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House Postpones Vote On Bill To Federally Legalize Marijuana Until After Election

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A bill to federally legalize marijuana will no longer receive a previously announced vote in the House of Representatives next week.

In an at least temporary blow to reform advocates, the legislation was not included in a weekly floor schedule posted by the office of Majority Leader Steny Hoyer (D-MD) on Thursday, though he made a commitment that the body would bring up the bill sometime “later this autumn,” presumably after the November elections. This comes two weeks after Hoyer initially said a vote was being planned for the week of September 21.

“The MORE Act remains a critical component of House Democrats’ plan for addressing systemic racism and advancing criminal justice reform, and we are committed to bringing it to the Floor for a vote before the end of the year,” Hoyer said. “Right now, the House is focused relentlessly on securing agreement to stave off a damaging government shutdown and continuing to do its job addressing the COVID-19 pandemic. Later this autumn, the House will pass the MORE Act with strong support as yet another crucial step toward making our justice system fair for all Americans.”

It appears that the decision was influenced by certain moderate Democrats who’ve expressed concern that voting on a cannabis reform bill while another round of coronavirus relief legislation is still unresolved would be bad optics for their reelection campaigns.

There were some signals earlier this week that leadership was on the fence about advancing the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, with Hoyer saying on Tuesday that the priorities were passing a continuing resolution and COVID-19 relief bill.

That said, a representative from his office told Marijuana Moment at the time that the schedule hadn’t yet changed.

But now it’s been confirmed: the MORE Act will not get a vote next week.

Rep. Barbara Lee (D-CA), cochair of the Congressional Cannabis Caucus, said on Wednesday that she was open to delaying the vote if it meant that more members would sign onto it, but she also told Marijuana Moment that lawmakers would be “doing everything we can over the next week to build broad coalitions of support to ensure that happens sooner rather than later.”

In a joint statement on Thursday, Lee and Rep. Earl Blumenauer, another leading marijuana reform advocate in Congress, said they “have worked to build support for this historic legislation and expected a vote next week.”

“As Americans confront hundreds of years of systemic racial injustice, ending the failed war on drugs that has disproportionately hurt Black and Brown Americans must be front and center. As co-chairs of the Congressional Cannabis Caucus, our goal has always been a vote on federal marijuana legalization and restorative justice this Congress,” they said. “Thankfully, the leadership has now given an ironclad commitment that the House will consider the bill this fall. The public deserves this vote and we will continue to build support to meet our objective of passing the MORE Act in the House and sending it to the Senate, which is one step closer to enacting it into law.”

The MORE Act would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

It would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.

Two-thirds of Americans favor legalizing marijuana, according to a Gallup poll released late last year. That includes a majority of Republicans (51 percent) and a supermajority of Democrats (76 percent).

Despite the delay, which was first reported by Politico and The Hill, if and when the bill does eventually come up for a vote, it stands to have at least some bipartisan support.

Rep. Don Young (R-AK) recently said he was “confident” it would pass the chamber.

Rep. Matt Gaetz (R-FL), the sole GOP cosponsor on the bill, said earlier this month that he would be voting “yes” on the MORE Act, though he expressed criticism about a provision that would impose a federal excise tax on marijuana sales to be reinvested in communities most impacted by the drug war, calling them “reparations.”

Rep. Tom McClintock (R-CA) also said “I intend to vote yes on the bill” in a recent interview with Politico. “With respect to timing, I do find it ironic that the only small businesses the Democrats seem to be worried about is cannabis shops, but I would support this bill whenever it is brought to a vote,” he said.

McClintock, along with Gaetz, voted for the MORE Act when it was marked up by the Judiciary Committee last year.

The bill stood a chance to bringing on other GOP supporters as well.

A spokesperson for Rep. Rodney Davis (R-IL) told Marijuana Moment that he “supports decriminalizing marijuana at the federal level and removing cannabis from the Controlled Substances Act” and “believes that states individually should be able to determine their own marijuana policies, not the federal government” but would “wait and see what final bill the House Democrats put on the floor and if they will attempt to amend it” before deciding whether he would vote yes.

A total of 31 Republicans House members voted in favor of a floor amendment in July that would prevent the Department of Justice from interfering with state marijuana laws.

Legalization advocates are disappointed that House leaders reneged on their previously announced plan to vote on the broader legalization bill this month.

“Though it appears to be a temporary delay, we are seriously disappointed by this news as time and time again, communities directly impacted by systemic injustices are made to wait for justice and change,” Queen Adesuyi, policy manager with the Drug Policy Alliance, told Marijuana Moment. “While Congress waits on a more ‘politically convenient’ time to pass a wildly popular, bipartisan issue, individuals and families will continue to be robbed of employment opportunities, housing, education, public benefits—even their children—due to a plant that is at the center of what is estimated to be a billion dollar industry.”

“It’s reprehensible to say the least,” she said. “We hope to see Members of Congress’ commitment to racial justice actualized through the swift passage of the MORE Act in November.”

Advocates said they maintained hope that reform will continue to have momentum at all levels of government.

“This delay by the House does not change the fact that the overwhelming majority of voters support ending the federal prohibition of cannabis, including majorities of Democrats, independents, and Republicans,” NORML Political Director Justin Strekal said. “This delay does not change the fact that 33 states and the District of Columbia regulate the production and distribution of medical cannabis in a manner that is inconsistent with federal policy, and that one-out-of-four Americans now reside in jurisdictions where adult-use is legal under state law.”

“This delay does not change the fact that voters in several states, including key electoral battleground states for both control of the presidency and the Senate, will be passing similar state-level marijuana measures on Election Day,” he added.

Meanwhile, opponents of legalization, including Rep. Andy Harris (R-MD) and the prohibitionist group Smart Approaches To Marijuana, are celebrating the development.

This vote delay is the latest disappointment that reform advocates have experienced from the Democratic party of late. They were hopeful, for example, that the party would nominate a presidential candidate who would support legalization after most primary contenders went on record in favor of the change—but nominee Joe Biden remains opposed and backs more modest proposals such as possession decriminalization and expungements.

The Democratic National Committee’s platform committee in July voted against an amendment that would’ve added legalization as a 2020 party plank—a move that some suspect was influenced by a desire not to formally endorse a policy opposed by Biden.

In light of that, some advocates are concerned that if the Democratic House doesn’t go on record by passing bold marijuana reform this year, it may be reluctant to send a would-be President Biden a legalization bill that he does not want in 2021.

This story was updated to include comments from Hoyer, Lee, Blumenauer, NORML and Drug Policy Alliance.

Marijuana Consumer Group Launches Nationwide Get-Out-The-Vote Campaign

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State And Local Marijuana Regulators Demand Congress Prioritize Federal Legalization Bill

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A coalition of state and local marijuana regulators sent a letter to House leadership on Wednesday, demanding that they prioritize a marijuana legalization bill that’s expected to get a floor vote following the election.

The letter, which is being supported by the Drug Policy Alliance (DPA), says that regulators “need comprehensive support in their individual and collective efforts to more responsibly and equitably manage challenges and develop solutions associated with cannabis and cannabis policy.”

They said the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act represents a solution, and they urged legislators to vote in favor of it when it comes up for a vote.

Enacting the reform “would ensure that the federal government is a partner to state and municipal regulators both in our collective responsibility to serve our community through the reform of failed cannabis policies and in our collective responsibility to recognize and correct injustices,” they wrote, adding that criminalization has created “widespread” harms that disproportionately impact communities of color.

“As such, our attempts to eliminate these harms must be systemic and comprehensive and will require collective leadership at every level of government and collaboration amongst both the public and private sectors in order to achieve outcomes by centering equity in cannabis policy development, reform and implementation,” they wrote.

Nine regulators from Los Angeles, Oakland, Portland, Sacramento, San Francisco, Massachusetts and Illinois signed the letter.

“For those of us who manage state and municipal cannabis policies, and for those individuals who have been and continue to be impacted by cannabis policy, the need for comprehensive federal reform is clear and urgent,” the letter states. “Existing federal prohibition policies are antithetical to our collective responsibility to promote policies that are based in science, compassion and harm reduction.”

Leadership initially signaled that a floor vote on the MORE Act would happen in September, but following pushback from certain centrist Democrats who worried about the optics of advancing marijuana reform before another coronavirus relief package, it was postponed until after the election.

Majority Leader Steny Hoyer (D-MD) subsequently made a commitment that the body would bring up the bill sometime “later this autumn.” While advocates were disappointed by the delay, they’re confident the MORE Act will clear the chamber with some bipartisan support when it’s ultimately scheduled for action.

Rep. Don Young (R-AK) said last month that he was “confident” it would pass the House.

Rep. Matt Gaetz (R-FL), the sole GOP cosponsor on the bill, also said that he would be voting “yes” on the MORE Act, though he expressed criticism about a provision that would impose a federal excise tax on marijuana sales to be reinvested in communities most impacted by the drug war, calling them “reparations.”

Rep. Tom McClintock (R-CA) said “I intend to vote yes on the bill” in an interview with Politico.

McClintock, along with Gaetz, voted for the MORE Act when it was marked up by the Judiciary Committee last year.

“These regulators know first-hand the complications of regulating a substance that remains illegal at the federal level and the harms imposed as a result on communities of color and low-income people,” Maritza Perez, director of national affairs at DPA, said in a press release. “They also understand that creating a safe and equitable industry, which the MORE Act does, provides a historic opportunity to begin repairing the extensive damage prohibition has caused over the last 50 years.”

Prior to the vote’s postponement, DPA and more than 120 other civil rights and drug policy reform groups such as the ACLU and NAACP sent a letter to House leadership emphasizing the need to pass the MORE Act to promote social justice.

Read the latest letter from the regulators on cannabis reform below:

Regulator Letter More Act by Marijuana Moment

Key New Jersey Senate Committee Holds Marijuana Legalization Hearing Ahead Of Referendum Vote

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Key New Jersey Senate Committee Cancels Marijuana Legalization Hearing On Implementing Referendum

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A New Jersey Senate committee announced on Wednesday that it would be taking public testimony on Thursday about how to implement marijuana legalization if voters approve the reform referendum next month—but the panel canceled the event later in the day.

While the legislature decided to leave adult-use legalization up to voters as a ballot measure, legislators must still develop regulations to enact the system—and the temporarily scheduled hearing appeared to be a first step in that process.

The Senate Judiciary Committee was set to “receive public testimony concerning the legislative implementation of Public Question No. 1 on the General Election ballot, which, if approved, would legalize cannabis for personal, non-medical use by adults age 21 years or older,” a notice stated. “Public Question No. 1 would also create a legalized cannabis marketplace overseen by the State’s Cannabis Regulatory Commission.”

Sen. Nicholas Scutari (D), who chairs the committee and previously introduced a legalization bill that did not advance to a floor vote, said earlier this month that he’s been working in recent weeks with the governor’s office and legislative leaders to finalize a detailed enabling bill to implement legal market regulations.

He said the measure, which could be enacted as soon as the first week of November, would look similar to a bill he previously introduced, though he wants to add a retroactive provision to end cannabis-related prosecutions for pending cases.

“This is something about social justice. This is an economic opportunity for New Jersey,” the senator said at the time. “We can be the first state in the Northeast—absent Massachusetts, but in our economic area—to move forward and I want to be a leader in this.”

The committee had invited people to submit testimony for the hearing by emailing it to [email protected].

A staffer with the Office of Legislative Services told Marijuana Moment in an email that “the public hearing scheduled for October, 22, 2020 at 9:30 am has been canceled” and said it was “unknown” if the event will be rescheduled.

In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next month.

A survey released on Tuesday found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.

The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released last week by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.

For his part, Gov. Phil Murphy (D) has been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.

For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.

The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.

“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”

Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.

He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.

The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”

NJ CAN 2020, one of two campaign committees working to pass the cannabis referendum, released a series of English- and Spanish-language video ads last week, after having published one prior ad. Meanwhile, campaign finance records compiled  show that legal marijuana supporters are out-raising opponents by a ratio of nearly 130:1.

In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.

This story was updated to reflect the hearing’s cancellation.

Virginia Bill To Ban Police Searches Based On Marijuana Smell Gets Governor-Suggested Changes

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Virginia Bill To Ban Police Searches Based On Marijuana Smell Gets Governor-Suggested Changes

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The governor of Virginia suggested changes on Wednesday to bills that would stop police from searching people or seizing property based solely on the smell of marijuana.

Thankfully for cannabis reform advocates, Gov. Ralph Northam (D) isn’t asking lawmakers to amend the marijuana odor provisions of the broader proposal to reform policies for law enforcement searches. Instead, according to a press release sent by his office, he is suggesting an unrelated change to ensure police “can initiate a traffic stop when an individual is driving at night without the use of both headlights and/or without the use of both break lights.”

The House and Senate will now consider the amendment, thought it’s not clear when they will do so. If the governor’s proposal is adopted by lawmakers without changes, the legislation will be formally enacted without needing his signature. Otherwise, it will come back to his desk for action.

Northam’s move comes one week after he signed separate legislation that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.

Together, when enacted, the two new reforms will build upon the measure to decriminalize cannabis that the governor signed earlier this year, which makes it so possession of up to one ounce of cannabis is punishable by a $25 fine with no threat of jail time and no criminal record.

Under the new search-focused legislation, if enacted, “no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding,” according to a summary.

“Eliminating non-essential interactions based on marijuana odor between law enforcement and otherwise law-abiding citizens is an important step forward for criminal justice reform in Virginia,”Jenn Michelle Pedini, NORML’s development director and the executive director of Virginia NORML, told Marijuana Moment. “However, it is only by legalizing the responsible use of cannabis by adults that the Commonwealth can end its failed experiment with prohibition and begin repairing the decades of damage done to its communities and citizens.”

The Virginia legislature has been especially active on cannabis reform this year. But that said, lawmakers have not been able to reach an agreement during the special session on legislation to provide expungements for prior marijuana convictions that had appeared destined for Northam’s desk after passing either chamber in differing forms.

Under the House-passed measure, eligible convictions would have been automatically expunged after a period of eight years. The Senate’s version, meanwhile, would have allowed people to petition to have their records cleared after a period of five years. The House bill covered more drug crimes, as well.

A conference committee of lawmakers from both chambers was appointed and tasked with ironing out the differences, but the negotiators couldn’t reach a deal by the time the special session’s agenda wrapped up last week.

During the state’s regular legislative session earlier this year, the governor and legislators also expanded Virginia’s limited medical cannabis program in addition to enacting the decriminalization law.

All of these incremental changes come as legislators continue to pursue a broader adult-use legalization plan in the Commonwealth that would include a system of regulated and taxed sales and production.

The decriminalization bill that passed contains a provision that calls for the establishment of a working group to study and make recommendations about adult-use marijuana legalization. That panel is expected to issue its report to the legislature at the end of November.

Meanwhile, the Joint Legislative Audit and Review Committee is doing its own analysis on ending cannabis prohibition and will similarly report on its findings before the end of the year.

bill to legalize marijuana possession was filed for the special session by a delegate running to replace the term-limited Northam in 2021, but it did not advance out of the committee to which it was referred.

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