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“It’s disappointing to see so many members vote to keep an outdated gag order in place,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment.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.
White House Drug Officials Say Legal Marijuana Is Up To States
Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.
The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.
Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.
Got the answer: He believes it should be left up to the state. However, he does want to educate people on the effect marijuana has on young brain development, pregnant women and wants to come up with better guidance & testing for marijuana while driving. https://t.co/eifryNJB1j
— Kayla Sullivan (@KaylaReporting) August 14, 2019
It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.
Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.
Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”
“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”
Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.
During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”
“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”
He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”
Photo courtesy of Philip Steffan.
New Industry-Backed Marijuana Legalization Measure Filed In Florida
Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.
Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.
The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.
“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”
The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.
It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.
There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.
A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.
The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.
It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.
In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.
Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.
To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.
“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”
Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.
“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”
Read the full text of Make It Legal Florida’s marijuana proposal below:
Photo courtesy of WeedPornDaily.
Defense Department Official Stresses CBD Ban For Military Members
A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.
Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”
While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.
“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”
Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.
The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.
That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”
Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.
In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.
The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.
Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.
“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”
She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.
Photo by Sam Doucette on Unsplash.