A Louisiana House committee approved a bill on Wednesday that would significantly expand the state’s medical marijuana program by letting doctors issue recommendations to patients for any debilitating condition. Lawmakers also advanced separate legislation to allow dispensaries to deliver products to patients’ homes.
The action represents a rare legislative victory for cannabis reformers in recent weeks as the coronavirus pandemic has largely halted proceedings in states across the country.
Both pieces of legislation approved by the House Health and Welfare Committee were sponsored by Rep. Larry Bagley (R). They now move to the full House for debate.
The medical cannabis expansion legislation as originally drafted would have simply added traumatic brain injuries and concussions to the list of conditions that qualify a patient for a marijuana recommendation. But it was amended by the panel to add several other conditions as well as language stipulating that cannabis can be recommended for any condition that a physician “considers debilitating to an individual patient.”
“I’ll say this. I have never been a proponent of medical marijuana. I voted against every piece of legislation that came down because I just didn’t believe in it and I thought there was an ulterior motive,” Bagley told Marijuana Moment in a phone interview. “But now, constituents in my area, they come to me and they ask me for help because they’re having pain, they can’t find things to cure the pain. They’re using opioids, some of them, they’ve just got problems that the doctors can’t seem to help.”
“So this is just another avenue. Now their personal physician can write them a script for [cannabis] and they can get it,” he said. “Who knows you better than your personal physician? I thought it made perfect sense.”
As it stands under current law, a list of 14 conditions can qualify a patient for cannabis in Louisiana. That includes cancer, epilepsy, Parkinson’s disease and severe muscle spasms.
“Lawmakers are increasingly recognizing that it makes no sense to treat medical cannabis more restrictively than far more dangerous prescription medicines, which can be delivered to patients’ doors and prescribed off-label,” Karen O’Keefe, director of state policies for the Marijuana Policy Project, told Marijuana Moment. “Today’s committee votes were an important step toward to a more compassionate, less onerous medical cannabis program in Louisiana.”
The cannabis delivery legislation that also passed the panel would require a government regulatory body to develop “procedures and regulations relative to delivery of dispensed marijuana to patients by designated employees or agents of the pharmacy.”
The state Department of Pharmacy already set the stage for the policy change, as it released a memo in March temporarily authorizing dispensaries to deliver cannabis to patients during the COVID-19 public health emergency.
The mayor of Washington, D.C. similarly announced that medical cannabis deliveries would be temporarily permissible under certain circumstances due to the pandemic.
The new Louisiana bill, if enacted, would allow delivery on a permanent basis.
This story was updated to include comment from Bagley.
Photo courtesy of Mike Latimer.
Meet The Vermont Marijuana Legalization Advocate Running For The Actual Office Of ‘High Bailiff’
The irony is not lost on Dave Silberman. The Vermont-based drug policy advocate and lawyer who has been working for years to reform the state’s marijuana laws is running for the office of…high bailiff.
No, really. In Vermont, each county elects a high bailiff whose singular responsibility is to arrest the sheriff if they engage in unlawful conduct. Silberman wants to occupy that position in Addison County—and he plans to use it as a platform to advance bold reforms, including legalizing all drugs.
The High Bailiff is the one person in each county who has the authority to arrest the sheriff.
It's a quirky holdover of our British common law roots, but it's also much more.
— Dave Silberman for High Bailiff (@dave4bailiff) May 22, 2020
The candidate recently spoke to Marijuana Moment about the need to have a voice challenging the status quo—rather than someone in law enforcement, as is typically the case for high bailiffs—assume the role.
And Silberman, who played a key role in convincing Vermont lawmakers to legalize cannabis possession and home cultivation in 2018 and is now working to get them to add legal sales, also discussed how his background in marijuana advocacy is informing his campaign.
While the coronavirus pandemic has meant he will have to stump remotely for the time being, the would-be high bailiff is set on reaching voters to engage them, as well as legislators, on the importance of ending the war on drugs and taking a public health-focused approach to substance use issues. And he’s convinced based on conversations in liberal and conservative strongholds alike that the message will resonate.
I'm overwhelmed by the positive response my 8-day old campaign (@dave4bailiff) has received.
— Dave Silberman (@DaveSilberman) May 29, 2020
The following interview has been lightly edited for length and clarity.
Marijuana Moment: You’ve talked about the need to put someone outside of the law enforcement community in the position of high bailiff. Can you expand on that?
Dave Silberman: The office of high bailiff, really it’s a holdover of our British common-law roots. It’s in the Vermont state Constitution. We’re the only state that still has the office. And the office was created in order to ensure that somebody can hold the sheriff to account—that the sheriff is not lawless. The high bailiff is the only person in each county with technical authority to arrest the sheriffs, and that makes it effectively a police oversight role.
Now, over the last five decades or so, the importance of that has been forgotten, and a tradition has taken root, where the position is typically held by a member of the law enforcement community, either the sheriff’s favorite deputy or his political rival that wants to raise awareness and name recognition ahead of a potential challenge for the sheriff, which is also an elected position. But when the people cede the power of oversights of the law enforcement community to the law enforcement community itself, we lose accountability. And when we lose accountability, we get police abuse.
And, so, through our deference to police officers, and without realizing it happened, we've ceded that power of oversight over the law enforcement community to the law enforcement community itself.
The office of High Bailiff should be held by a civilian.
— Dave Silberman for High Bailiff (@dave4bailiff) May 22, 2020
We see this all the time—we saw it recently in Minnesota, and that’s not the only time we’ve seen it—and we see police abuse in Vermont as well. I’m not going to sit here and tell you that electing a civilian as high bailiff is going to fix this problem, but I can absolutely promise you that electing me as high bailiff will shine a bright, bright light on this problem because I’m a loudmouth and I love talking about this stuff and I want to fix these problems.
MM: How is your background in drug policy reform informing your campaign and how would it inform your role if elected?
DS: My rooting in drug policy reform advocacy, it’s really what drove me to run this campaign. The office itself, I am never going to be called upon to arrest the sheriff—but I will have the opportunity to talk directly with voters. As I campaign both for myself and for legislative offices up ballot and our governor’s election or lieutenant governor’s election, I’m going to be going virtually door-to-door—I wanted to go physically door-to-door, but now I’m going to have to do it by phone and I’m going to have to do it by mailing out to voters—but I intend to speak directly with voters about drug policy reform, criminal justice reform in a way that I think appeals across partisan lines.
When I talk with people, for example, about the need to expand access to expungement, I get stronger positive reactions in traditionally conservative strongholds than I do in liberal strongholds in Addison County.
While campaigning, I'll be excited to talk with voters about how, together, we can reform Vermont's criminal justice system so that it delivers more justice, and greater safety, without busting the state's budget or criminalizing poverty or addiction.
— Dave Silberman for High Bailiff (@dave4bailiff) May 22, 2020
I organized a series of expungement clinics with our state’s attorney, our local prosecutor—three of them over the last two years. I went around advertising them, putting up flyers in different businesses. And you know, yeah, the natural food co-op was happy to put up a flyer and the local independent bookstore was happy to put up a flyer—but you know who I had the deepest most meaningful conversations with? It was at the bait-and-tackle and at the McDonald’s because people who have had any exposure to the criminal justice system know that, without expungement, people face a lifetime of collateral consequences of their conviction, even after they’ve paid repay their debt to society. They have a lifetime of daily discrimination in housing and education and employment, banking services.
I’ve always found that talking with voters about issues is meaningful, impactful and helps move issues forward. Since then, we’ve reformed Vermont’s expungement laws, and the legislators in Addison County all voted for those reforms because we talked about them and we put them in the public and we put them in the local newspaper. I’ve been going around this county for years talking about marijuana legalization, and we got that done and we got that done through grassroots advocacy. We’re going to get tax-and-regulate [cannabis reform] done this year too I hope in the same way.
I truly believe that we can do this with broader drug policy reform and broader criminal justice reform as well. That’s what drove me to do this campaign because I really found opportunity through talking with voters and driving up the vote up ballot, to build a coalition of voters and legislators willing to actually get these things done, not just talk about them.
MM: I know you mentioned likely not needing to perform the role of arresting the sheriff, but can you talk me through any scenarios where that might be required?
DS: Look, let’s be real. If the sheriff needs to be arrested, most likely it’ll be the result of some federal investigation. Right? He is absconding funds. He’s engaged in some sort of denial of civil rights. And then the FBI would come in and arrest him because it would be on a federal warrant. I should pause and say, I know our current sheriff, Peter Newton. I trust our current sheriff, Peter Newton. Peter Newton is a law-abiding man and I do not want to imply here at all that I worry about Peter Newton breaking the law. But, you know, that doesn’t mean we shouldn’t have meaningful oversight in place.
I don’t expect to ever have to do it. But if I did—if I were ever to be called upon to execute an arrest warrant against the sheriff—I would do stuff with a somber state of mind. I would, I presume, have the state’s attorney with me and I presume I would have either the Middlebury Police Department captain or somebody from the state police to assist me. That would be that.
Also, if the sheriff became incapacitated—whether through arrest or otherwise—the high bailiff temporarily assumes the powers of the office of the sheriff. As an attorney with a lot of experience working with very large organizations, I feel like I can handle that sort of several-week-long position. I would immediately look into the books and figure out what’s going on. I would continue to run the operations of the department in a steady state until the governor appointed a replacement, which is what Vermont law provides.
MM: What is the big picture plan if you’re elected high bailiff?
DS: This campaign is part of my sort of 10-year plan to legalize all drugs. And that is, you know, crazy sounding right off the bat, but I’m the kind of person who, when he sets his mind to something, just sticks with it and gets it done. I’ve talked with legislators, people in office today, who recognize that the Portugal [decriminalization] model is a better model. I’ve talked to the legislators who have told me that they would love to vote for a bill to decriminalize all drugs and replace our police-first approach to drug problems with a public health approach.
I believe that there is a good base of a coalition in there that can be built upon if somebody is willing to put in the work and make the effort on a consistent basis. I believe there’s over a dozen members of the House of Representatives—that’s about 10 percent of the House—there’s a long way to go, but it can be done. It can only be done if we can demonstrate that it’s popular. And that’s what I intend to do in this campaign—to talk with voters, get grassroots buy-in and pressure more and more politicians to say, you know what, this is not a crazy idea. This is the right way to do this.
We want to solve Vermont’s opioid crisis? We have to stop trying to arrest our way out of it. We have to actually stop trying to arrest our way out of it, not just saying that we’re going to take a public health approach. We need to stop spending $150 million a year on jails in this state. We spend 9.2 percent of the general fund every year on jails. That’s not cops, that’s not prosecutors, that’s not courts— jails. That robs us of the money we need to solve the underlying problems that actually lead to crimes. And it does nothing—does nothing—to ensure greater safety or reduce problematic drug use. If we replaced the police approach to it with an approach that takes a person in crisis and gives them help, we will actually solve this problem, we will actually drive down the overdose death rate in the state and we’ll make people safer and spend less tax money while we’re at it.
MM: You’re literally the pot guy running for high bailiff. Are you going to lean into that? Will marijuana puns be a part of your campaign?
DS: Look, I am not going to discourage anyone from making a high bailiff joke. I think it’s funny. It’s a little bit of a funny position, right? I take it seriously, I take the duties seriously and I take the opportunity very seriously. But I’m willing to reach voters where they are. And you know, engaging people in the political process sometimes means having a little fun and engaging in some levity. I love the pot puns, send them my way.
That’s not going to be a centerpiece of my campaign. You’re not going to see lawn signs with pot leaves on them. But you know, I’m not going to shy away from it either. My rooting in Vermont politics is drug policy reform and I’m proud of that and there is absolutely nothing to be ashamed of in using cannabis. This stigma—this moral disapproval that we’ve based our drug policy on—means nothing to me.
MM: Do you have plans to use the position of high bailiff as a stepping stone toward running for…higher office down the line?
DS: I’m not in a position in my life today to run for legislative office. I have a kid in high school, I have another kid in sixth grade. It’s just not for me now. I should also say, we have here in Middlebury, two really great state representatives who do good work in the legislature. We have in Addison County, two really great state senators—one of whom is a friend of mine and whose first campaign I didn’t just work on, I was her campaign treasurer when she was elected to office. I am not running this campaign as a marker. I am not running this campaign to threaten anybody for any office. I’m not going to sit here and lie to you and say I will never run for any office, but that is not what I’m focusing on. I don’t see me focusing on that kind of office in the near future.
MM: You lived in Hawaii for a time and you’ve been known to sport some vibrant Hawaiian-style shirts in your Vermont town. Will voters get a taste of that on the trail?
DS: If you are the kind of voter who is deciding who to vote for for high bailiffs based on which candidate has the better aloha shirt collection, I guarantee you, I am your man.
Trump Reelection Campaign Attacks Biden As ‘Architect’ Of The War On Drugs
President Trump’s reelection campaign is seizing on presumptive Democratic presidential nominee Joe Biden’s record as a chief sponsor and champion of punitive anti-drug laws that have contributed to mass incarceration.
In a blog post on Tuesday, the campaign attacked Biden as a “typical Washington career politician who spent decades building up America’s mass incarceration system and poisoning the public discourse with race-baiting, divisive and inflammatory remarks.”
Biden’s role in authoring bills ramping up the war on drugs during his time in the Senate is also being featured in a Trump 2020 video ad—signaling that the president is angling to present himself as the drug policy reform candidate as the November election approaches.
“Biden hasn’t just stoked America’s racial divisions over the course of his decades in Washington,” the blog post on donaldjtrump.com, which was later shared on Twitter by the technically unaffiliated super PAC America First, states. “Biden was the chief architect of mass incarceration and the War on Drugs, which targeted Black Americans.”
Biden hasn’t just stoked America’s racial divisions over the course of his decades in Washington. Biden was the chief architect of mass incarceration and the War on Drugs, which targeted Black Americans. https://t.co/DV0Yf8Fvvw
— America First (@AmericaFirstPAC) June 2, 2020
“Biden voted to extend minimum penalties for people under 21 charged with selling marijuana, and introduced the civil forfeiture legislation which allows the government to seize assets of citizens accused of drug crimes,” the campaign blog post continues. “Biden helped write the Anti-Drug Abuse Act, which created the 100:1 crack cocaine sentencing disparity and disproportionately targeted minority communities.”
“Biden’s self-imagined reinvention as a racial healer is laughable and requires memory-holing decades of racially inflammatory rhetoric.”
In the video ad released last month, the Trump campaign said that mass incarceration “has put hundreds of thousands behind bars for minor offenses. Joe Biden wrote those laws.”
“Joe Biden’s policies destroyed millions of black lives” due to his role in advancing anti-drug laws and other criminal justice policies, it states. “Joe Biden may not remember. But we do.”
The campaign first indicated it would be highlighting criminal justice reform when it aired an ad during the Super Bowl in February touting the president’s commutation of a person convicted of a nonviolent drug offense.
I promised to restore hope in America. That includes the least among us. Together, let’s KEEP AMERICA GREAT!
Text TRUMP to 88022 if you liked our Super Bowl ad! pic.twitter.com/Lgjt53B7QX
— Donald J. Trump (@realDonaldTrump) February 2, 2020
Drug reform advocates have made similar criticisms of the former vice president, arguing that his record does not bode well for the prospects of comprehensive policy changes in the U.S. criminal justice system. His ongoing opposition to adult-use marijuana legalization has also been a source of frustration, despite his recent support for more modest proposals such as decriminalizing possession, allowing medical cannabis, federal rescheduling, expunging past convictions and letting states set their own laws.
That said, while the Trump administration has taken certain modest bipartisan steps—such as signing sentencing reform legislation, granting clemency to certain individuals with prior federal drug convictions and voicing support for states’ rights when it comes to cannabis legalization—the image of a uniformly pro-reform president that the campaign is attempting to present isn’t the full picture.
“Joe Biden’s record on drug policy is quite abysmal given his role in the 1994 Crime Bill and as one of the lead advocates for increased mandatory minimum sentences and other policies that inflamed our crisis of mass incarceration in this country,” Erik Altieri, executive director of NORML, told Marijuana Moment. “Unfortunately, despite not having a long legislative record like Biden for direct comparison, Donald Trump’s history as it relates to racial justice and drug policy is also quite horrendous.”
Trump’s first attorney general, Jeff Sessions, rescinded Obama-era guidance known as the Cole memo. Under that directive, federal prosecutors were advised not to pursue action against individuals for state-legal cannabis-related activity, except under a select set of circumstances.
Also, while Trump has voiced support for medical cannabis legalization, he’s on several occasions released signing statements on spending legislation stipulating that he reserves the right to ignore a long-standing rider that prohibits the Justice Department from using its funds to interfere with state-legal medical marijuana programs.
Trump also asked Congress to end the medical cannabis protections as part of his fiscal year 2021 budget plan—something the Obama administration also previously did to no avail.
Despite his pledged support for medical cannabis and states’ rights, Trump evidently holds some negative views toward marijuana consumption, as evidenced in a recording from 2018 that was leaked two years later. In that recording, the president said that using cannabis makes people “lose IQ points.”
Another controversial administrative action concerns immigrants and marijuana. In April 2019, the U.S. Citizenship and Immigration Services issued a memo stating that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—is an immoral offense that makes immigrants ineligible for citizenship.
In December 2019, the Justice Department issued a notice that it was seeking to make certain marijuana offenses, including misdemeanor possession, grounds to deny asylum to migrants.
Meanwhile, though the president’s reelection campaign is presenting him as a criminal justice reformer, Trump himself in recent days has embraced the slogan of “law and order” as he has seemed to endorse violent law enforcement responses to people protesting police killings of black Americans.
Sleepy Joe has been in politics for 40 years, and did nothing. Now he pretends to have the answers. He doesn’t even know the questions. Weakness will never beat anarchists, looters or thugs, and Joe has been politically weak all of his life. LAW & ORDER!
— Donald J. Trump (@realDonaldTrump) June 2, 2020
Altieri of NORML said that despite these conflicting statements and administrative actions, the Trump campaign “does seem to understand by putting forth this outreach is that marijuana law reform and ending our failed War on Drugs are popular positions with the majority of all Americans, regardless of political affiliation.”
“All candidates should be putting forth comprehensive plans on how they will address cannabis and criminal justice reform if they are in the White House in 2021, but as of yet we’ve seen mostly lip service and finger pointing in lieu of real solutions,” he said.
Photo courtesy of Wikimedia.
The White House Is Reviewing CBD And Marijuana Research Guidance From FDA
The White House is currently reviewing a federal plan for marijuana and CBD research.
The Food and Drug Administration (FDA) submitted draft guidance on the issue last week to the White House Office of Management and Budget (OMB).
Details about the document—titled “Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research”—are sparse. But an FDA spokesperson indicated to Marijuana Moment that it’s related to the agency’s ongoing work to develop broader CBD regulations that could eventually allow for the marketing of cannabis products as dietary supplements or food items.
“We recognize that there is substantial public interest in marketing and accessing CBD for a variety of products. We are working toward a goal of providing additional guidance, and have made substantial progress,” FDA said in a statement. “There are many questions to explore regarding the science, safety, effectiveness and quality of products containing CBD, and we need to do our due diligence.”
“As part of our work, the FDA continues to explore potential pathways for various types of CBD products to be lawfully marketed,” the statement continues. “An important component of this work is obtaining and evaluating information to address outstanding questions related to the safety of CBD products that will inform our consideration of potential regulatory frameworks for CBD while maintaining the FDA’s rigorous public health standards.”
What remains to be seen is whether FDA plans to wait for this specific guidance to be finalized and for the resulting research to be completed before it gets around to issuing final rules for CBD products in general. Stakeholders have been eagerly awaiting those regulations so they can fully take advantage of the legalization of hemp and its derivatives.
“We will continue to update the public about our path forward as our work progresses, and provide information that is based on sound science and data,” FDA said.
While sending the guidance to OMB could be interpreted as a positive development signaling that FDA is making progress on the development of regulations, former FDA Commissioner Scott Gottlieb said on Saturday that White House policies requiring OMB to review scientific documents in the first place represent an onerous step that’s delayed the issuance of guidance.
It’s also worth noting FDA’s effort to modernize definition of “healthy” on food labels to help consumers make more informed choices about diets has been under OMB review since August 2019. Will technical and scientific guidance critical to advancing patient care move faster? 2/2
— Scott Gottlieb, MD (@ScottGottliebMD) May 30, 2020
The FDA spokesperson declined to comment on the former commissioner’s statement.
The agency first announced in January that it planned to publish guidance on cannabis research this year. It’s not clear how long the OMB review will take or when the document will be finalized for public release.
In addition to sending the guidance to the White House for review, FDA is also soliciting public input about the safety and efficacy of CBD in comment period it has decided to keep open indefinitely. The agency said in an update to Congress in March that it has several specific questions it wants answered before deciding whether the cannabidiol can be lawfully marketed. That includes questions about the impact of different methods of consumption and drug interactions.
In the meantime, FDA is maintaining enforcement discretion when it comes to action against companies that sell CBD products regardless of the lack of regulations and has said it is currently targeting sellers that make especially outlandish or unsanctioned claims about the therapeutic value of their products.
It sent a warning letter to a CBD company owned by a former NFL player after advertisements it displayed suggested its products could treat and prevent a coronavirus infection, for example.
FDA sent a letter warning to a company about its marketing of injectable CBD products that led to a voluntary recall last month.
The agency also publicized a voluntary recall of another CBD product from a different company, notifying consumers about potentially high levels of lead in a batch of tinctures.
FDA has previously issued warnings to other CBD companies that have made unsubstantiated claims about the therapeutic potential of their products.
Photo by Kimzy Nanney.