A group representing thousands of lawmakers from around the U.S. is calling on the federal government to end marijuana prohibition so that states can enact their own cannabis policies without intervention.
“The federal government should respect state decisions to regulate cannabis, including hemp in non-FDA approved cannabis products,” reads one of two new policy directives adopted on Wednesday by the National Conference of State Legislatures. “NCSL believes that federal laws, including the Controlled Substances Act (CSA), should be amended to explicitly allow states to set their own cannabis policies without federal interference and urges the administration not to undermine state cannabis policies.”
“NCSL maintains that the administration should prioritize its enforcement actions against criminal enterprises engaged in cannabis production and sale, and not against citizens who are compliant with state cannabis laws. Furthermore, NCSL urges Congress to prohibit the administration from using federal funds to enforce the CSA in a manner inconsistent with these enforcement priorities.”
The other directive, which focuses on banking access for marijuana businesses, says that federal prohibition forces growers, processors and retailers to operate on a cash-only basis, which “attracts criminal activity and creates substantial public safety risks.”
“NCSL acknowledges that a cash-only industry reduces transparency in accounting and makes it difficult for states to implement an effective regulatory regime that ensures compliance.”
Letting state-legal cannabis businesses use banks will provide access to “capital, security, efficiency, and record keeping,” the state lawmakers say.
Calling existing Treasury Department guidance enacted during the Obama administration “insufficient,” the group says that “current federal regulations force financial institutions to incur inordinate risk, should they decide to provide banking services to licensed cannabis businesses.”
Very pleased that Oregon-led directive to push Congress to remove #cannabis from DEA schedule just passed @NCSL unanimously. With cannabis legal in >30 states & territories, this action must happen soon so legitimate businesses have access to financial services.
— Sen. Steiner Hayward (@ESHforOregon) August 1, 2018
“Thirty states, the District of Columbia and Guam already allow some form of legal cannabis use,” Oregon Senate Majority Leader Ginny Burdick, (D), said in a press release. “We are trying to create an above-board, legitimate industry, where for many years only an unregulated market prevailed. It’s past time for Congress to finally help us do that by removing cannabis from the federal Controlled Substances Act. Operating as a cash-only business invites crime and hinders our work to improve public safety. When businesses in this industry begin using banking services, it will lead to better regulation and improve access to capital. Congress needs to step up and help us make sure this legal industry is properly regulated and contributing to our states’ economies.”
A Republican colleague agreed with Burdick.
“The cannabis industry is making big contributions to Oregon’s economy, and giving these business owners access to secure banking is critical to their ongoing success,” Senate Republican Leader Jackie Winters said. “Voters across the nation have shown support for the legal cannabis industry, it is time for the federal government to take the necessary steps and deschedule cannabis in order to promote safety, security, and remove barriers to much needed research.”
The state legislators’ policy positions are similar to those recently adopted by the U.S. Conference of Mayors and the National Association of Counties, both of which are pushing the federal government to respect state and local marijuana laws.
40 states, including VA, just voted in favor of state-level cannabis regulation. Not legally binding, obviously, but a strong message to Congress to get out of the way. #NCSLsummit
— Lee J. Carter (@carterforva) August 1, 2018
“NCSL’s directives reflect the growing support for reform at the federal level,” said Karen O’Keefe, the state policies director for the Marijuana Policy Project. “State lawmakers, like most of their constituents, are increasingly frustrated with Congress’s failure to resolve the conflict between state and federal marijuana laws. Whereas lawmakers previously expressed their collective opinion on the subject, they are now taking it a step further and demonstrating a commitment to advocating for reform.”
NCSL itself has adopted a number of marijuana reform positions at past conferences, most recently calling for cannabis descheduling last year.
Also at this year’s conference in Los Angeles, lawmakers heard two separate panels on cannabis issues, one focused on banking access and another looking more broadly at the federal-state divide on marijuana.
Sen. @hertzieLA (D-CA) & experts from @NCIAorg, @ABABankers, @Weedmaps & @EastCarolina discuss novel ways to provide financial services to the #marijuana business. #NCSLsummit pic.twitter.com/fKKwJdEVjT
— NCSL (@NCSLorg) July 30, 2018
— Mary Ann Dunwell (@MTMaryAnn) July 31, 2018
Among the exhibitors at the event were the pro-legalization Marijuana Policy Project, the anti-legalization Smart Approaches to Marijuana and the narcs at the Drug Enforcement Administration.
Marijuana Moment Patreon supporters can read the full text of NCSL’s new cannabis policy directives below:
Photo courtesy of Max Pixel.
Berkeley City Council Considers Decriminalizing Psychedelics This Week
A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.
Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.
In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”
Is it time for #DecriminalizeNature #Berkeley? Agenda 4 at the public safety meeting this Wed. July 17, with the Decriminalize Nature team! This is a small meeting, so you do NOT need to attend. But if you live in Berkeley, write your City Council! https://t.co/gMSDkegMPU
— Decriminalize Nature (@DecrimNature) July 15, 2019
However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”
The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.
The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.
“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.
While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.
Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.
Nature lovers are organizing coast to coast (and Hawaii)! Is your city on the map? Connect to join with your local community, or if you have the motivation to propose a similar initiative in your city/town/county, let’s start growing! contact [email protected] #DNUSA pic.twitter.com/38UxLKK9RN
— Decriminalize Nature (@DecrimNature) July 2, 2019
On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.
Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”
Colorado Governor And USDA Official To Discuss CBD At Hemp Event
Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.
The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”
Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.
This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.
Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”
Longtime hemp industry supporter, former U.S. Congressman and current Colorado Governor Jared Polis to present at AHPA Hemp-CBD Supplement Congress — https://t.co/2wPOcvdkHr — #supplement #cbd #hemp #hempindustry @GovofCO pic.twitter.com/tYhqj8HFlx
— AHPA (@AHPAssociation) July 10, 2019
“With our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.
AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.
But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.
Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.
In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.
Marijuana Legalization Could Be On The Horizon For British Virgin Islands
The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.
Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.
“We certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don’t want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.”
He added that he hoped the legislation would make BVI a global model for legalization.
“We certainly support having a well-regulated industry, and the fact that we’re coming in late into this whole discussion of marijuana means that we don’t have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.
The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.
“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we’re speaking about the medicinal value of it than something like alcohol. It’s proven that alcohol is much more damaging to your health than marijuana.”
BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.
The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.
“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”
“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”
Photo courtesy of Philip Steffan.