed the rider in the 2020 spending bill but the Senate included it and that chamber’s version won out in negotiations on the final package sent to the president.

Hemp and CBD Regulation

The new Justice Department spending bill also includes another longstanding rider meant to protect state hemp research programs established under the 2014 Farm Bill, which launched research and commercial ventures in a number of states.

Congress has since more broadly legalized the regulated production of the crop, and nearly every U.S. state has established its own hemp program. Another House spending bill introduced this week, which funds the Department of Agriculture, sets aside $16.5 million to oversee those programs.

The bill funding the Department of Agriculture, Rural Development and the Food and Drug Administration (FDA) contains “funding to develop a framework for regulating CBD products.” FDA’s slow movement toward creating a process to allow hemp-derived cannabidiol as a food product or nutritional supplement has frustrated lawmakers and industry advocates alike.

Military Veterans

Another new spending bill covering the Department of Veterans Affairs (VA) doesn’t contain any cannabis language as introduced, but advocates may try again to attach language allowing VA doctors to recommend medical marijuana to military veterans in states where it is legal. Both the House and Senate have passed differing versions of that provisions in the past, but none have ever been enacted into law.

Next Steps

None of the proposals included in this week’s bills are final. The appropriations process, one of the most crucial tasks undertaken by Congress every year, is a complicated tangle of bureaucratic procedure. The bills introduced this week are still being considered by House subcommittees and may still change significantly as they get worked through the full Appropriations Committee and make their way to the House floor.

And even if cannabis provisions do get a nod from the full Democratic-controlled House, the Republican-run Senate will also have to approve them or agree to let House language advance in subsequent bicameral conference committee negotiations. Disagreements could mean provisions are added, removed or otherwise changed on their path to becoming law on the president’s desk.

Whatever happens in the final bills, it’s clear that marijuana is having a moment. Advocates for decades have struggled even to get an audience in Congress. Now, with every passing year, lawmakers appear more and more willing to listen.

DC Activists Submit Signatures To Put Psychedelics Decriminalization On November Ballot

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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.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

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Sixth Minnesota House Committee Approves Marijuana Legalization Bill On Its Path To The Floor

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A bill to legalize marijuana in Minnesota is going through a thorough vetting process, with a sixth House committee on Wednesday giving the reform proposal a green light following a hearing.

House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the measure in February. It would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.

Days after a separate panel approved the legislation with amendments, the House Judiciary Finance and Civil Law Committee passed it in a 9-7 vote.

“The purpose of House File 600 is to eliminate the harm that cannabis has in our society,” Winkler said of the bill at the hearing. “The primary harm that cannabis poses in Minnesota is the prohibition and criminal enforcement of cannabis.”

“The goal of House File 600 is to shift in a legal marketplace that is policed and over-policed disproportionately and instead to create a policy of repair, an opportunity for those most adversely affected by the war on drugs,” he said.

The House Environment and Natural Resources Finance and Policy Committee was the last body to approve the bill, on Monday, and members there adopted a number of changes to the proposal. For example, it now stipulates that members of a cannabis advisory council established under the bill could not serve as lobbyists while on the panel and for two years after they end their service.

Before that hearing, the House Agriculture Finance and Policy Committee, the Workforce and Business Development Finance and Policy Committee, the Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and the Commerce Finance and Policy Committee each advanced the measure.

Its next stop is the State Government Finance and Elections Committee.

Winkler recently said that he expects the legislation to go through any remaining panels by the end of April, with a floor vote anticipated in May.


Marijuana Moment is already tracking more than 900 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.

Still, even if the legislation does make it all the way through the House, it’s expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have signaled that they’re more interested in revising the state’s existing medical cannabis program than enacting legalization of adult use.

After the New York legislature approved a recreational cannabis legalization bill—which the governor promptly signed into law—Winkler said that Minnesota is “falling behind a national movement towards progress.”

“MN has some of the worst criminal justice disparities in the country, and legalizing cannabis & expunging convictions is a first step towards fixing that,” he tweeted.

The majority leader’s bill as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the legislation, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.

Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.

The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.

People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.

Cannabis retails sales would launch on December 31, 2022.

Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen.

The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

Alabama Medical Marijuana Bill Moves Closer To Floor Vote With House Committee Action

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Alabama Medical Marijuana Bill Moves Closer To Floor Vote With House Committee Action

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An Alabama House committee on Wednesday amended a medical marijuana legalization bill that already passed the Senate. Members also took public testimony in advance of an expected Thursday vote to send the revised legislation to the House floor.

This hearing of the House Health Committee comes one week after a separate panel in the body amended and cleared the bill.

Sponsored by Sen. Tim Melson (R), the legislation would allow people with qualifying conditions to access cannabis for therapeutic purposes. The full Senate approved the bill last month.

“I just want to take [cannabis] to the patients that need it. I want to see people get relief,” the senator said at the meeting. He also made the case that allowing legal access can mitigate opioid overdose deaths.

Melson is the same lawmaker who sponsored similar legislation that was approved by the full Senate last year but which later died without any House votes amid the coronavirus pandemic.

This latest proposal would establish an Alabama Medical Cannabis Commission to implement regulations and oversee licensing.

To qualify for the program, patients would have to be diagnosed with one of about 20 conditions, including anxiety, sleep disorders, post-traumatic stress disorder and intractable pain. Regulators would not be able to independently add additional conditions, leaving that decision up to lawmakers.

The House Judiciary Committee approved 10 amendments to the legislation during last week’s hearing. For example, members agreed to scrap provisions providing reciprocity for out-of-state patients and reducing the percentage of marijuana tax revenue that would go to cannabis research from 30 to 15 percent.

Those amendments were integrated into a new substitute version of the bill adopted by the Health panel, with additional revisions such as removing anxiety and adding depression and Parkinson’s disease as qualifying conditions for medical cannabis. The committee voted to accept the substitute version for consideration before going into testimony.

Time was evenly divided between supporters and opponents. By and large, the conversation revolved around personal anecdotes about the medical benefits and risks of marijuana.

More amendments were added following the testimony. One change would add an annual registration fee for physicians who recommend cannabis. Another would give the state attorney general’s office access to a patient registry database.


Marijuana Moment is already tracking more than 900 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.

Members further approved an amendment to remove fibromyalgia and menopause from the list of qualifying conditions and another to expand the number of institutions that are eligible for grants to research marijuana. A revision to develop a uniform flavor for all cannabis products was also accepted.

Additionally, an amendment was approved to require dispensaries to have 24-hour security cameras operating in their facilities. These changes are all being added to a new substitute that the panel will take up and vote on Thursday.

Because the proposal has been amended, it would go back to the Senate for final consideration if it’s passed in the House before being sent to the governor’s desk.

Advocates say they’re encouraged that medical cannabis reform is advancing in Alabama, but they’ve raised concerns about a number of aspects of the bill.

One problematic provision, advocates say, is that patients with chronic or intractable pain could only be recommended medical marijuana in cases where “conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective.”

The bill also prohibits raw cannabis, smoking, vaping and candy or baked good products. Patients would instead be allowed to purchase capsules, lozenges, oils, suppositories and topical patches.

Patients would be allowed to purchase and possess up to “70 daily dosages of medical cannabis.” Under an amendment approved on the Senate floor, the maximum daily dose was reduced from 75 to 50 milligrams. However, the amendment’s sponsor said it could be increased to 75 milligrams in some circumstances.

The revision also calls for a label on marijuana products to indicate that cannabis can cause drowsiness.

It also calls for a nine percent gross proceeds tax on medical marijuana sales.

Patients, caregivers and and medical cannabis businesses would receive legal protections under the proposal, preventing them from being penalized for activities authorized by the state.

For physicians to be able to recommend cannabis to patients, they would have to complete a four-hour continuing education course and pass an exam. The course would cost upwards of $500 and doctors would also be required to take refresher classes every two years.

Under the bill, regulators would be tasked with developing restrictions on advertising and setting quality control standards. Seed-to-sale tracking and laboratory testing would be mandated.

Other changes approved in the Senate would add language to stipulate that gelatinous cannabis products cannot be sugar coated and insert provisions promoting good manufacturing practices and tamper-evident packaging.

Applications for cannabis business licenses would have to be accepted starting September 1, 2022 and then proceeded within 60 days.

The commission would be required to approve at least four cultivators, up to four processors, up to four dispensaries for the first year of implementation (more could be approved after that point depending on demand) and as many as five vertically integrated operators.

This bill’s reintroduction has been greatly anticipated by advocates. The Senate approved a separate medical cannabis bill in 2019, but the House later severely compromised it. The legislation as enacted would not have legalized patient access; rather, it set up a study commission to explore the issue and make recommendations.

The commission came back with its report in December 2019, with members recommending that medical marijuana be legalized.

There could be additional pressure on the legislature to enact legalization given that voters in neighboring Mississippi approved a medical cannabis reform initiative during the November election.

Separately, the Alabama Senate Judiciary Committee approved a bill last month to decriminalize possession of up to two ounces of cannabis, making it punishable by a $250 fine without the threat of jail time.

Majority Of Connecticut Residents Back Marijuana Legalization And Expungements, Poll Finds As Reform Bills Advance

Photo courtesy of Philip Steffan.

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Former Gov. Rick Perry Urges Texas Lawmakers To Pass Psychedelics Study Bill

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“All of that properly done in the right type of clinical setting will save a multitude of lives,” Perry said. “I’m convinced of it. I have seen it enough of these young men.”

By Patrick Svitek, The Texas Tribune

Rick Perry, in a rare return to policy debates in Austin, is teaming up with a Democratic state lawmaker to push for psychedelic drug therapy for veterans struggling with post-traumatic stress disorder.

The former Republican governor is throwing his support behind a bill by state Rep. Alex Dominguez, D-Brownsville, that calls for a clinical study of psilocybin—the active ingredient in “magic mushrooms”—to treat PTSD in veterans.

“To me, this may be one of the most hopeful pieces of legislation that the members of the Legislature have the opportunity to consider this session,” Perry said in an interview Tuesday.

Some studies have suggested that psilocybin could be safe and effective in treating mental health disorders like depression, while calling for larger studies with more thorough methods.

Perry said he has “historically been a very anti-drug person” and still firmly opposes legalization for recreational uses. However, he said he has seen through his longtime advocacy for veterans how psychedelic drugs can provide relief to former service members who have exhausted other options — and are traveling to other countries, like Mexico, to receive treatment.

“All of that properly done in the right type of clinical setting will save a multitude of lives,” Perry said. “I’m convinced of it. I have seen it enough of these young men.”

Perry is set to join Dominguez for a news conference on his proposal Wednesday morning at the state Capitol. The news conference will also be attended by veterans that Perry has gotten close to over the years, including retired Navy SEAL Morgan Luttrell and Dakota Meyer, a Marine veteran and Medal of Honor recipient.

Dominguez’s House Bill 1802 would direct the Health and Human Services Commission to conduct the clinical study of psilocybin in partnership with a health sciences university and a Veterans Affairs hospital. The proposal would also ask HHSC to do a literature review—a survey of prior studies—of using not just psilocybin but also MDMA and ketamine to treat PTSD in veterans.

HHSC would have to submit quarterly progress reports on its study, and it would have a deadline of Dec. 1, 2024, to deliver final findings to the the so-called “Big Three”—the governor, lieutenant governor and House speaker—as well as members in both chambers.

The bill was referred to the House Public Health Committee last month but has not received a hearing yet.

Texas has largely avoided loosening its drug laws in recent years as a growing number of states have legalized marijuana for recreational use. The state has legalized marijuana with limited levels of THC—the psychoactive ingredient in marijuana that makes people feel high—for people with certain debilitating illnesses, but eligibility is limited and relatively few people have signed up.

Noting the influence that the Big Three could have if they get behind a proposal, Perry said he’s talked with the offices of Gov. Greg Abbott and Lt. Gov. Dan Patrick and that the speaker’s office has been briefed on it. He added that he is hoping that Republicans can “get comfortable [that], ‘Hey, this is not some recreational drug thing,'” but a life-changing treatment for veterans when handled carefully.

Dominguez said in an interview that he has found that colleagues on both sides of the aisle are “very supportive” of studying the issue.

“I think in general we’re supportive of veterans issues and certainly there’s maybe a generational discussion to be had… But I found most members want to hear the science,” Dominguez said, emphasizing the study would go through a “controlled process” and that there would be “a number of safeguards in place to make sure that nobody abuses this and we learn the efficacy.”

The lawmaker said his interest in the issue comes from his time as a prosecutor in Cameron County, which set up a veterans treatment court in 2014.

Perry has largely stayed out of state legislative matters since leaving office in 2015, unsuccessfully running for president in 2016 and then joining former President Donald Trump’s Cabinet as energy secretary. He stepped down as energy secretary in late 2019.

But Perry is not unfamiliar with the Legislature, though, and particularly the House. He served there from 1985 to 1991—first as a Democrat and then as a Republican.

This article originally appeared in The Texas Tribune.

With State Law Against Drug Possession Overturned, Washington Governor Frees 15 People From Prison

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