Politics
House To Vote On Historic Marijuana Legalization Bill Next Month, Leadership Announces
The House will be voting on a comprehensive marijuana legalization bill in September, congressional leadership confirmed on Friday.
While the floor vote has not yet been scheduled, Majority Whip James Clyburn (D-SC) said in an email blast to members that the chamber is “expected” to take up the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act during the “September work period.”
Marijuana Moment first reported in July on imminent plans to hold a House vote on the cannabis descheduling bill. The legislation, introduced by Judiciary Committee Chairman Jerrold Nadler (D-NY) last year, cleared his panel and was referred to several other committees. It’s not clear whether those committees will waive jurisdiction or mark up the bill in order for it to get a full chamber vote
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.
Clyburn’s email asks lawmakers to report back by Monday to say whether they plan to support the bill on the floor.
âLess than two years ago, we put out our blueprint outlining a path to cannabis legalization in the 116th Congress,” Rep. Earl Blumenauer (D-OR), a chief advocate for reform in Congress, told Marijuana Moment. “Now, after many months of hard work and collaboration, we finally have a chance to end the failed policy of prohibition that has resulted in a long and shameful period of selective enforcement against people of color, especially Black men.”
“As people across the country protest racial injustices, thereâs even greater urgency for Congress to seize this historic opportunity and finally align our cannabis laws with what the majority of Americans support, while ensuring restorative justice,” he said.
In a letter to House leadership earlier this month, a coalition of major drug policy and civil rights organizationsâincluding the American Civil Liberties Union, NAACP, Human Rights Watch, Drug Policy Alliance (DPA)âcalled for a floor vote on the MORE Act by the end of September.
âWe are ecstatic to see congressional leadership take the next steps to vote on the MORE Act next month,â Queen Adesuyi, policy manager for DPA, told Marijuana Moment. âAdvancing this bill meets the principles of this political moment where millions of Americans are demanding changes to the status quo. House Democrats have the incredible opportunity to move a bill that enjoys bipartisan support while responding to the calls for justice reform and racial justice reverberating across the country.â
Rep. Barbara Lee (D-CA), who, along with Blumenauer, is a co-chair of the Congressional Cannabis Caucus, said it is “extremely encouraging to see our House leadership moving forward on this issue.”
“We are facing challenging times in our fight for racial equity and law enforcement reform, and passing the MORE Act is crucial to addressing our countryâs history of injustice,” she said. “This is the next step in our goal of ending the harmful prohibition of cannabis in 2021.â
If the House approves the bill, there will still be an open question about whether the Republican-controlled Senate would follow suit. Majority Leader Mitch McConnell (R-KY) is a strong advocate for hemp, but heâs maintained steadfast opposition to broader marijuana reform. That said, he did hold closed-door meetings with industry representatives last year.
It’s possible the House action could spur the Senate to take up a more dialed back piece of cannabis reform legislation such as the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, however. That bill, which is sponsored by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA), would simply allow states to set their own marijuana policies without fear of federal intervention.
Gardner could use that legislative win as he trails behind former Colorado Gov. John Hickenlooper (D) in his reelection race. Whatâs more, President Trump has expressed support for the proposal.
The vote on the MORE Act will not be the first time the House has taken up cannabis reform on the floor this Congress.
The chamber approved a coronavirus relief package in May that includes provisions to protect banks that service state-legal marijuana businesses from being penalized by federal regulators. It also approved the standalone Secure and Fair Enforcement (SAFE) Banking Act last year.
Advocates were disappointed after lawmakers declined to include marijuana legalization as part of a recent policing reform bill the House passed. Several legislators made the case that it was an appropriate vehicle for the policy change, as ending cannabis criminalization would minimize police interactions.
âPassage of The MORE Act is essential in order to truly right the wrongs of federal marijuana criminalization, and to once and for all allow the majority of states that have legalized cannabis for either medical or adult-use to embrace these policies free from the threat of undue federal prosecution or interference,â NORML Deputy Director Paul Armentano said.
âA House floor vote will put our federal lawmakers on record,â he added. âWe will know who stands with the majority of Americans in supporting an end to the failed federal policy of marijuana prohibition, and equally importantly, we will know in Congress wishes to continue to threaten the freedom and liberty of the millions of Americans who reside in states that have enacted common-sense alternatives to cannabis criminalization.â
A Democratic senator recently said that legalization would be a 2021 priority if Democratic presidential nominee Joe Biden and his running mate Sen. Kamala Harris (D-CA) are elected.
That said, legalization is decidedly not a Biden priority, as the former vice president has maintained an opposition to the broad reform despite supermajority support among Democrats. He’s drawn the line at cannabis possession decriminalization, medical marijuana legalization, expungements and modest rescheduling.
Harris, meanwhile, is the lead Senate sponsor of the MORE Act.
The Democratic National Committee’s platform committee recently rejected an amendment that would’ve added legalization as a 2020 party plank. Some advocates suspect that’s because the party didn’t want to adopt a policy at odds with the agenda of their presidential nominee.
Lee voted against that DNC amendment but she recently said that Biden needs to evolve and support legalization.
Read Clyburn’s full email below:
The House will be voting soon on H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act); and H.R. 7856, the Fiscal Year 2021 Intelligence Authorization Act
H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act)
During the September work period, the House is expected to consider H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act). The MORE Act decriminalizes marijuana at the federal level by removing it from the Controlled Substances Act. This would allow state law to determine the status of marijuana legality for each state.
The bill also requires federal courts to expunge prior marijuana-related convictions and arrests and authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund. This fund would include grant programs administered by the Department of Justice and the Small Business Administration to support individuals who have been adversely affected by the War on Drugs, provide assistance to socially and economically disadvantaged small business owners, and minimize barriers to marijuana licensing and employment.
Click here for the bill text, as reported from the Judiciary Committee.
Click here for a one-pager from the Judiciary Committee.
Click here for a section-by-section from the Judiciary Committee.
…
Response Deadline Sep 03, 2020 at 12:00 PM
Will you SUPPORT H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act)?
Submit Your Response
This story has been updated to include comment from Blumenauer, Lee, DPA and NORML.
Marijuana Legalization Will Be A 2021 Priority If Biden Is Elected, Senator Says
Image element courtesy of Tim Evanson.
Politics
Mexican Senate Committees Formally Approve Marijuana Legalization Bill For Full Floor Action
Key Mexican Senate committees on Wednesday approved a bill to legalize marijuana nationwideâand a full floor is expected soon.
The joint panels gave initial consent to advance the legislation during a virtual hearing on Friday, and have now reconvened in person to formally push it to a floor vote.
The bill, which was circulated in draft form earlier this month and has since been further amended, would establish a regulated cannabis market in Mexico, allowing adults 18 and older to purchase and possess up to 28 grams of marijuana and cultivate up to four plants for personal use.
Most of the amendments that have been added since the prior virtual hearing are technical in nature. However, there was a notable revision to make it so people who grow cannabis for personal use will not be subject to a requirement to have regulators track plants.
Members of the Senateâs Justice, Health, and Legislative Studies Committees approved the proposal, months after passing an earlier version. A full vote in the chamber could come as soon as Thursday.
đŽ ReuniĂłn de las comisiones unidas de Justicia, de Salud y de Estudios Legislativos Segunda, del 18 de noviembre de 2020 https://t.co/DNjlLnQe3k
— Senado de MĂ©xico (@senadomexicano) November 18, 2020
While advocates have celebrated the development, they are still seeking certain changes to promote consumersâ rights and social equity in the legal market.
El dictamen actual amenaza con mantener la criminalizaciĂłn de las personas usuarias y las poblaciones mĂĄs vulnerables, mientras habilita un mercado del que se beneficiarĂĄn, principalmente, actores privados y extranjeros.
— MĂ©xico Unido (@MUCD) November 18, 2020
Desde @MUCD reiteramos nuestro llamado al @senadomexicano de no perder la oportunidad histĂłrica de corregir los males de la prohibiciĂłn y regular bien.
Necesitamos #CannabisLegalConJusticiaSocial.
— MĂ©xico Unido (@MUCD) November 18, 2020
Lawmakers have been working on the reform legislation for two years since the nationâs Supreme Court ruled in late 2018 that the prohibition on possessing and growing cannabis is unconstitutional. The court ordered Congress to amend the law accordingly, but the legislature has struggled to reach consensus on the issue and has been granted several deadline extensions to enact the policy change.
The current deadline to legalize marijuana is December 15.
Senate President Eduardo RamĂrez said last week that there is a âconsensusâ to achieve the reform by the court-mandated date.
Reform advocates have been consistently pushing for legislative action on reform since the court ruling, though theyâve taken issue with certain provisions of lawmakersâ various proposals. Namely, they remain concerned about high penalties that can be imposed for violating the cannabis rules and feel the bill should further promote social equity in the industry.
Those requested changes do not seem to have been incorporated into the latest amended bill that the committees approved, but there’s still time to make revisions on the floor and in the Chamber of Deputies, which must also pass the legislation in order for it to become law.
Ricardo Monreal, the ruling MORENA partyâs coordinator in the Senate, said last week that the proposal is a significant improvement on current laws against possession, which have âonly caused the detention centers to be full of people for possession of a few grams of cannabis, which is why they seek to reduce the penalties in carrying of this product.â
In a column published on the senator’s website on Sunday, he said the “intensity, duration and complexity of the discussion reflects the desire to achieve the pacification of a country that for years has been a victim of violence caused by drug trafficking, as well as the will to respect the right to free development of the personality, at the same time that favorable conditions are generated to expand national economic development,” according to a translation.
Con la aprobaciĂłn en comisiones del @senadomexicano del dictamen a la Ley Federal para la RegulaciĂłn de Cannabis, podremos cumplirle a MĂ©xico en materia de salud, derechos humanos y combate a la delincuencia organizada. Mi columna, vĂa @El_Universal_Mx: https://t.co/e9dDgUF2ms
— Ricardo Monreal A. (@RicardoMonrealA) November 16, 2020
Lawmakers have “the historic opportunity to regulate the use of cannabis within the Mexican regulatory framework, to allow better control of the health of users, the emancipation of organized crime activities and the use of its wide benefits for society,” he said, adding “this is a momentous moment in the public life of the country.”
Sen. Nancy SĂĄnchez Arredondo, also of the MORENA party, said that the process “has been a long road, whose merit goes to countless civil organizations and public and private institutions that struggled to give a complete turn to the prohibition in the use of cannabis.”
According to La Jornada, there’s some fragmentation within the ruling party over the legislation. However, advocates expect that membersâdespite certain differences over social justice componentsâwill ultimately approve it. The Institutional Revolutionary, Citizens’ Movement and Democratic Revolution parties will also reportedly back the measure.
La bancada de Morena en el Senado no tiene un voto uniforme para la regulaciĂłn de la cannabis y su consumo lĂșdico #RegĂstrateGratis https://t.co/zmL1c4NlzG
— REFORMA Nacional (@reformanacional) November 17, 2020
The legislation makes some attempts to mitigate the influence of large marijuana corporations. For example, it states that for the first five years after implementation, at least 40 percent of cannabis business licenses must be granted to those from indigenous, low-income or historically marginalized communities.
The Mexican Institute of Cannabis would be responsible for regulating the market and issuing licenses.
Public consumption of marijuana would be allowed, except in places where tobacco use is prohibited or at mass gatherings where people under 18 could be exposed.
Households where more than one adult lives would be limited to cultivating a maximum of six plants. The legislation also says people âshould notâ consume cannabis in homes where there are underaged individuals. Possession of more than 28 grams but fewer than 200 grams would be considered an infraction punishable by a fine but no jail time.
Monreal originally said the chamber would vote on the legalization bill by the end of October, that timeline did not work out.
In his latest column, he remarked that the delay enabled the legislature to take into consideration marijuana reforms “in Uruguay, Canada and the United States,” which “serve as examples of the probable consequences that must be foresee and solve in the Mexican case, while observing the benefits that the regulated use of this plant and its derivatives has generated in those nations.”
President Andrés Manuel López Obrador said in August that marijuana reform legislation will advance in the session that began in September.
Sen. Julio Ramón Menchaca Salazar, also of the MORENA party, said in April that legalizing cannabis could fill treasury coffers at a time when the economy is recovering from the pandemic.
As lawmakers work to advance the reform legislation, thereâs been a more lighthearted push to focus attention on the issue by certain members and activists. That push has mostly involved planting and gifting marijuana.
In September, a top administration official was gifted a cannabis plant by senator on the Senate floor, and she said sheâd be making it a part of her personal garden.
A different lawmaker gave the same official, Interior Ministry Secretary Olga Sånchez Cordero, a marijuana joint on the floor of the Chamber of Deputies last year.
Cannabis made another appearance in the legislature in August, when Sen. Jesusa RodrĂguez of the MORENA party decorated her desk with a marijuana plant.
Drug policy reform advocates have also been cultivating hundreds of marijuana plants in front of the Senate, putting pressure on legislators to make good on their pledge to advance legalization.
See a list of changes to the Mexican Senate marijuana legalization bill below:
Mexican Senate Marijuana Legalization Amendments by Marijuana Moment on Scribd
Marijuana Legalization Got More Votes Than Trump, Biden And Other Officials In Multiple States
Politics
Decriminalize Marijuana And Study Legalization, North Carolina Governor’s Racial Equity Task Force Says
A task force convened by North Carolina Gov. Roy Cooper (D) is recommending that the state decriminalize marijuana possession and initiate a study on whether to more broadly legalize cannabis sales.
âYou cannot talk about improving racial equity in our criminal justice system without talking about marijuana,â Attorney General Josh Stein (D), who co-chairs the Task Force for Racial Equity in Criminal Justice, said on Wednesday. âWhite and Black North Carolinians use marijuana at similar rates, yet Black people are disproportionately arrested and sentenced.”
He added that it “is time for North Carolina to start having real conversations about a safe, measured, public health approach to potentially legalizing marijuana.â
I am. We must stop saddling people with criminal records for low-level possession of marijuana. White & Black Americans smoke at the same rates; yet African-Americans are much more likely to be arrested & convicted. Possession should be an infraction, like a speeding ticket. https://t.co/UIPt1nuQuW
— Josh Stein (@JoshStein_) November 19, 2020
The task force’s recommendation is to decriminalize the possession of up to an ounce and a half of cannabis and make it a civil offense. Past convictions should automatically be expunged, the panel said.
The group also wants the state to convene another task force charged specifically with studying the “pros and cons and options for legalization of possession, cultivation and/or sale, including government or not for profit monopoly options.”
The review “should be guided by a public safety, public health, and racial equity framework,” it said.
In the meantime, arrests for marijuana possession and felony drug possession for less than .25 grams of illegal substances should be deprioritized, and prosecutors should also deprioritize cannabis-related prosecutions, the group recommends.
âData made available to the Task Force shows that 63 percent of the more than 10,000 convictions for simple possession of marijuana last year in North Carolina are people of color even though they are only 30 percent of the population and research documents that marijuana use is at roughly equal percentages among Black and white populations,â state Supreme Court Justice Anita Earls, who also co-chairs the panel, said. âThis recommendation is intended to help alleviate racial disparities in North Carolinaâs criminal justice system.â
Other members of the task force include the mayor of Fayetteville, the chiefs of police in Durham and Apex, the sheriffs of Richmond and Brunswick Counties and officials with ACLU and NAACP.
The panel is additionally pushing for improved drug enforcement data collection, including by tracking race and gender of arrestees.
Under current state law, possession of up to half an ounce of marijuana is a class 3 misdemeanor, which comes with a fine of up to $200. There were 31,287 such charges and 8,520 convictions in 2019, the task force said, and 61 percent of those convicted were nonwhite.
Possessing more than half an ounce up to 1.5 ounces of cannabis is a class 1 misdemeanor, subject to up to 45 days imprisonment and a $200 fine. In 2019, there were 3,422 such charges and 1,909 convictions, with 70 percent of those convicted being nonwhite.
The task force will issue a formal report on its recommendation to the governor on December 15.
Lawmakers In Wisconsin Capital Vote To Allow Marijuana Use In Public
Politics
Marijuana Legalization Got More Votes Than Trump, Biden And Other Officials In Multiple States
The 2020 election showed yet again that marijuana legalization has widespread, bipartisan appeal. And the mainstream nature of the issue is demonstrated clearly when comparing the support that cannabis reform got at the ballot box this month to that brought in by major candidates for president, Senate and other offices.
In a year that saw the highest level of voter turnout in American historyâin no small part due to the heated presidential race where the incumbent was oustedâcannabis legalization ballot measures were approved in red and blue states, proving to be more popular than many candidates seeking to represent those jurisdictions.
In most cases, candidates who were outperformed by marijuana at the polls declined to endorse the reform ahead of the electionâperhaps something that politicians in states where cannabis is on the ballot in 2022 will take note of.
Here’s a breakdown of what the election showed about the popularity of drug policy reform in 2020:
Arizona
In Arizona, an adult-use marijuana legalization proposal passed by a sizable margin, with 1,951,877 total votesâjust four years after a similar measure failed in the state 2016.
This time, cannabis beat out both President Trump (1,657,250) and President-elect Joe Biden (1,668,684). Biden has so far refused to join the supermajority of Democrats who back marijuana legalization and instead supports more modest reforms such as decriminalizing possession and expunging records. Trump, for his part, has said that states should be able to set their own cannabis laws without federal interference but has not strongly backed any specific reforms.
The Arizona marijuana vote total also exceeded that of Democratic Senator-elect Mark Kelly (1,712,777) and incumbent GOP Sen. Martha McSally (1,637,651). Kelly said when pressed ahead of the election that he was inclined to support legalization, though he did not actively campaign on it. McSally pivoted away from questions about the issue by saying it was up to voters to decide.
The measure also won more voters than a separate initiative to increase income taxes to fund education (1,672,212).
Mississippi
More voters in conservative Mississippi voted to enact a medical cannabis program (774,386) than elected to put Trump (747,398) or Biden (520,937) in the Oval Office.
Legalizing medical marijuana was also more popular than Republican Sen. Cindy Hyde-Smith (700,501) and her Democratic challenger Mike Espy (559,508).
That’s according to an Associated Press tally, which shows the current estimated total at 99 percent of expected votes processed.
Montana
A voter-approved measure to legalize marijuana in Montana received more votes (341,031) than Biden (244,783).
It also outperformed Republican Governor-elect Greg Gianforte (328,543) and his Democratic opponent Mike Cooney (250,855).
GOP Sen. Steve Daines also got fewer votes than legal cannabis (333,163), as did his challenger, outgoing Democratic Gov. Steve Bullock (272,457).
Republican Representative-elect Matt Rosendale (339,165) and Democratic House candidate Pat Williams (262,336) also pulled in less support than the marijuana reform did in their race for the state’s only congressional district.
None of those candidates endorsed the cannabis legalization measure that ended up getting more votes than they did.
The legal marijuana initiative also passed more handily than a separate ballot measure to remove localities’ ability to regulate concealed carry of permitted firearms (298,347).
Trump got slightly more votes than cannabis legalization did, at 343,597.
New Jersey
In New Jersey, a referendum to legalize cannabis for adult use was overwhelmingly approved with 2,637,630 votes.
That exceeds the votes for Biden (2,509,428 ) and Trump (1,817,925).
Democratic Sen. Cory Booker (2,433,494), who campaigned for the reform measure, and his Republican challenger Rikin Mehta (1,756,206) also got fewer votes than legal marijuana did.
Those tallies are based on a projection from the Associated Press, which is reporting 95.9 percent of the expected vote as of Wednesday.
South Dakota
South Dakota voters passed measures to legalize marijuana for both medical (291,754) and recreational (225,260) purposes.
Both initiatives received more votes than Biden (150,471), Democratic Senate candidate Daniel Ahlers (143,987) and Libertarian House candidate Randy Luallin (75,748).
Additionally, the medical cannabis proposal got more votes than Trump (261,043), GOP Sen. Mike Rounds (276,232) and a proposal to legalize sports betting (239,620).
Oregon
Marijuana wasn’t the only drug policy issue on the ballot on Election Day.
Oregon voters made history by approving separate measures to decriminalize possession of all currently illicit drugs (1,322,078) and legalize psilocybin mushrooms for therapeutic purposes (1,259,243).
The drug decriminalization initiative landed more votes than incumbent Democratic Sen. Jeff Merkley did (1,310,753).
Both drug reform measures received more votes than Democratic Attorney General Ellen Rosenblum (939,161) and her Republican opponent Michael Cross (926,339).
They also both beat out Trump’s tally (949,572) and that of Republican Senate candidate Jo Rae Perkins (904,689).
Only Biden gained more votes than either of the drug policy reform proposals, though fairly narrowly, at 1,329,549.
Washington, D.C.
A proposal to decriminalize a wide range of psychedelics like psilocybin and ayahuasca was approved in D.C., for example. And that one got 195,773 votes, which is far more than Trump did (16,306) in the heavily Democratic city.
Biden and Rep. Eleanor Holmes Norton (D) beat out the vote count for the psychedelics reform measure, however, with 285,728 and 255,060 votes, respectively.
All told, the results in each jurisdiction show that marijuana and drug policy reform is very popular with voters, in many cases much more so than individual politicians are.
Biden’s Marijuana Decriminalization Plan Is ‘Not Enough,’ Cory Booker Says In New Documentary
