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Key Congressional Chairman Sends Marijuana Email To NORML Activists

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The chairman of the influential House Judiciary Committee authored a message to NORML’s email list on Monday—a notable signal of how the cannabis legalization movement has entered the mainstream corridors of power on Capitol Hill.

Rep. Jerrold Nadler (D-NY), who last month filed legislation to remove marijuana from the Controlled Substances Act and begin repairing the harms of prohibition enforcement, asked the advocacy group’s supporters to write their own members of Congress in support of his bill, the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act.

“America has a moral responsibility to pass my legislation to end the prohibition of marijuana and take on the oppression at the heart of the War on Drugs,” Nadler wrote. “I’m proud to work with NORML to create a more just national marijuana policy.”

The bill will “once and for all end the destructive policy of federal marijuana prohibition in America” and “remedy the widespread inequities and injustice this policy has brought upon tens of millions of Americans,” the chairman told the legalization group’s members.

Beyond descheduling cannabis, the MORE Act would create processes for the expungement and resentencing of prior convictions and prevent government agencies from blocking access to federal benefits or impeding citizenship status for immigrants due to marijuana use.

Additionally, it would levy a five percent federal tax on cannabis sales, with some revenue earmarked for job training and legal aid programs for people impacted by prohibition enforcement as well as loans for small marijuana businesses owned by socially and economically disadvantaged people.

Its introduction comes amidst what observers are saying is the most marijuana-friendly Congress in history. Less than eight months into the two-year session, dozens of cannabis proposals have been filed, seven hearings have been held on the issue and legislation to increase marijuana businesses’ access to banking services has cleared a key committee.

“With Chairman Nadler’s leadership, we believe that the MORE act will likely be the first bill to end federal marijuana criminalization ever to pass in a chamber of Congress,” NORML Political Director Justin Strekal said in an interview. “Representative democracy is not a spectator sport. Now is the time for the majority of Americans who support legalization to demand reform from their legislators, just as Mr. Nadler’s message to our members indicated.”

Sen. Kamala Harris (D-CA), a 2020 presidential candidate, filed a companion version of Nadler’s bill in the Senate.

“In 1977, I cast my first vote as a freshman member of the State Assembly to decriminalize marijuana in my home state of New York,” the chairman wrote to NORML’s supporters. “Since then, I have been committed to ending the criminalization of marijuana. The criminalization of marijuana is a mistake and caused grave harm, disproportionately to those who are poor or people of color, and we must take action.”

Nadler’s bill was endorsed by a group of justice-focused organizations such as ACLU and NAACP in a letter to House leaders earlier this month.

“Criminal justice involvement deprives individuals from low-income communities of color equal access to economic opportunity,” the groups wrote. “Incarceration robs families and communities of breadwinners and workers. Thus, any marijuana reform bill that moves forward in Congress must first address criminal justice reform and repair the damage caused by the war on drugs in low-income communities of color.”

Calling the proposal an important step “to bolster communities ravaged by the war on drugs,” the groups are pushing congressional leadership to see that it is “swiftly marked up and immediately scheduled for floor consideration” following the August recess.

“The hysteria around marijuana is starting to lift as states across the country lead the way in reforming their marijuana laws. It is time for the federal government to follow suit,” Nadler wrote in the new message to NORML’s list. “Marijuana is a public health and personal freedom issue, not a criminal one. We can no longer afford the moral or financial costs of the War on Drugs.”

The New York congressman sent a separate email to his own campaign list last month asking his supporters to sign a petition backing his cannabis bill.

Also last month, a Judiciary subcommittee held a hearing on marijuana prohibition at which members of both parties express broad support for ending or scaling back federal prohibition, with disagreement mostly focusing on the details or competing proposals to do so.

This piece was first published by Forbes.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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Federal Court Dismisses Suit Against DEA Over Marijuana Growing Applications

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A federal court dismissed a lawsuit against the Drug Enforcement Administration (DEA) on Friday after determining that the agency had fulfilled a requirement to process applications for research-grade marijuana manufacturers.

DEA was sued in June after declining to act on the more than two dozen applications that it received for approval to cultivate cannabis for research purposes. It’s been more than three years since the agency first announced it was opening the process to consider additional producers.

The suit, brought by the Scottsdale Research Institute (SRI), argued that the marijuana grown at the University of Mississippi—currently the only facility that’s federally authorized to cultivate the plant—is of poor quality, does not reflect the diversity of products available on the commercial market and is therefore inadequate for clinical studies.

Indeed, that’s a point that several policymakers have made, and it’s bolstered by research demonstrating that the federal government’s cannabis is genetically closer to hemp than marijuana that consumers can obtain in state-legal markets.

In July, the U.S. Court of Appeals for the District of Columbia Circuit ordered DEA to respond to the legal challenge within 30 days—and as that deadline approached in August, the agency published a notice in the Federal Register stating that it was taking steps to approve the pending applications.

Due to the volume of the applications, DEA said it would have to develop alternative rules to process them. And on Friday the court said that DEA had fulfilled its obligations and that the suit “is now moot.” While no applications have been approved to date, there’s a public comment period that will last until October 28 and then the agency will have an additional 90 days to take action on the inquiries.

“The Court dismissed our case because, according to the Court, DEA gave us the relief we had requested,” attorney Matt Zorn, who was involved in the suit, told Marijuana Moment. “Last week, on October 11, DEA published a correction to the notice it had previously published on August 26, two days before it had to respond to the Court’s order. The Court said this second notice meant there was nothing more the Court could give us.”

“The Court also declined to maintain jurisdiction over the case, because it did not find a history of chronic delay or bad faith in the record,” Zorn said. “But it also indicated that we could return to court if DEA significantly delays going forward.”

Sue Sisley, a researcher with SRI, said that despite the case being dismissed, it “moved the ball forward for everyone.”

“We would have liked to take the case one step further to ensure that all 33 applications are processed promptly—protecting the health and welfare of our nation’s medically ill patients ought to be a national priority for this administration,” she said. “By delaying these 33 applications, the administration has prevented our US scientists from investigating the clinical efficacy of real-world cannabis to treat combat veterans with PTSD. Fortunately, the Court’s order today allows us to return to court for additional relief if Trump’s DOJ/DEA continues to violate the law and put public health at risk through delay or otherwise.”

In a separate case in May, another federal court ordered DEA to “promptly” consider applications to reschedule cannabis under the Controlled Substances Act.

Read the appeals court’s ruling on the DEA marijuana application case below: 

DEA court ruling by Marijuana Moment on Scribd

CDC Official Pushes Back Against Congressman Linking Legal Marijuana To Vaping Deaths

Photo elements courtesy of rawpixel and Philip Steffan.

 

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Former VA Secretary Who Oversaw Marijuana Research Blockade Now Backs Cannabis Studies For Veterans

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Former U.S. Department of Veterans Affairs (VA) Secretary David Shulkin is officially on board with having the department research medical marijuana—a development that comes a year after he was in a position to actually make that happen.

In an interview with Task & Purpose that was published on Thursday, Shulkin said that “the time is now” for VA to facilitate studies into the therapeutic potential of cannabis for veterans.

“I believe that the VA should be involved in research on anything that could potentially help veterans and improve their health and well-being,” he said.

That appears to represent a notable departure from the position he held while he headed the department.

For example, VA under his leadership refused to provide assistance to an Arizona-based research facility that was soliciting veterans to participate in a federally approved clinical trial looking at the potential benefits of cannabis in the treatment of post-traumatic stress disorder (PTSD).

“Federal law restricts VA’s ability to conduct research involving medical marijuana, or to refer veterans to such research projects,” a VA official told Air Force Times in 2017. “The researcher is free to work with veterans service organizations and state veterans officials who may not face such restrictions to identify candidates for her study.”

But according to the Brookings Institute, that’s not an accurate assessment because “doctors and researchers at the VA or in VA hospitals could conduct research into the medical efficacy of marijuana while remaining completely compliant with federal laws, regulations, and the United States’ obligations under international agreements.”

While the former secretary still said during this latest interview that congressional action is necessary to prompt VA research efforts, he seems to have become decidedly more vocal about the importance of such studies as compared to his time in office.

“In particular, with the VA’s focus on suicide as the top priority, people just don’t take their lives because of no reason,” he said. “They take their lives, often because of issues related to chronic pain, depression, substance abuse, and there is growing evidence that medical marijuana—I’m not talking about recreational marijuana—but properly prescribed, may have some real benefits in anxiety improvement, in pain management, and potentially, in the issue of substance abuse.”

“And therefore, I believe it’s extremely appropriate for VA to be researching and developing therapies that can help veterans, particularly in areas where we don’t have enough good therapies or answers,” he said.

Task & Purpose followed up to ask about potential obstacles such to having VA conduct research into the issue, and Shulkin said that because marijuana is a federally controlled substance, “the challenge of doing research with the regulations, and the hoops that you have to go through, are making it too difficult to do for many of the researchers.”

“I do think that the way forward is a legislative solution, much of what VA responds to are changes in the law, where medical research for veterans in this area could be streamlined and clarity around what regulations and rules need to be followed to be able to do this research, as well as guidance about the type of research that can and should be done, which reports back to Congress.”

He added that he doesn’t anticipate that President Trump would resist legislation empowering VA to study marijuana for veterans.

Brad Burge, director of strategic communication at the Multidisciplinary Association for Psychedelic Studies (MAPS), the group behind the study into cannabis for PTSD, told Marijuana Moment that they are “pleased that Shulkin has now expressed his support for medical marijuana research, even though that support would have been much more valuable when he was still in office.”

“Nevertheless we are looking forward to the VA’s support of marijuana research and see Shulkin’s change of stance as a promising sign for veterans suffering from PTSD,” Burge said.

It wasn’t just that Shulkin’s VA put up roadblocks to cannabis research, he also resisted providing veterans with access to marijuana by declining to change internal VA policy that could empower its doctors to issue recommendations in states where it’s legal.

The reasoning, he said in 2017, is that it’s “not within our legal scope to study that in formal research programs or to prescribe medical marijuana, even in states where it’s legal” because of federal law. But advocates argued that the only thing standing in the way of VA cannabis research is VA policy itself, which Shulkin could have amended.

Getting a VA cannabis reform bill passed as the former official is now recommending has already proved difficult this year, with current VA officials voicing opposition during a congressional committee hearing in June to modest proposals such as allowing their doctors to recommend cannabis or even surveying veterans about their marijuana use.

Rep. Earl Blumenauer (D-OR) said that same month that he pulled an appropriations amendment to allow for VA marijuana recommendations from floor consideration partly because of opposition from the department.

Former FDA Chief Wants Federal Government To Regulate State Marijuana Markets

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Mexican Committees Unveil Marijuana Legalization Bill Ahead Of Supreme Court Deadline

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Several Mexican Senate committees unveiled draft legislation late on Thursday to legalize marijuana.

Leaders of the Health, Justice, Public Security and Legislative Studies Committees announced last week that they would remain in permanent session to finalize the legalization bill ahead of a coming Supreme Court deadline.

The court determined last year that the country’s ban on personal cannabis consumption and cultivation is unconstitutional, though lawmakers now want to go even further by legalizing commercial production and sales.

The committees are expected to formally vote on the legislation in the coming days, after which point it will head to the full Senate and then the Chamber of Deputies. Leaders said a vote in the legislature could occur before the end of the month, though it’s possible they could ask the Supreme Court for a deadline extension.

Cáñamo México first reported on the 42-page draft proposal on Friday.

Here are some of the key provisions, according to a translation: 

—Adults 18 and older can possess cannabis for personal use, cultivate up to four plants and purchase marijuana from licensed retailers.

—An independent body called the “Cannabis Institute” would be charged with issuing licenses, setting potency limits and monitoring the implementation of the law, among other responsibilities.

—Low-income individuals, small farmers and indigenous people would have licensing priority.

—Strict restrictions would be imposed on cannabis packaging. That includes requiring nondescript, standardized containers that do not feature depictions of real or fictional people or testimonials.

—Marijuana can only be consumed in private spaces.

—Only medical cannabis patients would be allowed to purchase infused edibles and beverages.

—Unregistered seeds or plants would be subject to forfeiture.

—No pesticides could be used on cannabis plants.

The bill seeks to “improve the living conditions of people living in the United Mexican States, combat the consequences of the problematic use of cannabis and reduce the crime incidence linked to drug trafficking [while] promoting peace, the security and well-being of individuals and communities,” according to the text.

Sen. Julio Menchaca Salazar, head of the Justice Committee, said in a tweet that “we are legislating to regulate the illicit market of the #marihuana and decrease the crime incidence linked to the #narcotráfico, promoting peace and security for all Mexicans.”

Lawmakers have said that the legislation is largely based on a proposal that Interior Secretary Olga Sánchez Cordero filed last year while still serving as a senator, but the committees are also merging in provisions from among more than a dozen other marijuana reform bills that since have been introduced.

“They all have something good that we can be translating into law,” Menchaca Salazar, who is a member of the ruling MORENA party, said.

Debate on the measure will also be informed by findings from a series of events the Senate organized to gather public input on marijuana legalization. That includes a panel led by a former White House drug czar, who stressed the need for “robust regulations” of a legal cannabis market.

The leader of the MORENA party in the Senate, Sen. Ricardo Monreal, said earlier this month that the chamber was set to vote on a legalization bill ahead of the October 24 deadline.

“It will undoubtedly be a great discussion with the elements we have and also with all the willingness to incorporate the opinions of legislators, but it would come out this month, there are the conditions for that to be,” Menchaca Salazar said.

Read the full text of the Mexican committees’ marijuana legalization proposal below: 

Predictamen para crear la ‘… by Tonalidades Verde on Scribd

This story is developing and will be updated.

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