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IRS Targeted Marijuana Nonprofits For Greater Scrutiny

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The Internal Revenue Service (IRS) scrutinized nonprofits working on medical marijuana issues more closely than other organizations that applied for tax-exempt status, a new federal report reveals.

“The IRS identified the Medical Marijuana organizations for further scrutiny because of concerns that they were engaging in activities that were not permissible under tax-exempt law,” the Treasury Inspector General for Tax Administration (TIGTA) said in a review released Thursday. “Specifically, some States were legalizing the use of medical marijuana, but it was illegal under Federal law so the organizations did not meet the requirements for Federal tax exemption.”

But many of the organizations that applied for IRS tax-exempt status focus on education around cannabis policy issues and aren’t actively involved in touching the plant. Nonetheless, because of internal Be On the Look Out (BOLO) alerts that agency officials sent, some of those organization’s applications were unnecessarily delayed, and they were asked to answer inappropriate questions.

“All of the Medical Marijuana cases took longer than average to process compared to the IRS’s overall average for non-merit cases in each fiscal year,” the review found. “We determined that all 10 organizations whose applications we confirmed were processed based on the Medical Marijuana criterion received letters requesting additional information to complete processing of their application. We reviewed these additional request letters and determined that four of the organizations received a request for information that TIGTA had concluded was unnecessary for processing political advocacy cases in our prior review.”

All of the heightened marijuana scrutiny flagged in the document occurred during the Obama administration.

The new report also looks at other keywords for which IRS officials flagged applications, including green energy, healthcare legislation, occupy and progressive. It is a followup to an early review that stemmed from revelations that the IRS had unfairly targeted conservative-leaning groups’ applications for heightened scrutiny.

The development was first reported by the Washington Post, which obtained a draft of the report ahead of its official release.

The existence of the IRS’s internal flag on medical marijuana-related applications was first revealed as part of documents that Congressional Democrats obtained and released in 2013.

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Politics

GOP Congressman: Legal Marijuana Has “Possibility To Create Jobs”

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Legalizing marijuana might be a way to help lift rural areas of Virginia out of poverty, a Republican who represents part of the state in Congress says.

“The lands out in Southwest are conducive to be able to grow that for medicinal purposes, or whatever it is, for other research purposes, and even recreational use for some areas, if Virginia chooses to legalize it in that way,” Congressman Scott Taylor said on Wednesday. “And if Virginia goes that way I think there is the possibility to create jobs down in the Southwest.”

Taylor, who was answering a caller’s question during an appearance on C-SPAN’s Washington Journal, added that he supports letting states set their own cannabis laws without federal interference.

“I think we should decriminalize it and leave it up to the states,” he said. “I do believe it’s a state decision, not a federal decision.”

Taylor, a freshman member of Congress, is a cosponsor of a pending House bill to remove marijuana from the Controlled Substances Act.

“When I was in the state House we voted to legalize industrial hemp, which is also another product that would grow well in Southwest just as tobacco did,” Taylor added. “So I think there’s product there.”

Advocates believe that Virginia has a good chance of decriminalizing cannabis in 2018. Incoming Gov. Ralph Northam, A Democrat, spoke often about cannabis on the campaign trail, consistently describing criminalization’s impact in stark racial justice terms.

New Virginia Governor Pledges Marijuana Decriminalization

Republican Senate Majority Leader Tommy Norment has announced he will file a decriminalization bill when the new legislative session begins in January.

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Vermont Will Legalize Marijuana Within Weeks, Officials Indicate

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Vermont appears poised to become the next state to legalize marijuana. And, according to top elected officials, it is likely to do so within a matter of weeks.

Last week, House Speaker Mitzi Johnson, a Democrat, said she expects “it likely will pass in early January.” Days earlier, Gov. Phil Scott, a Republican, said he is “comfortable” signing a cannabis legalization bill into law in early 2018. And on Thursday, Senate President Pro Tempore Tim Ashe, a member of the Progressive Party, said he and his colleagues “look forward to working with the governor to make sure that that bill gets to the finish line.”

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of M a n u e l.

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Here’s What Jeff Sessions Discussed In Secret With Anti-Marijuana Activists

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Last week, U.S. Attorney General Jeff Sessions held a behind-closed-doors meeting about marijuana with anti-legalization activists.

Now, thanks to the fact that Sessions inadvertently showed an agenda for the meeting to a TV camera that was in the room to capture introductions — along with some high-tech sleuthing — we know what the prohibitionists discussed in secret after reporters were kicked out.

A Twitter user with the handle @MentalMocean was able to enhance a screen capture of the document that Marijuana Moment posted.

Enhanced photo.

The document appears to read:

Agenda

Bertha Madras: Marijuana is not a substitute for opiates as a pain medication.

Dr. Hoover Adger: The harm from today’s marijuana.

Dr. Bob DuPont: The effect of marijuana on drugged driving.

David Evans: The role that the Food and Drug Administration can and should [obscured]

[obscured] The organizations you can speak for and what you and they are [obscured] people from recreational marijuana use.

[obscured] law enforcement thinks of the commercialization of [obscured] law enforcement would support an enforcement initiative.

[obscured] course of marijuana commercialization in the states if the [obscured] not intervene.

The enhanced photo makes clear that the anti-legalization activists made a concerted pitch during meeting to convince Sessions to launch a federal crackdown on states that have ended cannabis prohibition.

In attendance, according to video of the opening introductions captured by a pool photographer and posted by C-SPAN, were:

  • Edwin Meese III, U.S. attorney general under the Reagan administration
  • Kevin Sabet, president and CEO of Smart Approaches to Marijuana
  • Bertha Madras, a former Office of National Drug Control Policy staffer and a member of President Trump’s Commission on Combating Drug Addiction and the Opioid Crisis
  • Robert DuPont, former director of the National Institute on Drug Abuse
  • David Evans, executive director of the Drug Free Schools Coalition
  • Dr. Hoover Adger, Johns Hopkins Hospital

“I think it’s a big issue for America, for the country, and I’m of the general view that this is not a healthy substance,” Sessions said at the beginning of the gathering. “I think that’s pretty clear. And then have the policy response that we and the federal government needs to be prepared to take and do so appropriately and with good sense.”

“I appreciate the opportunity to hear your analysis on marijuana and some of the related issues,” Sessions told the group. “I do believe, and I’m afraid, that the public is not properly educated on some of the issues related to marijuana. And that would be a matter that we could, all of us together, maybe be helpful in working on and that would allow better policy to actually be enacted.”

The group’s roundtable discussion itself, which took place after initial introductions, was closed to the press.

The gathering comes as the Justice Department’s overall position on marijuana policy remains uncertain. Sessions has in recent weeks sent mixed signals about his plans for federal marijuana enforcement under the Trump administration.

Last month, he testified before Congress that an Obama-era Justice Department memo that generally allows states to implement their own marijuana laws without interference remains in effect. But he separately told reporters at a briefing that his department is actively conducting talks about potential changes to the policy.

Photo courtesy of Gage Skidmore.

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