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.
Key Congressional Committee Officially Schedules Vote On Marijuana Legalization Bill
A key House committee has officially announced that a vote on a comprehensive marijuana legalization bill is scheduled for this week.
The House Judiciary Committee said on Monday that the panel will mark up legislation introduced by Chairman Jerrold Nadler (D-NY), which would federally deschedule cannabis and address social equity, on Wednesday at 10:00 AM ET. The announcement confirms what sources familiar with the planned development told Marijuana Moment last week.
Nadler’s Marijuana Opportunity Reinvestment and Expungement (MORE) Act has been lauded by advocates for its emphasis on restorative justice for communities most impacted by the drug war.
It calls for a five percent federal tax on marijuana sales, and that revenue would be used to fund programs such as job training, legal aid for those affected by prohibition and small business loans for individuals who are socially and economically disadvantaged. The bill also seeks to lift barriers to licensing and employment in the industry.
Additionally, the legislation would expunge the records of those with prior cannabis convictions, provide for resentencing, block federal agencies from denying public benefits or security clearances as a result of marijuana use and protect immigrants from being denied citizenship over cannabis.
Committee on the Judiciary – DemocratsH.R. 5038, the “Farm Workforce Modernization Act of 2019”; H.R. 3884, the “Marijuana Opportunity Reinvestment and Expungement Act of 2019” or the “MORE Act of 2019”; H.R. ___, the “Satellite Television Community Prot… https://t.co/v4pSa4OVgR
— House Committee Press Releases (@PressreleaseB) November 18, 2019
“A supermajority of Americans, including majorities of Democrats, Republicans, and independents, support regulating the use of marijuana by responsible adults,” NORML Political Director Justin Strekal said in a press release. “Thanks to the leadership of the House Judiciary chairman, never in history have we been closer to ending the failed policy of marijuana criminalization and providing pathways to opportunity for our brothers and sisters who have suffered under its oppressive reign.”
“The MORE Act is the most comprehensive marijuana policy reform bill ever introduced in Congress and is backed by a broad coalition of civil rights, criminal justice, drug policy, and immigration groups. Those who oppose this legislation moving forward are defenders of a failed status-quo that ruins the lives of otherwise law-abiding adults on a daily basis, overwhelming enforced against the poor and communities of color.”
Text of an amendment in the nature of a substitute from Nadler that Judiciary members will take up was also released on Monday. It includes a new “findings” section that discusses racial disparities in marijuana enforcement, the growing state-level legalization movement and the challenges that individuals from disadvantaged communities face in participating in the market.
“The communities that have been most harmed by cannabis prohibition are benefiting the least from the legal marijuana marketplace,” one provision reads. “A legacy of racial and ethnic injustices, compounded by the disproportionate collateral consequences of 80 years of cannabis prohibition enforcement, now limits participation in the industry.
Much of the language of the new section is borrowed from a resolution that Rep. Barbara Lee (D-CA), co-chair of the Congressional Cannabis Caucus, introduced last year.
“The data speaks for itself—low-income communities and communities of color have disproportionately borne the brunt of the devastation brought on by marijuana prohibition,” Queen Adesuyi, policy manager of national affairs for the Drug Policy Alliance, said in a press release. “The MORE Act is the most robust bipartisan legislation so far not only to end federal marijuana prohibition, but also to ensure that the communities that have been hardest hit by prohibition are not left behind.”
“It would be a tragic mistake to have the only marijuana reform bill that passes this Congress be one that solely benefits the industry, despite both the unprecedented support for legalization nationally amongst Americans and all the harm that we know federal prohibition has caused to individuals and communities across this country,” she said. “Fortunately, by ensuring the MORE Act moves forward, several leaders in the House are showing that they understand that this is a matter of fundamental justice that the US Congress needs to address.”
BIG NEWS: @HouseJudiciary will meet Wednesday to vote on the Marijuana Opportunity Reinvestment & Expungement Act.
Good. It's past time to address the decades of harm faced by communities of color & low-income communities due to failed marijuana policies. https://t.co/4glbu733Dq
— The Leadership Conference (@civilrightsorg) November 18, 2019
Advocates have been eagerly awaiting a committee vote on the MORE Act, especially since the House overwhelmingly passed a bill to protect banks that service the cannabis industry in September. Some groups, including the ACLU, had implored leadership to delay the banking vote until the chamber passed legislation like the MORE Act that addresses social equity.
Committee members on both sides of the aisle will be able to introduce amendments to the legislation, but it’s generally expected to advance out of the panel and onto the floor. That said, its fate in the Republican-controlled Senate is far from certain.
Read the full text of the new amendment to the MORE Act below:
Photo courtesy of Philip Steffan.
Biden Says Marijuana Might Be A Gateway Drug
Former Vice President Joe Biden (D) said on Saturday that he’s not sure if marijuana is a gateway drug that leads to the use of other, more dangerous substances.
“The truth of the matter is, there’s not nearly been enough evidence that has been acquired as to whether or not it is a gateway drug,” the 2020 presidential candidate claimed at a town hall meeting in Las Vegas. “It’s a debate, and I want a lot more before I legalize it nationally. I want to make sure we know a lot more about the science behind it.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Vote To Federally Legalize Marijuana Planned In Congress
A key congressional committee plans to hold a historic vote on a bill to end the federal prohibition of marijuana next week, two sources with knowledge of the soon-to-be-announced action said.
The legislation, sponsored by House Judiciary Committee Chairman Jerrold Nadler (D-NY), would remove cannabis from the Controlled Substances Act and set aside funding to begin repairing the damage of the war on drugs, which has been disproportionately waged against communities of color.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Image element courtesy of Tim Evanson.