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“It’s disappointing to see so many members vote to keep an outdated gag order in place,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment.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.
Congressman Visits Marijuana Dispensary On Behalf Of Bernie Sanders’s Presidential Campaign
A congressman and staffers for Sen. Bernie Sanders’s (I-VT) presidential campaign toured a marijuana dispensary in Las Vegas on Monday and discussed the need for federal cannabis reform.
Rep. Mark Pocan (D-WI), who endorsed Sanders’s bid for the White House last week, shared photos on Twitter from the visit to NuWu Cannabis, a tribal-owned shop that features a consumption lounge and a drive-thru where consumers can buy marijuana products.
After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—@BernieSanders marijuana legalization plan will do just that. pic.twitter.com/XFWmIZKuus
— Mark Pocan (@MarkPocan) January 21, 2020
“After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—[Sanders’s] marijuana legalization plan will do just that,” the congressman tweeted.
While the 2020 Democratic presidential candidate wasn’t scheduled to attend the shop and has since had to drop campaign stops in order to participate in the Senate’s impeachment trial of President Donald Trump, Pocan and Nevada campaign staff were there on his behalf, Tick Segerblom, a Clark County commissioner and former state senator who helped coordinate the event, told Marijuana Moment.
“We showed him around, explained on how it works, explained how it’s organized under state law,” Segerblom said of Pocan. “He said he’d never seen anything like it.”
The congressman also talked with business owners about the importance of social equity within the marijuana industry. He didn’t purchase or sample any cannabis products, however.
Segerblom said that while Sanders wasn’t able to attend this tour, he believes it’s important for the candidate to participate in such events and talk about his reform agenda to distinguish himself in the race.
“There’s a lot of people who will vote on this issue, and since [former Vice President Joe Biden] has come out against legalizing cannabis, I think it’s a very important issue for him to emphasize,” he said.
It’s fitting that Pocan would tour a tribal-owned cannabis business, as he was the chief sponsor of a 2016 bill that would have protected tribes from losing federal funds if they enact a legal marijuana program. Although the congressman represents Wisconsin, which doesn’t even have a comprehensive medical cannabis program let alone full adult-use legalization, he has cosponsored several cannabis reform bills this Congress, including two that would end federal prohibition.
State-legal dispensaries are getting a lot of high-profile attention from politicians lately. For example, former South Bend, Indiana Mayor Pete Buttigieg visited a Las Vegas marijuana shop last year, Rep. Julia Brownley (D-CA) paid a visit to a California dispensary and Sen. Ron Wyden (D-OR) toured a business that makes CBD-infused chocolates.
Photo courtesy of Rep. Mark Pocan.
New Vermont Bill Would Decriminalize Psychedelics And Kratom
Vermont lawmakers filed a bill on Wednesday that would decriminalize three psychedelic substances as well as kratom.
Rep. Brian Cina (P/D) introduced the legislation, which would amend state law to carve out exemptions to the list of controlled substances. Psilocybin, ayahuasca, peyote and kratom would no longer be regulated under the proposal.
Cina told Marijuana Moment in a phone interview that he decided to pursue the policy change based on a “belief that I share with many people around the world that plants are a gift from nature and they’re a part of the web of life that humans are connected to.”
“Plants, especially plant medicines, should be accessible to people,” he said. “Use of plant medicine should be considered a health care issue, not a criminal issue.”
Whether plant medicines are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize healing practices that go back to the very roots of our humanity. https://t.co/hRDWWqa7yb
— Brian Cina (@briancinavt) January 22, 2020
While it remains to be seen whether the legislature will have the appetite to pursue the policy change, the bill’s introduction represents another sign that the psychedelics reform movement has momentum. Activists in about 100 cities across the U.S. are working to decriminalize a wide range of entheogenic substances, but the Vermont proposal is unique in that it’s being handled legislatively at the state level.
Text of the bill states that the four substances are “commonly used for medicinal, spiritual, religious, or entheogenic purposes.”
Larry Norris, cofounder of the national psychedelics reform group Decriminalize Nature, told Marijuana Moment that he’s especially encouraged by the use of the word “entheogenic,” a term that advocates are hoping to bring into the mainstream to more accurately describe the type of substances they want to decriminalize.
“It is exciting to see emerging interest at the state legislative level to support decriminalizing natural plants and fungi that are ‘commonly used for medicinal, spiritual, religious, or entheogenic purposes,'” he said. “The fact that the word entheogenic is making its way into the legislative lexicon speaks volumes for the shift in perspective that is happening nationwide.”
“While we were not involved in the drafting of this legislation, we look forward to offering any support and guidance to Representative Brian Cina in Vermont or any future state legislators aiming to decriminalize entheogenic plants and fungi,” Norris said.
Denver became the first city in the nation to decriminalize psilocybin mushrooms last year, followed by a unanimous City Council vote in Oakland to make a wide range of psychedelics among the city’s lowest law enforcement priorities. And while lawmakers have been comparatively slow to raise the issue in legislatures, activists in Oregon are working to put a therapeutic psilocybin initiative on the state’s 2020 ballot and, separately, a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment. In California, meanwhile, advocates are aiming to put psilocybin legalization before voters in November.
Part of the motivation behind the legislation was “recognizing that the decriminalization of mushrooms seems to be a next step in other places, and thinking that it might have greater success if we can make the point that in the path of decriminalization, the next step after cannabis is psilocybin mushrooms,” Cina said. “It was important for me to make a point about the significance of plants.”
“What it goes back to for me ultimately is that any kind of use of substances should be treated as a health care matter, not a criminal issue,” he said. “Whether those substances are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize a behavior that goes back to the very roots of our humanity.”
The bill currently has three cosponsors and has been referred to the Judiciary Committee. One of the cosponsors, Rep. Zachariah Ralph (P/D) told Marijuana Moment that he supports “the legalization of psychedelics because prohibition, generally, does not to work, and has continued to be enforced disproportionally against low income and minority communities.”
“Research at Johns Hopkins University and other facilities around the country on the medicinal use of psilocybin mushrooms are showing some promising results as a long term treatment of depression, addiction and anxiety,” he said. “This is especially important today as we deal with increased rates of suicides and drug overdoses across the nation and especially in Vermont.”
The bill’s introduction also comes as Vermont lawmakers express optimism about the prospects of expanding the state’s cannabis law to allow commercial sales.
While Gov. Phil Scott (R) has previously voiced opposition to allowing retail marijuana products to be sold, citing concerns about impaired driving, he recently indicated that he may be open to taxing and regulating the market. And according to top lawmakers in the state, the legislature is positioned to advance a cannabis commerce bill this session, with most members in favor of the reform move.
Vermont made history in 2018 by becoming the first state to pass marijuana legalization through the legislature, albeit with a noncommercial grow-and-give model. Now the question is whether lawmakers there will again make history by taking up psychedelics reform and decriminalizing these substances at the state level for the first time.
“We’ve decriminalized and then legalized and now might be regulating and taxing marijuana, which is a plant medicine,” Cina said. “But there are these other plant medicines that have been left behind.”
A Republican lawmaker in Iowa filed a bill to legalize certain psychedelics for medical purposes last year, but it did not advance.
Photo courtesy of Wikimedia/Mushroom Observer.
Mexican Lawmakers Plan To Pass Amended Marijuana Legalization Bill Before End Of April
An amended bill to legalize and regulate marijuana sales in Mexico is being circulated among lawmakers, setting the stage for a renewed reform push as the legislature goes back into session next month.
The new proposal, which was jointly submitted by the Justice and Health Committees, would allow adults to possess up to 28 grams of cannabis for personal use and cultivate up to six plants. Individuals could apply for a license to possess more than 28 grams but no more than 200 grams.
While Sen. Ricardo Monreal Ávila of the ruling MORENA party said the measure is not final, it’s a next step in the process. He said he’ll be meeting with Interior Secretary Olga Sánchez Cordero and Julio Scherer, legal advisor to the president, next week to discuss cannabis reform legislation.
Under the proposed bill, those who possess an amount of marijuana between 28 and 200 grams would be charged a fine amounting to roughly $560, while stricter penalties would be imposed for possession of more than 200 grams.
The Mexican Cannabis Institute, a new regulatory body, would be responsible for issuing business licenses and developing rules for the market. The bill also contains provisions aimed at promoting social equity, such as prioritizing cultivation licenses for individuals from communities most impacted by the drug war.
The institute would also be able to issue grants for research into the cultivation of cannabis for commercial use, according to Milenio.
The introduction of this revised legislation comes more than a year after the nation’s Supreme Court deemed federal laws prohibiting personal marijuana possession and cultivation unconstitutional—a ruling that was followed by a legislative mandate to end the policy. In the months since, lawmakers have worked to develop a regulatory scheme to legalize the plant for adult use.
But while there was progress—with the Senate holding numerous public educational meetings, including one that featured a former White House drug czar—the legislature was unable to reach a compromise on a passable bill before the court’s October 2019 deadline, prompting leading lawmakers to request an extension.
The Supreme Court agreed to extend the deadline for a policy change to April 30.
The new bill going before the Congress is largely similar to the one that Senate committees unveiled just before the earlier deadline, but there have been some minor changes. For example, it amends the business licensing scheme. There will be five types of licenses that the institute can issue: cultivation, transformation, marketing, exports/imports and research.
Monreal stressed that “there is nothing ensured yet” in terms of the prospects for the new draft legislation being passed as written.
— Senadores Morena (@MorenaSenadores) January 21, 2020
“There are those who are not in favor even of the legislation in this matter, so all that we have to pick it up and translate it into the will expressed on the opinion,” he said, adding that the legislature still hopes to pass legalization before the April deadline.
Read the full draft Mexican marijuana legalization bill below: