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).
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.
With all the work Congress should be doing, taking valuable time to legalize a gateway drug to opioid use would not have been a good idea. https://t.co/doLTcmkZ5J
— Rep. Andy Harris, MD (@RepAndyHarrisMD) September 17, 2020
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.
Image element courtesy of Tim Evanson.
DEA Seeks Contractor Capable Of Burning Four Tons of Marijuana Per Day
The Drug Enforcement Administration (DEA) recently reached out for help burning “at least” 1,000 pounds of marijuana per hour for eight hours straight.
Every year, DEA seizes millions of marijuana plants and literal tons of raw cannabis, which eventually end up being destroyed. The successful contractor in Arizona would be responsible for burning marijuana and other controlled substances seized as evidence in drug cases “to a point where there are no detectable levels, as measured by standard analytical methods, of byproduct from the destruction process.”
“DEA shall inspect the incinerator to ensure no drug residue remains,” the agency said.
DEA posted the work description earlier this month in what’s called a “sources sought notice,” an initial step before a formal request for proposals is sent.
“This is not a request for proposals and does not obligate the Government to award a contract,” the post says. “The Drug Enforcement Administration (DEA) is conducting market research, and is encouraging all businesses, including small businesses, to respond to this notice.”
An accompanying statement of work gives a behind-the-scenes look at the DEA’s process of destroying seized drugs. Typical boxes weigh between 40 and 60 pounds, for example, but can weigh up to 200 pounds. Contraband might come in on “semi-trucks, tractor trailers, cargo vans, fork lifts, etc.,” the work description says.
“The drugs are usually tightly compressed ‘bricks’ or ‘bales,’” it continues, and are packaged in all sorts of materials: cardboard, wrapping paper, plastic wrap, aluminum foil, packing tape, “duct tape and derivatives,” plastic evidence bags, “grease/oil” and others. Contractors will be expected to burn that stuff, too.
To avoid potential contact highs, there must be ”proper ventilation” and “no smoke buildup” will be allowed. Other mandates include closed-circuit cameras that capture the entire process, which DEA reserves the right to access, as well as background checks and regular drug tests of all personnel.
Armed DEA agents and contractors will be present during scheduled burns.
The work is also very hush-hush, so whoever gets the job shouldn’t expect to regale friends with stories of the latest large-scale federal weed burning sesh.
“The contractor and its personnel shall hold all information obtained under the DEA contract in the strictest confidence,” the work description says. “All information obtained shall be used only for performing this contract and shall not be divulged nor made known in any manner except as necessary to perform this contract.”
The work would start January 1 of next year and the contract would expire in 2026 unless terminated sooner. The deadline to send information for would-be contractors was Friday.
Photo courtesy of Chris Wallis // Side Pocket Images
Harris Will Give Biden ‘Honest’ Input On Legalizing Marijuana And Other Issues As Part Of ‘Deal’
Democratic vice presidential nominee Kamala Harris says she has a “deal” with Joe Biden to candidly share her perspective on a range of progressive policies he currently opposes, including legalizing marijuana. Separately, she also recently discussed cannabis reform in a private meeting with rapper Killer Mike.
During an interview on 60 Minutes that aired on Sunday, the senator was pressed on marijuana and numerous other issues where she and Biden disagree. In response, while she didn’t specifically commit to proactively advocating for comprehensive cannabis reform, she pledged in general that she would always share her views with the would-be president if the pair are elected next week.
“What I will do—and I promise you this and this is what Joe wants me to do, this was part of our deal—I will always share with him my lived experience as it relates to any issue that we confront,” she said after the interviewer listed cannabis legalization among a handful of issues on which she and Biden depart. “I promised Joe that I will give him that perspective and always be honest with him.”
If elected, would Kamala Harris advocate for Medicare for All, a plan Joe Biden doesn’t support?
— 60 Minutes (@60Minutes) October 26, 2020
Asked whether that perspective will be “socialist” and “progressive,” Harris laughed and said “no.”
“It is the perspective of a woman who grew up a black child in America, who was also a prosecutor, who also has a mother who arrived here at the age of 19 from India, who also, you know, likes hip hop,” she said.
The senator’s taste in music also came up during her own 2020 presidential bid, when she said in an interview that she listened to Snoop Dogg and Tupac while smoking marijuana during college despite graduating before those artists released their debut albums.
Music culture has played a key role in this election cycle, and one of the strongest voices for criminal justice reform in the industry is Killer Mike, who worked as a surrogate for Sen. Bernie Sanders (I-VT) when he was running for the Democratic presidential nomination. The artist said he met with Harris on Friday and the two discussed cannabis business opportunities for communities of color.
Just had a meeting with Sen. Harris.
My points *Dems Need to be heavy on the door Knox’N, HR40 tweek it better and have Biden Sign, Fed Trades Programs for worker class Americans so u can build, Black men exit prison and entrance to marijuana biz as a priority for biz and jobs
— Killer Mike (@KillerMike) October 23, 2020
As she’s done repeatedly since joining Biden’s campaign, Harris also reiterated at a rally in Pontiac, Michigan on Sunday that the administration would pursue marijuana decriminalization and expunging prior cannabis convictions.
She made similar comments during a campaign event in Atlanta last week, stating that the “war on drugs was, by every measure, a failure, and black men were hit the hardest.” That said, while the senator has come to embrace broad cannabis reform, she’s faced criticism over her past opposition to legalization and role in prosecuting people for marijuana offenses as a California prosecutor.
In another interview released last week, Harris said she and Biden “have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses.”
“When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits,” she said.
There’s been some frustration among cannabis reform advocates that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization but has in recent weeks focused her comments on the more modest reforms of decriminalization and expungement.
Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.
In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”
In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.
Photo element courtesy of California Attorney General’s Office.
GOP Tennessee Senator Calls For Medical Marijuana Legalization In New Campaign Ad
A Tennessee senator touted his support for legalizing medical marijuana in a campaign ad released on Friday.
In the 30-second spot, which has notably high production value for this kind of local race, state Sen. Steve Dickerson (R) talks about both the therapeutic benefits of cannabis and the consequences of broader marijuana criminalization.
“As your state senator, I’ve led the fight to legalize medical marijuana so our veterans and sickest Tennesseans can deal with chronic pain,” he said. “But this same life-saving plant has led to mass incarceration, with nonviolent marijuana possession resulting in lengthy prison sentences.”
It’s past time for Tennessee to legalize medical cannabis and give our sickest residents a smart, safe treatment to help with chronic pain. Legalization and securing criminal justice reform have been my top priorities, and I won’t stop fighting until we’ve changed the law. pic.twitter.com/28eFUy3loZ
— Steve Dickerson (@DickersonforS20) October 23, 2020
“I think that’s wrong. That’s why I’ve been pushing for criminal justice reform,” the senator added.
Dickerson, who sponsored a medical cannabis legalization bill that cleared a Senate committee in March, said in a Q&A published earlier this month that the policy change would be among his top three legislative priorities if he’s reelected.
His Democratic opponent, former Oak Hill Mayor Heidi Campbell, is in favor of “fully legalizing marijuana,” with her campaign site stating that cannabis crimes “disproportionately impact people of color and it’s time to end marijuana prohibition.”
But while Dickerson has earned a reputation as a moderate Republican given his positions on issues like cannabis reform, he’s faced backlash after declining to denounce an independent ad taken out on his behalf that some, including the LGBTQ rights organization Tennessee Equality Project (TEP), called racist.
The ad, which was paid for by Lt. Gov. Randy McNally’s (R) political action committee MCPAC, hits Campbell over her support for a nonprofit organization that is designed to keep young people out of prison, and it frames the group as “radical” and “extremist.” TEP rescinded their endorsement of Dickerson over his refusal to condemn the ad.
In the Tennessee legislature, marijuana reform has yet to pass—but there’s growing recognition that voters are in favor of the policy change. For example, former House Speaker Glen Casada (R) released the results of a constituent survey last year that showed 73 percent of those in his district back medical cannabis legalization.
Another former GOP House speaker, Beth Harwell, highlighted her support for the reform proposal during her unsuccessful bid for governor in 2018, and she referenced President Trump’s stated support for medical marijuana on the campaign trail.
In other Tennessee drug policy politics, a lawmaker in June blocked a resolution to honor murdered teen Ashanti Posey because she was allegedly involved in a low-level cannabis sale the day she was killed.
Photo courtesy of Philip Steffan.