A powerful U.S. House panel that oversees federal drug enforcement efforts approved a bill on Thursday to require the Department of Justice and Attorney General Jeff Sessions to begin issuing more licenses to grow marijuana for research.
Prior to the vote, a bitter dispute broke out over a provision of the legislation that prevents anyone with a “conviction for a felony or drug-related misdemeanor” from being affiliated with cannabis research cultivation operations.
“There is no legitimate health or public safety justification for the inclusion of this language and we urge you to strike this unnecessary, punitive ban on individuals with previous drug law violations,” reads a letter sent to the committee’s leaders on Wednesday by the American Civil Liberties Union, Human Rights Watch, #cut50, the Drug Policy Alliance and other groups. “To help lower recidivism rates and improve public safety, we should be making it easier for people with records to obtain jobs, not more difficult.”
Legalization supporters scrambled this week to build support to amend the bill accordingly, but House Judiciary Committee Chairman Bob Goodlatte (R-VA)—who has long opposed marijuana reform but is a cosponsor of the research legislation—refused to go along with a compromise that would have stripped the restrictions on people with drug misdemeanors while maintaining the ban on those with felony convictions, Capitol Hill staffers and advocates said.
As a result, some drug policy reformers who otherwise strongly support expanding marijuana research balked on the bill, urging lawmakers to vote no.
The legislation as introduced “unfortunately and unjustly expands the collateral consequences of criminal convictions,” Rep. Jerrold Nadler (D-NY), the top Democrat on the panel, said at the start of an hour-long debate before the vote.
Citing the racially disproportionate manner in which drug laws have been enforced, he said the restrictions in the bill would “compound this injustice by preventing the very people who have been harmed from participating” in research.
But Goodlatte argued that it is “wholly appropriate that we set a firm standard for those who are supposed to be growing and manufacturing research-grade marijuana.”
During the committee markup, Rep. Steve Cohen (D-TN) offered an amendment to remove the words “drug-related misdemeanor” from the provision in question, but ultimately withdrew the proposal instead of forcing a vote after Goodlatte made a commitment to work to revise the restrictions before the bill goes to the House floor. The chairman indicated that he would “probably not object” to a carve-out for people with drug possession convictions.
The overall bill, the Medical Cannabis Research Act, sponsored by Rep. Matt Gaetz (R-FL), was then approved by a voice vote.
“While there are many varying opinions on the issue of marijuana, one thing we all can agree on is that we need qualified researchers to study the science to determine if there are any potential medicinal benefits to chemicals derived from cannabis,” Goodlatte said in a statement.
We must ensure that an adequate and uninterrupted supply of research-grade cannabis is available to safe harbor provisions for research facilities. I am proud to lead the efforts to unlock cures through important scientific research.
— Rep. Matt Gaetz (@RepMattGaetz) September 13, 2018
Earlier in the week Gaetz tweeted that “both sides make fair points” about the drug conviction language, but the issue “isn’t important” to him.
“What a shame if disagreement on such a small thing kept us from making University/Hospital/Hospice/VA/MedSchool #MedicalMarijuana research collaboration legal with the vibrant, innovative commercial cannabis industry,” he wrote.
This isn’t important 2 me. Both sides make fair points. But what a shame if disagreement on such a small thing kept us from making University/Hospital/Hospice/VA/MedSchool #MedicalMarijuana research collaboration legal with the vibrant, innovative commercial cannabis industry. https://t.co/i3GB8s1ZMn
— Matt Gaetz (@mattgaetz) September 10, 2018
During the committee hearing on Thursday, Gaetz said that the restriction wasn’t included in initial drafts of the bill and its addition was suggested by people in the marijuana industry who “wanted to raise the bar” and not have “people who wandered out of their drug circle or hacky sack endeavor” leading cannabis research.
Morgan Fox, communications director for the National Cannabis Industry Association, said in a text message that his organization “absolutely did not suggest that and does not support that restriction.”
It is unclear who did suggest it.
While a number of Judiciary Committee Democrats spoke up to say that they could not support the legislation as written, Rep. Ted Lieu (D-CA) said that he was willing to vote to advance it in the hopes of it being amended later.
Rep. Dina Titus (D-NV), who is not a member of the panel, praised its passage in a tweet, as did Rep. Ken Buck (R-CO), who sits on the committee.
Today the Judiciary Committee passed the Medical Cannabis Research Act. This bipartisan bill I've cosponsored is a small step in removing barriers to federal research, including at our VA facilities. There's more work to do, but this is a commonsense bill that should become law.
— Dina Titus (@repdinatitus) September 13, 2018
Glad to see that HR 5635, The Medical Cannabis Research Act, was adopted by voice in @HouseJudiciary today. This bill wisely regulates medical marijuana research and helps our veterans by allowing the VA to discuss potential medical marijuana trials with them.
— Congressman Ken Buck (@RepKenBuck) September 13, 2018
Legalization advocates, mindful of growing political momentum for marijuana policy reform, said they have moved past the time when they were willing to make major concessions in order to move incremental legislation.
“While the bill’s consideration represents progress, it’s a drop in the ocean given what we need to do to end federal prohibition and repair the harms of the drug war,” Michael Collins of the Drug Policy Alliance said in an interview earlier this week, adding that the restrictive provisions are “egregious, unnecessary and representative of an outdated approach to public policy.”
Others cannabis activists cheered the bill’s passage but questioned whether more research on marijuana was really needed before Congress moves to change its status under federal law.
“While this vote marks a step forward, it must also be acknowledged that despite existing barriers to research, ample studies already exist to contradict cannabis’ federal, schedule I status as a substance without medical utility, lacking acceptable safety, and possessing a high potential of abuse,” NORML Deputy Director Paul Armentano said in a press release. “More clinical research is welcome, but unfortunately science has never driven marijuana policy. If it did, the United States would already have a very different policy in place.”
For too long, Congress has faced a dilemma with cannabis-related legislation: we cannot reform cannabis law without researching its safety, its efficacy, and its medical uses — but we cannot perform this critical research without first reforming cannabis law.
— Rep. Matt Gaetz (@RepMattGaetz) September 13, 2018
Under current U.S. policy, a University of Mississippi farm has for the past 50 years been the only legal source of marijuana for studies. But researchers have often complained that it is too hard to get approval to use the facility’s cannabis products, and that they are often of low quality.
The Drug Enforcement Administration, in the closing months of the Obama presidency, moved to create a process for the federal government to issue additional research cultivation licenses. But the Justice Department under Sessions has blocked the DEA from acting on the more than two dozen applications that have been submitted.
Gaetz’s bill, if enacted into law, would force Sessions’s hand by requiring the granting of more licenses. It now heads to the House floor.
In addition to the requirement to issue additional cultivation licenses, the bill clarifies that Department of Veterans Affairs (VA) doctors can discuss the medical marijuana with their patients and can refer them to participate in scientific studies on the drug’s effects.
The Judiciary Committee vote marks only the second time in history that a congressional panel has approved standalone cannabis reform legislation. Earlier this year, the House Veterans Affairs Committee passed a bill encouraging the VA to conduct research on the medical benefits of marijuana for military veterans.
Cory Booker Endorses Bill To Legalize Marijuana In New Jersey
Efforts to legalize marijuana in New Jersey received a high-profile endorsement on Friday, with U.S. Sen. Cory Booker (D-NJ) voicing support for the bill in a statement.
The senator, who is a 2020 Democratic presidential candidate and also sponsored congressional legislation to end federal cannabis prohibition, is the latest in a growing list of political leaders who’ve advocated for the bill, which was approved by state Senate and Assembly committees earlier this week and is expected to receive floor votes in both chambers on Monday.
“New Jersey is the first state in the country to couple decriminalizing marijuana with strong criminal justice reform measures to redress the decades of immense harm inflicted by an unfair system,” Booker said. “All too often, communities of color and low-income individuals are unjustly impacted by our broken drug policies, but by including measures to expunge records and reinvest in the communities most impacted, our state has the opportunity to lead in prioritizing social justice.”
NJ is set to vote on a marijuana legalization bill that has strong measures to reverse the damage of the War on Drugs.
I hope this bill passes & NJ can lead the nation on this. Marijuana legalization & social justice *must* go hand in hand. We can’t have one without the other.
— Sen. Cory Booker (@SenBooker) March 22, 2019
The bill’s focus on social equity provisions has been critical in shoring up support as the legislature gets closer to a vote. Gov. Phil Murphy (D) has been putting out calls to advocates and lawmakers to get the legislation advanced, which would fulfill a campaign promise of his.
“With this bill, New Jersey legislators can send a strong message to the country that marijuana legalization and social justice must be inextricably linked,” Booker said. “I’m hopeful our state will succeed in setting this example.”
It’s been a complicated process to form a coalition united around passing legalization in New Jersey. Disagreements between the governor and lawmakers about certain aspects of the bill such as tax rates and regulatory structures were finally resolved earlier this month when a compromise was reached. And amendments to expand expungement provisions gave the mayors of the state’s two largest cities proper assurance to back the legislation.
That said, Newark Mayor Ras Baraka (D) and Jersey City Mayor Steven Fulop (D) continue to push for automatic expungements, as opposed to virtual expungements. Murphy said that automatic expungements is not a feasible policy.
“Now more than ever, we must work together,” the mayors said in a statement on Friday. “Again, we stand in unison in support of this legislation that could potentially become New Jersey’s law. We should aim to become a model state from which other states can clearly follow. We should address these issues in a manner that protects our communities and the people that live here.”
Mayors @rasjbaraka & @StevenFulop announce support of the proposed cannabis legislation after assurance from state leaders that they will continue to seek full automatic expungement. https://t.co/QN1LeDt6wl pic.twitter.com/bJFbTHOR0a
— City of Newark (@CityofNewarkNJ) March 22, 2019
On Thursday, the governor’s office also released a list of quotes from lawmakers, activists and spiritual leaders voicing support for the legalization legislation.
“If we have learned anything at all, it is that the status quo has been disproportionately unfair to minority communities,” Assembly Speaker Craig Coughlin (D) said. “This bill is a step in the right direction to correct that inequality.”
Senate President Steve Sweeney (D) agreed, saying the legalization bill will “advance social justice, legal justice and economic justice in meaningful ways.”
“This is an opportunity for continued progress as we strive for a society that respects the rights of everyone,” he said.
Whether the legislation will be approved is yet to be seen. NJ.com is keeping track of where lawmakers currently stand on the bill, and as of Friday afternoon their online whip count shows that a majority in the Senate plan to vote against it, while votes allocated so far in the Assembly are roughly even.
Photo courtesy of Jamelle Bouie.
Connecticut Lawmakers Hold Two Simultaneous Hearings On Marijuana Legalization Bills
Two Connecticut committees held hearings on bills to legalize marijuana and expand the state’s medical cannabis program on Friday.
The proposed legislation would permit adults 21 and older to possess, purchase and consume certain amounts of marijuana for personal use. The House bill also includes a number of social equity provisions that are meant to encourage people from communities that were disproportionately impacted by prohibition to participate in the legal industry.
While reform advocates generally support the bills, they’ve also made a series of recommendation to increase the focus on restorative justice and to include policies such as allowing home cultivation.
In the legislature’s General Law Committee, witnesses including a commissioner for the state’s medical cannabis program and social equity advocates testified about HB 7371. That bill would establish a governor-appointed commission to regulate the industry, give licensing priority to individuals from communities most impacted by the drug war and require the commission to conduct a study on permitting a home grow option and microbusinesses.
“The time has come to move this forward. We think this is a fantastic start [and] there is definitely some amazing language in here,” Jason Ortiz, president of Connecticut United for Reform and Equity (CURE), said at the hearing. “There’s just some other pieces that we think undermine the really good parts that we can strike out and maybe amend and move the basic ideas forward.”
“Marijuana prohibition was borne of misinformation and racism and it continues to be enforced unequally to this day,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), testified.
Over in the Judiciary Committee, experts dedicated significant time to testimony about the public health and safety impacts of cannabis legalization. Lawmakers pressed the witnesses on issues such as labeling requirements, what kinds of edibles should be allowed, impaired driving and the mental health affects of consuming high-THC marijuana varieties.
The bill before that panel, SB 1085, would also legalize cannabis for adult use. But the legislation has a focus on expungements for individuals with prior marijuana convictions for possession of 1.5 ounces or less.
As with the House bill, advocates are supportive of the spirit of the legislation but feel certain provisions fall short. For example, MPP said that expungements should apply to convictions for any kind of cannabis conviction. The organization also called for a home grow option, which is not included in either legalization bill under consideration.
Two other pieces of cannabis legislation were discussed at the Judiciary committee hearing. One would create a misdemeanor penalty for driving while consuming marijuana and provide $500,000 in funding for law enforcement to train officers as drug recognition experts. The other bill specifies that employers don’t have to provide special accommodations for employees who use cannabis while working.
As one of the states considered most likely to legalize cannabis in 2019, the hearings offer another example of how the conversation around reform has shifted from “should it be legal” to “how should it be legal,” with the hearings largely concentrated on defining and promoting social equity provisions.
If either bill makes it through the legislature, Gov. Ned Lamont (D) is expected to sign.
It's time for #CT to legalize marijuana for recreational use. We should expunge criminal charges for simple possession. This will lead to a safer market, and some of the proceeds can be used to correct historical wrongs and support addiction services. https://t.co/BruJ1l1TY6
— Gov. Ned Lamont (@GovNedLamont) March 22, 2019
Committee votes are expected on Monday.
Photo courtesy of Brian Shamblen.
GOP Lawmakers Want Marijuana Banking Vote Delayed In Congress
A key congressional committee is scheduled to vote on far-reaching legislation that would expand marijuana businesses’ ability to store their profits in banks on Tuesday.
But key Republican lawmakers on the panel are now asking Chairwoman Maxine Waters (D-CA) to delay the vote.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Read the full letter seeking a delay in the marijuana banking vote below:
GOP seeks delay on marijuan… by on Scribd