Connect with us

Politics

Key GOP Chairman Supports New Marijuana Research Bill

Published

on

New legislation being filed this week by a bipartisan coalition of Republicans and Democrats — including the chair of the powerful House Judiciary Committee — would remove several key federal roadblocks to research on marijuana.

“Not later than 1 year after the date of enactment of the Medical Cannabis Research Act of 2018…the Attorney General shall register…at least 2 applicants to manufacture cannabis for legitimate research purposes,” reads the text of a bill obtained by Marijuana Moment that is slated to be introduced on Thursday with the support of Judiciary Chairman Bob Goodlatte (R-VA).

In subsequent years, the attorney general would be required to license at least three additional cannabis manufacturers annually.

For decades, all cannabis used for studies in the U.S. has been grown at a single farm at the University of Mississippi. Researchers have long argued that it is difficult to access cannabis from the facility, and that the product is often of low quality.

In 2016, the Drug Enforcement Administration enacted a new policy intended to license more research cultivators, and he agency has reportedly since received at least 25 applications to participate in the new program. But it has not yet acted on any of them and, according to the Washington Post, that is because top Justice Department officials have stepped in to prevent DEA from approving any proposals.

The new legislation would force the attorney general’s hand.

A fact sheet circulated by the office of Congressman Matt Gaetz (R-FL), the lead sponsor of the bill, says that the existing cannabis research supply is “extremely subpar.”

“It is weak and often moldy, which can cause illness. In addition to being subpar, federally-grown cannabis is scarce; there is not enough product,” the document says.

The new bill would also create a “safe harbor” from federal law for universities and other research institutions that want to study marijuana. And it would clarify that doctors with the U.S. Department of Veterans Affairs are allowed to refer military veterans to studies on cannabis’s medical benefits.

Bloomberg first reported that Goodlatte was supporting the bill.

On Tuesday night, Gaetz and other lawmakers took to the House floor to voice support for marijuana law reform.

Bipartisan Marijuana Speechathon On House Floor

“Even though VA doctors/staff are not prohibited from sharing information about federally-approved cannabis clinical trials with patients, many VA offices believe mentioning these trials is illegal,” Gaetz’s fact sheet says. “This legislation codifies that healthcare providers at the VA are authorized to provide information about federally-approved cannabis clinical trials, and they are also allowed to fill out forms for veterans to participate in these trials.”

Besides Goodlatte, other initial cosponsors include Steve Cohen (D-TN), Alcee Hastings (D-FL), Darren Soto (D-FL), Dana Rohrabacher (R-FL), Karen Handel (R-GA), Earl Blumenauer (D-OR), Scott Taylor (R-VA), Carlos Curbelo (R-FL), Dina Titus(D-NV), Tom McClintock (R-CA), Ileana Ros-Lehtinen (R-FL), Darrell Issa (R-CA) and Barbara Lee (D-CA).

See below for the full section-by-section bill analysis circulated by Gaetz’s office:

Section 1: Title

Section 2: INCREASING THE NUMBER OF FEDERALLY-REGISTERED MANUFACTURERS OF CANNABIS FOR LEGITIMATE RESEARCH PURPOSES

PROBLEM: Currently, all federally-approved studies of medical cannabis get their product from one source, and it is extremely subpar. It is weak and often moldy, which can cause illness.

SOLUTION: this section requires there to be at least three federally-approved manufacturers of cannabis for legitimate research purposes.

The license to be a federally-approved manufacturer would be one year, with the (rare) exception of producers who wish to initiate a multi-year study or clinical trial.

Manufacturers would have to pass stringent background checks and meet a strict set of criteria, including growing at least ten different strains, and being able to test for at least 12 different cannabinoids. We must ensure that federally-approved growers are safe, will not run out of product, and are prepared to meet the needs of current and future researchers.

The strict standards set forth for medical cannabis manufacturers are not applied to other, non-research-based cannabis businesses. Keeping “research cannabis” separate means this legislation does not interfere with federal laws, state laws, or law enforcement. This bill makes no changes to the legal status of cannabis.

By ending the current monopoly on research-grade medical cannabis, and by improving choice among growers, research will be easier and better.

In addition to being subpar, federally-grown cannabis is scarce; there is not enough product. This section requires the Attorney General to annually assess whether there is an adequate and uninterrupted supply of research-grade cannabis.

Even though the DOJ is required to process new applicants for growing cannabis, they have dragged their feet, and a huge backlog of applications has built up. This section requires DOJ/DEA to act on any application to manufacture cannabis within one calendar year.

Some institutions (like universities) want to research cannabis, but cannot do so because cannabis research threatens their federal funding. This section includes “safe harbor” for researchers and institutions studying cannabis, and for patients in federally-approved medical cannabis clinical trials.

Section 3: PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS OF INFORMATION REGARDING VETERAN PARTICIPATION IN FEDERALLY-APPROVED CANNABIS CLINICAL TRIALS

PROBLEM: even though VA doctors/staff are not prohibited from sharing information about federally-approved cannabis clinical trials with patients, many VA offices believe mentioning these trials is illegal.

SOLUTION: this section codifies that healthcare providers at the VA are authorized to provide information about federally-approved cannabis clinical trials, and they are also allowed to fill out forms for veterans to participate in these trials.

This section also clarifies that VA employees are allowed to receive information about cannabis clinical trials from researchers.

Finally, this section says that VA researchers (who are eligible to research Schedule 1 substances) may do research on cannabis.

This section provides clarity to VA employees, and allows VA researchers to study cannabis.

­­­

This bill is not a pathway to legalization, nor does it change the legal status of cannabis. It simply makes it easier to conduct federally-approved research. Many people say that we can’t change cannabis laws without doing more research. Fair enough. This legislation simply makes cannabis research safer, better, and more accessible.

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 20-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.)

Politics

Colorado Could Vote On Marijuana Tax Hike To Fund Education Programs After Campaign Submits Signatures

Published

on

A Colorado campaign appears to have submitted enough signatures to place a ballot initiative before voters in November that would raise marijuana taxes to fund programs that are designed to reduce the education gap for low-income students.

The Colorado Learning Enrichment and Academic Progress (LEAP) measure would give low- and middle-income families a $1,500 stipend to have school-aged children participate in after-school programs, tutoring and summer learning activities.

The state excise tax on sales adult-use cannabis products would increased from 15 percent to 20 percent to fund the effort.

Supporters say this policy is especially needed as a response to the coronavirus pandemic, which has exacerbated income-related learning gaps for students. But some marijuana industry stakeholders—and even the state’s largest teachers union—have expressed concern about the proposal.

In any case, the LEAP campaign turned in about 200,000 signatures for the measure to the secretary of state’s office on Friday. It only needs 124,632 valid signatures to qualify.

Monica Colbert Burton, a LEAP campaign representative, told Colorado Public Radio that the sizable signature turn-in “really demonstrates the broad support around the state for this issue.”

“The learning loss that we’ve seen during the pandemic is so much higher than we’ve ever seen before particularly for our low-income families and our students that don’t have access to the same resources,” Colbert Burton said.

Beyond imposing the extra five percent tax on cannabis, the initiative also calls for a repurposing of state revenue that it generates from leases and rents for operations held on state land. Advocates estimate that the measure would translate into $150 million in additional funding annually.

But according to an analysis from Westword, adding the tax to the existing 15 percent special tax would’ve only created $80 million in added revenue based on 2020 sales figures.

Some stakeholders and cannabis advocates have come out strongly against the proposal.

“That this initiative is being pushed at a moment in Colorado when the cannabis industry is trying to create more equity and bring economic growth to marginalized communities harmed by the racist Drug War is especially tone deaf,” Hashim Coates, executive director of the trade group Black Brown and Red Badged, said in a press release. “But that is to be expected when the backers of this measure are affluent white men.”

“Let’s just be perfectly clear: this is a regressive tax—which always harms Black and Brown consumers the most. This is going to a voucher program—which always harms Black and Brown communities the most,” Coates said. “And it’s targeting the marijuana industry as a magical bottomless piggy bank—which will devastate the Black and Brown owned cannabis businesses the most. Can we just let the black community breathe for a moment after this pandemic before we start taxing them to death?”

The measure is being endorsed by a two former governors, about 20 sitting state lawmakers, several former legislative leaders and several other educational organizations.

But in June, the Colorado Education Association withdrew its support for the proposal over concerns about how it would be implemented.

The next step for the initiative is for the secretary of state’s office to verify that there are enough valid signature in the batch LEAP supporters turned in.

This development comes days after Colorado officials announced the launch of a new office to provide economic support for the state’s marijuana industry.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

The division, which was created as part of a bill signed into law in March, is being funded by cannabis tax revenue. It will focus on creating “new economic development opportunities, local job creation, and community growth for the diverse population across Colorado.”

Gov. Jared Polis (D) had initially asked lawmakers back in January to create a new a new cannabis advancement program as part of his budget proposal.

Beyond this program, the state has worked to achieve equity and repair the harms of prohibition in other ways.

For example, Polis signed a bill in May to double the marijuana possession limit for adults in the state—and he directed state law enforcement to identify people with prior convictions for the new limit who he may be able to pardon.

The governor signed an executive order last year that granted clemency to almost 3,000 people convicted of possessing one ounce or less of marijuana.

Funding for the new office is made possible by tax revenue from a booming cannabis market in the state. In the first three months of 2021 alone, the state saw more than half a billion dollars in marijuana sales.

The lack of access to federal financial support for marijuana businesses became a pronounced issue amid the coronavirus pandemic, with the Small Business Administration saying it’s unable to offer those companies its services, as well as those that provide ancillary services such as accounting and law firms.

Polis wrote a letter to a member of the Colorado congressional delegation last year seeking a policy change to give the industry the same resources that were made available to other legal markets.

California Senator Seeks Federal Clarification On Medical Marijuana Use In Hospitals

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.
Continue Reading

Politics

California Senator Seeks Federal Clarification On Medical Marijuana Use In Hospitals

Published

on

A California senator is asking the head of the U.S. Department of Health and Human Services (HHS) to provide clarification on whether hospitals and other healthcare facilities in legal marijuana states can allow terminally ill patients to use medical cannabis without jeopardizing federal funding.

State Sen. Ben Hueso (D) on Thursday sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure inquiring about the policy. Confusion about possible implications for permitting marijuana consumption in health facilities led pro-legalization Gov. Gavin Newsom (D) to veto a bill meant to address the issue in 2019.

Hueso refiled a nearly identical version of the legislation for this session, and it’s already passed the full Senate and one Assembly committee. It’s now awaiting action on the Assembly floor before potentially being sent to Newsom’s desk.

“Ryan’s Law would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief,” the senator wrote in the letter to the federal officials, with whom he is asking to meet to discuss the issue. “Currently, whether or not medical cannabis is permitted is left up to hospital policy, and this creates issues for patients and their families who seek alternative, more natural medication options in their final days.”

Hospitals that receive CMS accreditation are generally expected to comply with local, state and federal laws in order to qualify for certain reimbursements. And so because marijuana remains federally illegal, “many healthcare facilities have adopted policies prohibiting cannabis on their grounds out of a perceived risk of losing federal funding if they were to allow it.”

But Hueso said that his office received a letter from CMS several months ago stating that there are no specific federal regulations in place that specifically address this issue and that it isn’t aware of any cases where funding has been pulled because a hospital allows patients to use medical cannabis.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Additionally, because the Justice Department has been barred under annually renewed spending legislation from using its funds to interfere in the implementation of state-level medical marijuana programs, the senator said, “we believe the risk of federal intervention is little to none.”

“This confirmation from CMS been quite a breakthrough and we are optimistic it will alleviate the Governor’s concerns,” the letter continues. “However, I want to underscore that, prior to receiving this response, even the Governor of California was under the impression that CMS rules prohibited hospitals and healthcare facilities from allowing medical cannabis use.”

“Undoubtedly other states are struggling with this issue, too,” it says. “As more states decriminalize cannabis and even create recreational markets, we must not forget to also update the books for the most important consumers of all—patients.”

“While ideally the federal government will remove cannabis from its Schedule I designation, I appreciate that this is a lengthy and complex process. In the interim, it would be extremely helpful if you could provide clarification that assures Medicare/Medicaid providers that they will not lose reimbursements for allowing medical cannabis use on their premises. This clarification would go a long way to help hospital staff, security, above all, patients.”

Becerra, while previously serving as California attorney general and as a member of Congress, demonstrated a track record of supporting marijuana law reform.

Meanwhile, there are efforts in both chambers of Congress to end federal marijuana prohibition.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are currently soliciting feedback on draft legalization legislation they introduced this month.

Meanwhile, a separate House bill to federally legalize marijuana and promote social equity in the industry was reintroduced in May.

The legislation, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), was filed with a number of changes compared to the version that was approved by the chamber last year.

Read the letter from the California senator to Becerra below: 

Marijuana hospital letter t… by Marijuana Moment

Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’

Photo courtesy of Mike Latimer.

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.
Continue Reading

Politics

Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’

Published

on

A top Rhode Island lawmaker says that while there’s not yet a consensus among legislators and the governor on a bill to legalize marijuana, it’s still a “workable” issue and would be prioritized if a special session is convened this fall.

House Speaker Joe Shekarchi (D) told The Public’s Radio that it’s “possible” that a special session will be held later in the year after lawmakers failed to reach a deal on competing reform proposals.

“It really depends if we can come to some kind of resolution of consensus on a couple of major bills,” he said, referring to cannabis and a handful of other issues. “If we can, we certainly would come back.” But if not, members will continue to discuss the proposals and prepare to take them up at the start of the next session in January.

“Unfairly, sometimes I have or the House gets blamed for stopping the legalization of recreational use of marijuana, when in reality there is no consensus,” he said. “If we can come to some closeness, in the several different proposals, then we’ll move some kind of legislation. But if not, it just needs more work—and it’s very workable, so it’s very much something that can happen, we just have to put the effort in and make it happen.”

Listen to the speaker discuss the marijuana legalization plan, about 1:00 into the audio  below: 

Shekarchi similarly told Marijuana Moment in an email earlier this week that he’s “not opposed to the legalization of recreational marijuana,” but “there have been very divergent proposals offered by Representative Scott Slater, the Senate, the governor and various advocacy groups.”

“As I have done with other issues, my role will be to bring the parties together and see if we can reach a consensus,” he said. “I will be working on the issue this summer and fall, and if an agreement can be reached, it is possible that one piece of legislation will be brought before the legislature for future consideration. But there is a lot of work to be done to reach consensus.”

Shekarchi and other top lawmakers have previously said they will work this summer to try to reach a compromise on the differing provisions of the competing legalization plans.

Senate President Dominick Ruggerio (D) said earlier this month that he’s not disappointed the House hasn’t advanced legalization legislation yet and that “what we really wanted to do was send it over and have them take a look at it” when his chamber passed a cannabis reform measure last month.

Shekarchi previously said that he feels reform is “inevitable.”


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A key disagreement between the House, Senate and governor’s office concerns who should have regulatory authority over marijuana. Ruggerio was pressed on the issue during the recent interview and said members of his chamber agree that “a separate commission is the way to go with respect to this.”

The House and Gov. Dan McKee (D), on the other hand, want the program to be managed by the state Department of Business Regulation (DBR). Ruggerio noted that “it was difficult to negotiate on a bill when the House bill really didn’t come until late in the session.”

Asked whether he felt the legislature and governor could come to an agreement despite the differences, Senate Majority Leader Mike McCaffrey (D) said this month that “that’s what our goal is.”

“Obviously there’s some issues that different people have relative to different categories of licenses and things like that and how we’re rolling them out,” he said. “Are we going to limit them? what type of equity are you going to give to the different people in different communities so that they can get into the business? And social equity and things of that nature.”

McCaffrey was also asked about provisions related to allowing local municipalities to opt out of allowing marijuana businesses to operate in their area. He said “once the legislation is passed and whatever form is passed in, the communities have an opportunity to opt out.”

“They have an opportunity to opt out if the community doesn’t want to participate in it,” he said. “That’s their decision—however, they don’t get the funds that would come from the sales in that community.”

The majority leader also noted that neighboring states like Connecticut and Massachusetts have enacted legalization, and that adds impetus for the legislature to pursue reform in the state. .

Shekarchi, meanwhile, said this month that he doesn’t intend to let regional pressure dictate the timeline for when Rhode Island enacts a policy change. But it is the case that legalization has now gone in effect in in surrounding states like Connecticut and Massachusetts.

“I’m not in any hurry to legalize marijuana for the sake of legalizing it. I want to do it right,” he said. “It doesn’t matter to me if we’re the last state in the union to legalize it or we never legalize it, but I need to do it right.”

Social equity, licensing fees, labor agreements and home grow provisions are among the outstanding matters that need to be addressed, Shekarchi said.

These latest comment come weeks after the state Senate approved a legalization bill from McCaffrey and Health & Human Services Chairman Joshua Miller (D), which was introduced in March. The governor also came out with his own legalization proposal shortly thereafter.

A third Rhode Island legalization measure was later filed on the House side by Rep. Scott Slater (D) and several cosponsors. The House Finance Committee held a hearing on the measure last month.

The governor, for his part, told reporters that while he backs legalization it is “not like one of my highest priorities,” adding that “we’re not in a race with Connecticut or Massachusetts on this issue.”

“I think we need to get it right,” he said, pointing to ongoing discussions with the House and Senate.

The House Finance Committee discussed the governor’s proposal to end prohibition at an earlier hearing in April.

Both the governor and the leaders’ legalization plans are notably different than the proposal that former Gov. Gina Raimondo (D) had included in her budget last year. Prior to leaving office to join the Biden administration as commerce secretary, she called for legalization through a state-run model.

McKee gave initial insights into his perspective on the reform in January, saying that “it’s time that [legalization] happens” and that he’s “more leaning towards an entrepreneurial strategy there to let that roll that way.”

Shekarchi, meanwhile, has said he’s “absolutely” open to the idea of cannabis legalization and also leans toward privatization.

Late last year, the Senate Finance Committee began preliminary consideration of legalization in preparation for the 2021 session, with lawmakers generally accepting the reform as an inevitability. “I certainly do think we’ll act on the issue, whether it’s more private or more state,” Sen. Ryan Pearson (D), who now serves as the panel’s chairman, said at the time.

Meanwhile, the governor this month signed a historic bill to allow safe consumption sites where people could use illicit drugs under medical supervision and receive resources to enter treatment. Harm reduction advocates say this would prevent overdose deaths and help de-stigmatize substance misuse. Rhode Island is the first state to allow the facilities.

The Senate Judiciary Committee also held a hearing in March on legislation that would end criminal penalties for possessing small amounts of drugs and replace them with a $100 fine.

Ohio Lawmakers Officially File Marijuana Legalization Bill In Historic First For The State

Photo courtesy of WeedPornDaily.

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.
Continue Reading
Advertisement

Marijuana News In Your Inbox

Support Marijuana Moment

Marijuana News In Your Inbox

Marijuana Moment