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.
“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.
Pennsylvania Senators Release Details On Marijuana Legalization Bill
Details of a soon-to-be introduced bill that would legalize marijuana in Pennsylvania were released on Monday.
The legislation, which is being sponsored by Sens. Daylin Leach (D) and Sharif Street (D), places an emphasis on not only legalizing cannabis for adult use but also implementing a variety of social equity and small business-focused provisions, according to an outline of the proposal.
Under the heading “Innovation,” the document details how the state’s medical cannabis seed-to-sale tracking system would be eliminated, home delivery and public consumption sites would be permitted and universities would be allowed to grow and process cannabis as part of classes on the marijuana industry.
Home cultivation of up to six cannabis plants per household would also be allowed.
While the tax rate for retail marijuana sales is not specified in the outline, and the formal legislative language has not yet been filed, the goal will be to set a rate that “balances the need to undermine any illegal market and the needs to both pay for regulation of the industry and invest in those harmed by prohibition.” Most of the revenue from those taxes will go toward funding public education programs.
“We’ve had a cruel, irrational and expensive policy on cannabis for more than 80 years,” Leach said in a press release. “Prohibition has destroyed countless lives and has cost our taxpayers millions of dollars. It’s time we walk into the bright sunshine of enlightenment and stop arresting our kids and funding violent drug cartels.”
“This will be a tough battle, but so was passing medical marijuana. We did that, and we will do this. The stakes are too high for us to fail.”
It's official. After months of work, Senator Street and I have dropped our Adult-Use Cannabis co-sponsorship memo. If you'd like to see what's in it, you can look here. Now, we need everyone's help getting it passed! #CannabisCommunity #CannabisNews https://t.co/D5m5uJjGFK
— Daylin Leach (@daylinleach) March 18, 2019
On the business side of things, there wouldn’t be a cap on the number of marijuana business licenses that could be approved. Micro licenses for cannabis cultivation would be available in a three-tier system, which is meant to help people from communities that have been disproportionately impacted by the drug war participate in the legal industry.
According to a cosponsorship memo, the legislation would create a “statewide cannabis business incubator that provides free training to Pennsylvanians who want to learn how to start and run a cannabis business.” People who’ve been harmed by prohibition and complete the incubator program would also have access to state grants and low-interest capital loans.
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Restorative Justice must be a part of any effort to legalize the use of cannabis anywhere. An end to the prohibition of cannabis in Pennsylvania is overdue. The economic imperatives for our commonwealth are too great as is our moral mandate to correct the damage that disparate enforcement of our Marijuana Laws has done throughout numerous communities in Philadelphia and across the commonwealth. Join me in passing Senate Bill 350. Visit www.senatorsharifstreet.com/sb350 to learn more about this historic legislation. #Letsgrowpa #legalizepa
“An end to the prohibition of cannabis is overdue,” Street said. “It is time for us to join the emerging cannabis economy with the legalization of the Adult Use of Cannabis in PA., which should not be a crime when responsibly used by adults nor mandate medical oversight.”
“The economic imperatives are too great. We also have a moral mandate to correct the damage that disparate enforcement of our Marijuana Laws has done and is still doing to communities across the commonwealth.”
An end to the prohibition of cannabis in PA is overdue, the economic imperatives equal the moral mandate to correct damage that disparate enforcement of Marijuana laws has done throughout numerous communities.
Visit https://t.co/vYCHYGmIXK #legalizepa #letsgrowpa #CannabisNews pic.twitter.com/ClzHBen5Ou
— Sen. Sharif Street (@SenSharifStreet) March 18, 2019
A separate bill to legalize marijuana in the state was introduced in the House last month. It currently has 27 cosponsors. It remains to be seen whether such legislation has enough support to pass in either Republican-controlled chamber of the legislature.
That said, Gov. Tom Wolf (D) recently shifted from saying the state is not ready for legalization to arguing that “it is time for Pennsylvania to take a serious and honest look at recreational marijuana.”
In the meantime, Lieutenant Gov. John Fetterman (D), who is vocally supportive of legalization and was endorsed by NORML in his election bid last year, is in the process of visiting all of the state’s 67 counties as part of a listening tour that’s meant to collect public input on marijuana reform.
.@JohnFetterman wants to know what every Pennsylvanian thinks about legalizing recreational marijuana. That's why he's going on a listening tour to all 67 PA counties. Stay tuned for dates and details on how to submit your thoughts. pic.twitter.com/buqOwi4B2F
— Governor Tom Wolf (@GovernorTomWolf) January 24, 2019
“Cannabis prohibition was built on lies and racism and has resulted in literally hundreds of thousands of Pennsylvanians suffering criminal convictions merely because they chose a plant instead of an alcoholic beverage,” Pittsburgh NORML executive director Patrick Nightingale said in the press release. “Adult-use reform will save almost 20,000 Pennsylvanians from arrest and prosecution annually. Reform will also help affected Pennsylvanians expunge cannabis-related offenses from their record.”
“We are confident that an open and honest conversation about the risks and rewards of adult-use reform will help those critical of legalization to understand that it can be done responsibly and in a manner that protects our youth and our motorists,” he said.
Photo courtesy of Mike Latimer.
Trump Budget Proposes Loosening DC Marijuana Legalization Restrictions
A budget request released by the White House on Monday proposes scaling back restrictive language that has prevented the city of Washington, D.C. from spending its own money to legalize and regulate the sale of recreational marijuana.
While District of Columbia voters approved a ballot measure in 2014 that makes it legal to possess and grow small amounts of cannabis, there is no mechanism by which consumers can legally buy marijuana in the nation’s capital (outside of medical cannabis dispensaries that only serve registered patients). That’s because although D.C. councilmembers and Mayor Muriel Bowser (D) would like to add in a legal sales component, longstanding congressional appropriations riders have blocked them from doing so.
In 2017, Congress tightened up the ban even further, taking away a potential loophole that city leaders had considered using to support a commercial legalization system.
But President Trump’s Fiscal Year 2020 budget request asks Congress to revert to an earlier, less-restrictive version of the language that leaves the workaround on the table as an option.
The relevant section of the new document reads:
“SEC. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
“(b) None of the funds contained in this Act may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.”
Two years ago, Congress changed that second subsection to instead bar use of funds “available for obligation or expenditure by the District of Columbia government under any authority” to lower penalties for cannabis.
The reason that matters is because under the “none of the funds contained in this Act” version, the city would still be able to use separate contingency reserve funds to pay for legalization even while monies contained in the annual appropriations legislation would be restricted.
It’s unclear if White House officials consciously made the change to the earlier, less-restrictive version or if staffers inadvertently did so by simply copying and pasting language from prior budgets. Trump’s FY19 request made the same proposed change, but Congress, through a series of continuing resolutions and omnibus appropriations legislation, has extended the more expansive “under any authority” language through at least this September.
The House and Senate Appropriations Committees will soon begin crafting their own spending bills for FY20, and legalization advocates expect that the new House Democratic majority will propose removing all restrictions on D.C.’s ability to spend its own money on cannabis policy changes and implementation.
Trump’s new budget request also proposes cutting funding for the White House Office of National Drug Control Policy—commonly referred to as the drug czar’s office—by more than 93 percent by moving its key projects, the High Intensity Drug Trafficking Areas and Drug-Free Communities programs, to the Department of Justice and the Substance Abuse and Mental Health Services Administration, respectively.
Trump’s FY2019 request made a similar request, but it was rejected by Congress.
The president’s new budget document also proposes continuing a congressionally approved provision that prevents the federal government from interfering with state industrial hemp research programs:
“SEC. 711. None of the funds made available by this Act or any other Act may be used—
“(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or
“(2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.”
But it does not contain a current rider that protects state medical cannabis laws from Justice Department interference. Trump’s previous annual budget also did not include it. President Obama, following the measure’s initial enactment in 2014, requested its deletion in his subsequent budgets, but Congress has continued to extend it through at least the current fiscal year.
Photo courtesy of YouTube/The White House.
Cory Booker Appears To Call Out Kamala Harris’s Marijuana Jokes
Sen. Cory Booker (D-NJ) explained why marijuana legalization is no laughing matter on Sunday and seemed to take a dig at Sen. Kamala Harris (D-CA) over the way she lightheartedly admitted to smoking cannabis in college.
During a campaign stop in Iowa, the 2020 Democratic presidential candidate was asked where marijuana fits in his criminal justice agenda. Booker emphasized that “a lot of people have a very different perspective on marijuana than I do.”
His next comment appeared to be a veiled criticism of Harris, a rival presidential candidate, who spoke about her personal experience with cannabis and relatively newfound support for legalization on a radio program last month.
“We have presidential candidates and congresspeople and senators that now talk about their marijuana use almost as if it’s funny,” he said. “But meanwhile, in 2017, we had more arrests for marijuana possession in this country than all the violent crime arrests combined.”
While Booker didn’t call Harris out by name, her recent admission—which was followed by a light back-and-forth about what kind of music she listened to when smoking—garnered dozens of headlines and also some backlash (including from her own father). “Half my family is from Jamaica,” she said at the time, laughing. “Are you kidding me?”
Watch Booker’s marijuana comments, about 37:40 into the video below:
(Sen. Bernie Sanders (I-VT) also recently talked about his cannabis experience, but the conversation wasn’t as humorous in comparison and received significantly less media coverage.)
Booker’s jab may offer a window into future Democratic presidential debates, with support for legalization increasingly being seen as the bare minimum requirement on the issue and candidates competing to address its implementation more thoughtfully.
It could also be an early sign that Harris’s record as a prosecutor who oversaw the sentencing of people for nonviolent drug offenses is a vulnerability that Booker and other candidates may seek to exploit before the Democratic electorate, which overwhelmingly supports legalizing marijuana.
Harris’s giggle-filled admission of her past cannabis consumption in the February radio interview wasn’t the first time she treated the marijuana issue as a laughing matter.
In 2014, she dismissively laughed off a reporter’s question about legalization instead of providing a substantive response on her position.
Harris also made an attempt at a cannabis joke in a January appearance on Stephen Colbert’s show, saying that the reason she looks so happy on the cover of her book is “not because I smoked a joint or anything, even though we legalized.”
In his comments on Sunday, Booker spoke about marijuana for several minutes, noting the racially disproportionate arrest rate for cannabis possession and the long-term consequences of having a non-violent drug conviction on a person’s record.
“In Newark, I’m sorry, the margins for error for my kids to experiment with drugs, like people often do, that margin is not there,” he said. “And then one kid gets one charge for possession of marijuana for doing things that two of the last three presidents admitted to doing, and what happens to their lives?”
There are tens of thousands of “collateral consequences” of drug arrests and convictions, he said, ranging from ineligibility for public housing to lost employment opportunities.
“So I’m all for legalizing marijuana. I have the premiere bill in the Senate to do it,” Booker said. “But you know what my bill says? It doesn’t say just that we should deregulate marijuana on the federal level, we should make it legal and let the states do what they want. But it doesn’t stop there, because do not talk to me about legalizing marijuana unless in the same breath you talk to me about expunging the records of the millions of people that are suffering with not being able to find a job.”
“And then on top of that, people who are in prison should be able to petition their way out under the new laws. And more than that, all of this tax revenue that we’re going to get from marijuana should be reinvested in those communities that have been disproportionately targeted by the war on drugs—for education, for drug treatment, for job training programs.”
Booker also talked about an issue that his legislation doesn’t directly address: equity in the marijuana industry. He said he gets “very upset about” about the fact that communities historically targeted by the war on drugs are largely left out of opportunities to participate in the increasingly legal cannabis economy.
“We need to start talking about what I call restorative justice in our system and make sure that when we look at our laws, we create commonsense laws because right now we are spending billions of dollars in this drug war, with this money that could go to infrastructure, it could go to education, it could go to so many more positive things than warehousing human potential in the country that is the leading nation for incarceration when we should be the leading nation for education,” he said.
Photo courtesy of Facebook/ABC News.