A key congressional committee advanced a series of marijuana-related amendments on Tuesday, including a rider seeking to block the Department of Justice (DOJ) from interfering in all state-legal cannabis programs. The measures, which also include proposals shielding tribal marijuana laws and allowing military veterans to receive medical cannabis recommendations from government doctors, will now move to the House floor for consideration.
More than a dozen drug policy amendments came before the House Rules Committee, with the panel approving several for potential attachment to a large-scale bill funding parts of the federal government for Fiscal Year 2020.
Reform advocates were most interested in ensuring that the proposal seeking to prohibit DOJ agencies such as the Drug Enforcement Administration (DEA) from using funds to intervene in state-legal marijuana activities advanced. The committee didn’t disappoint, ruling it in order for a vote by the full House.
Advocates are optimistic that the measure, sponsored by Rep. Earl Blumenauer (D-OR), will be approved because a similar amendment came just nine flipped votes short of passage on the House floor in 2015. Since then, the number of states with legalization has more than doubled, meaning that there are a lot more lawmakers who now represent constituents who would be covered by the proposal’s protections than was the case at the time of the prior vote.
State medical cannabis laws are currently shielded from Department of Justice interference under a similar but narrower spending rider than has been enacted and extended annually since 2014.
Blumenauer’s broader amendment seeking to expand protections to local laws allowing recreational marijuana use and sales is cosponsored by Reps. Tom McClintock (R-CA) and Eleanor Holmes Norton (D-DC).
In an interview with Marijuana Moment, the Oregon congressman was reluctant to predict a specific number of votes for the measure on the floor, but did note that he was confident of its passage and said the tally would be “an indication of where we’re going with the overall reform effort.”
A big week ahead for cannabis reform. With every committee hearing and amendment introduced, we are one step closer to ending the senseless prohibition of cannabis and the failed war on drugs.
— Earl Blumenauer (@repblumenauer) June 19, 2019
If the House does approve the measure when the bill comes to the floor, expected later this week, it would not necessarily be enacted into law, as the Senate has not yet begun its consideration of companion spending legislation.
Another amendment cleared for floor consideration would allow Indian tribes to implement their own marijuana policies without the threat of Justice Department intervention. That measure is sponsored by Blumenauer and Rep. Deb Haaland (D-NM), one of the first two Native American women ever elected to Congress.
Blumenauer said he is “optimistic” about that proposal’s chances on the floor.
Another key amendment cleared for a vote would let Department of Veterans Affairs (VA) doctors to issue medical cannabis recommendations to military veterans in states where it is legal. In years past, both the House and Senate have approved similar measures, but the rider has never been enacted into law.
Other proposals advancing toward votes by the full House include ones focused on CBD regulations, adding a U.S. territory to the list of jurisdictions protected by an existing medical cannabis rider and shifting money away from DEA and toward drug treatment.
These amendments were cleared for floor action:
STATES AND TERRITORIES: Blocks DOJ from interfering with marijuana laws in states, territories and Washington, D.C.
USVI: Adds U.S. Virgin Islands to list of jurisdictions shielded from DOJ medical cannabis interference.
TRIBES: Blocks DOJ from interfering with tribal marijuana laws.
VETERANS: Blocks VA from punishing doctors for recommending medical cannabis in states that have legalized or from denying benefits to veterans for participating in medical cannabis programs.
CBD: Directs FDA to set a safe CBD level for foods and dietary supplements.
TREATMENT FUNDING: Moves $5 million from DEA to an opioid treatment program.
While the Rules Committee had made it a practice to block all marijuana amendments under the leadership of then-Chairman Pete Sessions (R-TX) during the last several years of Republican House control, new Chairman James McGovern (D-MA) has pledged to let cannabis measures advance under the chamber’s Democratic majority.
“I’m not going to block marijuana amendments,” he said shortly after his party took back control of the House in last year’s midterm elections. “People ought to bring them to the floor, they should be debated and people ought to vote the way they feel appropriate.”
Last week, when considering a separate funding bill, McGovern’s panel advanced an amendment put forth by Rep. Alexandria Ocasio-Cortz (D-NY) aimed at removing roadblocks to research on Schedule I drugs like marijuana, psilocybin and MDMA, but it went on to be soundly defeated on the House floor.
The committee, citing procedural issues, blocked a separate measure on the earlier spending legislation from Rep. Lou Correa (D-CA) aimed at shielding colleges and universities from being punished by the Department of Education for allowing medical cannabis on campus.
Several amendments filed on the current appropriations bill before the committee on Tuesday were withdrawn by their sponsors before the panel could make a decision about floor consideration, in some cases because they had similar measures they decided to press forward with.
These amendments were withdrawn by sponsors:
SAFE CONSUMPTION SITES: Blocks DOJ from preventing states and localities from establishing and implementing safe consumption sites for illegal drugs.
TRIBES: Blocks DOJ from interfering with tribal medical cannabis laws.
TRIBES: Blocks DOJ from interfering with tribal marijuana laws in states that have legalized.
TRIBES: Blocks DOJ from interfering with tribal medical cannabis laws in states that have legalized.
VETERANS: Blocks DOJ from punishing VA doctors or employees for recommending medical cannabis in states that have legalized.
STATES AND TERRITORIES: Blocks DOJ from interfering with state marijuana and those in Washington, D.C. and U.S. territories.
Though advocates are backing several pieces of standalone marijuana legislation, reform proposals are increasingly being pursued through the appropriations process. Several recent committee reports have called for the expedition of policies to regulate CBD, implement hemp regulations, lift barriers to marijuana research, prevent impaired driving and protect veteran benefits for those using cannabis in compliance with state law.
The House Appropriations Committee also advised the federal government to consider updating its policy concerning employees who use marijuana in accordance with state law.
Last week, the same panel approved a spending bill that includes language providing protections for banks that service state-legal marijuana business while also removing a longstanding rider that has blocked Washington, D.C. from using its own local tax dollars to legalize and regulate cannabis sales.
And cannabis reform activity is heating up in Congress beyond appropriations.
On Wednesday, the House Small Business Committee will hold a hearing on issues facing small businesses in the marijuana industry. And on Thursday, the House Veterans’ Affairs Committee will consider several bills focused on medical cannabis and military veterans.
Meanwhile, a standalone bill to increase marijuana businesses’ access to banks was cleared by the House Financial Services Committee in March. Blumenauer told Marijuana Moment that he anticipates a floor vote on that legislation next month.
Photo courtesy of Philip Steffan.
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.