In a sweeping rejection of what advocates regarded as a commonsense drug reform measure, a large majority of Democratic House members joined all but seven Republicans on Thursday in a vote against an amendment that Rep. Alexandria Ocasio-Cortez (D-NY) filed to expand research into the potential benefits of psychedelic substances.
The measure, which was cleared by the House Rules Committee and was initially approved in a voice vote earlier Thursday morning, was soundly defeated in a 91 to 331 afternoon roll call vote. Democrats accounted for 148 of those “nay” votes.
Ocazio-Cortez’s amendment would have removed a longstanding rider, first enacted in 1996, that prohibits the use of federal funds for “any activity that promotes the legalization of any drug or other substance in Schedule I.”
Supporters argued that the rider inhibits research into controlled substances that hold potential therapeutic potential, with Ocasio-Cortez pointing specifically to psilocybin and MDMA as examples of understudied drugs that could alleviate symptoms of conditions such as post-traumatic stress disorder and depression. Cannabis is also a Schedule I substance that is more difficult to research due to its Schedule I status.
“It’s disappointing to hear folks say things like ‘the War on Drugs is a failure’ and that ‘we should treat drugs as a health issue and not a criminal justice issue’ then vote to uphold drug war relic language like this,” Dan Riffle, senior counsel and policy advisor in Ocasio-Cortez’s office, told Marijuana Moment. “It was last minute though, and a lot of folks weren’t sure what the amendment would do. I’m glad we brought some attention to the issue, and I think next year with more time to educate you’ll see a very different result.”
In a tweet posted ahead of the vote, the congresswoman acknowledged that while the amendment had bipartisan appeal, it also had bipartisan opposition. The opposition proved much stronger in the end, leaving reform advocates dismayed.
“It’s disappointing to see so many members vote to keep an outdated gag order in place,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment. “The road to ending the drug war is a long one, and we got a reminder of that today.”
Michael Liszewski, a policy advisor with Students for Sensible Drug Policy, told Marijuana Moment that Ocasio-Cortez introducing the amendment “helped raise the profile of this issue.”
“I think one reason the amendment failed was a lack of understanding of the issue by many members, so voting against the amendment was the instinctually safe move to make,” he said. “With increased awareness of how the ‘gag order’ provision prevents scientific research that we may see a different outcome next year if the amendment is offered again.”
Another reason for the amendment’s failure could be that Democratic leadership declined to give members a directive to support it in a list of recommendations distributed on Thursday morning. House Labor, HHS, Education, and Related Agencies Appropriations Subcommittee Chair Rosa DeLauro (D-CT), whose panel drafted the section of the overall bill that Ocasio-Cortez sought to amend, offered “no recommendation” for the measure, whereas every other listed Democratic amendment was given a “vote yes” directive.
The amendment’s opponents include several members who usually lend their support to drug reform legislation as well as committee chairs and members of Democratic leadership. Reps. Charlie Crist (D-FL) and Dave Joyce (R-OH) rejected the amendment despite their typical support for marijuana reform.
Opponents in leadership positions include House Majority Leader Steny Hoyer (D-MD), Assistant Speaker Ben Ray Luján (D-NM), Democratic Caucus Chair Hakeem Jeffries (D-NY), Appropriations Committee Chair Rep. Nita Lowey (D-NY), Veterans’ Affairs Chair Rep. Mark Takano (D-CA), former Democratic National Committee Chair Rep. Debbie Wasserman Schultz (D-NY) and DeLauro.
Many of the usual cannabis reform suspects did vote in favor of the amendment, however: Reps. Earl Blumenauer (D-OR), Steve Cohen (D-TN), amendment cosponsor Lou Correa (D-CA), Diana DeGette (D-CO), Denny Heck (D-WA), amendment cosponsor Ro Khanna (D-CA), Barbara Lee (D-CA), Ted Lieu (D-CA), Joe Neguse (D-CO), Eleanor Holmes Norton (D-D.C.), Ocasio-Cortez, Ed Perlmutter (D-CO) and Dina Titus (D-NV) all voted aye.
Democratic leaders who voted in support include Assistant Democratic Leader Jim Clyburn (D-SC), Rules Committee Chair Jim McGovern (D-MA) and Judiciary Committee Chair Jerry Nadler (D-NY).
The Republicans who voted in favor of the amendment are Reps. Justin Amash (R-MI), amendment cosponsor Matt Gaetz (R-FL), Glenn Grothman (R-WI), Thomas Massie (R-KY), Brian Mast (R-MI), Thomas McClintock (R-CA) and Don Young (R-AK).
Finally, three 2020 Democratic presidential candidates supported the measure. Reps. Tulsi Gabbard (D-HI), Seth Moulton (D-MA) and Tim Ryan (D-OH) voted aye. Rep. Eric Swalwell (D-CA), who is also running for president, was absent during the vote on the psychedelics measure as well as those on other measures taken around the same time.
“Rep. Ocasio-Cortez’s amendment would have removed the bureaucratic red tape and legal hoops that scientists currently have to navigate in order to study the potential medical benefits of controlled substances,” Khanna told Marijuana Moment. “This includes cannabis, which is legal for medicinal use in more than two dozen states, and other compounds that have shown promise in treating depression, PTSD, and addiction.”
“I am an advocate for robust research investment to maintain America’s global leadership in science and medicine, and I supported this amendment because it would have unshackled our scientists from restrictions implemented at the height of the failed War on Drugs,” he said.
.@RepAOC’s amendment would have removed the bureaucratic red tape and legal hoops that scientists currently have to navigate in order to study the potential medical benefits of controlled substances. 1/3
— Rep. Ro Khanna (@RepRoKhanna) June 13, 2019
I am an advocate for robust research investment to maintain America’s global leadership in science and medicine, and I supported this amendment because it would have unshackled our scientists from restrictions implemented at the height of the failed War on Drugs. 3/3
— Rep. Ro Khanna (@RepRoKhanna) June 13, 2019
“I applaud 91 of my Republican and Democratic colleagues for courageously standing up for medical research,” Correa told Marijuana Moment. “As elected leaders, we must never be afraid to take risks when our constituents’ lives and health are on the line. Schedule 1 substances may be controversial but they hold great medical promise.”
“I am proud to have joined my colleague Congresswoman Ocasio-Cortez in support of her potentially life-saving amendment,” he said. “For far too long, we have allowed the debate surrounding schedule 1 drugs to be informed by personal opinions and not science. This amendment would have given the power back to doctors and researcher so that they can tell us what these misunderstood substances can be used for.”
“I will not stop fighting for those yearning for new treatments and will continue to advocate for medical research—regardless the substance.”
For too long, the debate about cannabis, psilocybin & others has been informed by personal opinions, not #science.
I will not stop fighting for new treatments—regardless of the substance. Lives depend on it.
— Rep. Lou Correa (@RepLouCorrea) June 13, 2019
Ocasio-Cortez said that while the amendment failed, she is “undeterred” and “proud we were even able to bring a vote on psychedelic research to the House floor.”
Sadly our drug research amendment failed today, but I’m undeterred.
I’m proud we were even able to bring a vote on psychedelic research to the House floor.
30% of veterans have considered suicide. These drugs show extreme promise in treating PTSD + more.
Let’s keep at it. https://t.co/Hf6bsN7ws4
— Alexandria Ocasio-Cortez (@AOC) June 13, 2019
These drugs show extreme promise in treating PTSD + more,” she wrote. “Let’s keep at it.”
Natalie Ginsberg, director of policy and advocacy at the Multidisciplinary Association for Psychedelic Studies (MAPS), said that advocates hope to keep building support over time for removing political roadblocks to research.
“As we see everyday in our work at MAPS, and as evidenced by the bipartisan support for this proposed amendment, we remain encouraged that our elected representatives will continue working together across the aisle to get politics out of the way of research into the therapeutic benefits of psychedelics and cannabis,” she said.
This story was updated to include comment from Ocazio-Cortez’s staff and MAPS.
Photo courtesy of Wikimedia/Mushroom Observer.
Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer
“These aren’t just numbers and there are families attached.”
By Ned Oliver, Virginia Mercury
Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.
The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.
Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.
The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.
Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.
The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.
“As of right now, the process is proceeding,” he said.
The Virginia Joint Commission on Cannabis Oversight is meeting now. You can find the agenda and links to livestream and to provide public comment at https://t.co/f1wsPn7SV7
— Jennifer McClellan (@JennMcClellanVA) October 14, 2021
Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.
Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.
They said it remains unknown how many more are being held because of marijuana related probation violations.
“These aren’t just numbers and there are families attached,” Burger said.
DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone
The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.
In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.
DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.
It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.
LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.
Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.
Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:
For all other THC, psilocybin, psilocyn and MDMA:
And for other psychedelic substances like LSD, mescaline and DMT:
DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.
“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.
“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”
Here are the exact numbers for the proposed 2021 and 2022 quotas:
|All other tetrahydrocannabinol||1,000||2,000|
A 30-day public comment period will be open after the notice is formally published on Monday.
It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.
National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Image element courtesy of Kristie Gianopulos.
Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred
The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.
The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.
Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.
Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.
But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.
Disappointed but not surprised U.S. Supreme Court declined to hear our case. We’re pursuing our claims in federal court. As that litigation proceeds, Biden administration will have to take a position, which it avoided by waiving its right to respond to our Supreme Court petition.
— Safehouse (@SafehousePhilly) October 13, 2021
“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”
That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.
“If they don’t respond, they lose,” Goldfein said.
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.