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Marijuana In Casinos? Not Until Federal Law Changes, Vegas Congresswoman Says

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Congresswoman Dina Titus voted for the marijuana legalization measure on Nevada’s ballot a year ago. Since then, she has been fighting on Capitol Hill to get the federal government to respect the decision she and a majority of her constituents made to end prohibition.

The Las Vegas Democrat has sponsored or signed onto bills and amendments that would protect state laws from Justice Department interference, allow marijuana businesses to use banks and let military veterans access medical cannabis recommendations through government doctors, among others.

Those measures haven’t advanced, however, because of roadblocks thrown up by Congressional Republican leadership.

But even though the GOP-controlled House Rules Committee won’t allow floor votes on marijuana amendments, and Speaker Paul Ryan hasn’t done anything to help, Titus said in an interview that cannabis isn’t just an issue for Democrats.

“This was not partisan,” she says of the measures she has supported. “It was heavily Democratic but we had Republicans supporting these amendments. I think if they came to the floor they would pass.”

Indeed, large bipartisan majorities approved floor amendments to protect state medical cannabis laws from federal interference in 2014 and 2015, but since then House leadership has consistently prevented votes.

Titus says that “Republicans aren’t going to buck their leadership and sign a discharge petition” to circumvent committees and force measures to the floor, but she is hopeful that shifting poll results on legalization and the growing number of changing state laws will make Congress come around soon.

“We’re going to keep on beating the drum, and I think you reach a tipping point because every cycle there are more initiatives and more efforts by state legislatures to legalize marijuana in some fashion. It’s over half of the states that have it now,” she says. “So when public opinion shifts…and more states make it legal, then the Republicans are going to have to respond.”

Titus believes it is important that she tailor her pitch when trying to convince fellow members of Congress to support cannabis legislation.

“You make the argument based on who you’re talking to,” she says. “Some believe it’s a criminal justice issue. Others believe it’s a states’ rights issue. Others see it as a medical opportunity issue. You’ve got a few who are just old stoned hippies who want to do it.”

For her part, Titus says that in addition to representing the views of her constituents, she has focused so much of her time on cannabis law reform because of people she knows who are impacted by current policy.

“I have many, many veterans in southern Nevada, and I have seen the problem of opioid addiction and I think that medical marijuana is a viable option,” she says. “And I’ve heard the stories of families of children with epilepsy who say this is the only way their children can get relief from having episodes. You hear stories like that, you think, ‘We’re missing the boat if we’re not looking at all the possibilities.'”

The congresswoman has also built relationships with marijuana business operators that she represents in her district.

“A lot of people in Las Vegas who are my constituents are in this business, and I have visited a number of the dispensaries,” she says. “There are not little head shops on the corner with black lights and pictures of Che Guevara. There are very professional operations. They’ve got agronomists, they’ve got scientists. They are respectable places with high security. They improve the neighborhood. They don’t bring it down.”

Titus thinks Nevada officials have done a good job implementing what voters approved, partially because the state has previously been a pioneer in regulating formerly prohibited activity, namely gambling.

“I think that’s pretty well shaken out,” she says. “This is a whole new area for us, but we have experience regulating something that’s kind of unusual because of our gaming and I think we were able to adjust to it pretty well.”

But for now, there’s no overlap between the state’s cannabis and gaming industries, largely because regulators for the latter have prohibited casinos from entering the marijuana trade.

“It won’t happen until federal legislation happens, because gaming is so tightly regulated and they’re not going to take any chances of losing a license or having the feds step into the gaming world because of marijuana,” Titus says. “It’s kind of like the banks that don’t want to do business with marijuana companies because of federal regulation. So it’s going to take not just becoming mainstream or not just becoming legalized at the state level, but federal action before that happens.”

One area where Titus does see opportunity for advancement without Congressional action is improving military veterans’ access to medical cannabis. Under current Department of Veterans Affairs policy, government doctors are not allowed to fill out medical marijuana recommendation forms, even in states where it is legal.

It’s “a crying shame,” she says.

Despite some victories on the House floor and in a Senate committee, efforts to force a change at the VA haven’t been enacted into law. But VA Sec. David Shulkin could change the policy himself, if he wanted to.

“I’m very disappointed in the VA not moving this forward,” she says. “I think they should do it without legislation.”

The issue is particularly important in light of increased attention being paid to opioid addiction and overdoses. “The veterans who want to try [marijuana] have to use it on their own, pay for it out of their own pockets and who knows how it interacts with other things that are being prescribed,” Titus says. “The opioid crisis, I think, has been perpetuated by the VA because it’s so much easier to give somebody a pill than it is just to deal with some of the demons that they may face or some of the real physical problems. Veterans come back now not with just one injury but maybe 10, 12 injuries because of the new science on the battlefield.”

On broader marijuana enforcement issues, despite concerning comments from U.S. Attorney General Jeff Sessions and other Trump administration officials, there have been no formal policy changes announced this year.

“We’re just in limbo,” Titus says. “That can be as bad as knowing what you have to face even if it’s something you don’t like.”

The congresswoman remains optimistic about shifting tides on marijuana issues, however, and in particular is impressed by how the legalization movement and the industry it has created have stepped up their game.

“The groups that represent different aspects of the medical marijuana and recreational marijuana industry are getting much more energized, much more mobilized, much more professional in their lobbying efforts,” she says. “I think you’re going to see that start to increase.”

This piece was first published by Forbes.

Photo courtesy of National Nuclear Security Administration.

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Politics

Marijuana Opponent Kennedy Reconsiders State Legalization Protections

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A Democratic congressman who has acknowledged he is out of step with his party on marijuana policy now says that he doesn’t necessarily support federal crackdowns on states with legalization, even though he has repeatedly voted to allow such enforcement actions.

“The federal government policy on this is incoherent, and the federal government needs to get far more coherent on this,” Congressman Joe Kennedy III (D-MA) said in an interview this week. “For states that have put in place the proper safeguards and procedures, I’d be inclined to support those states.”

Legalization supporters were upset when Democrats tapped Kennedy last month to deliver the party’s response to President Trump’s State of the Union address.

As a member of Congress, Kennedy has not only opposed his state’s move to legalize marijuana, but has voted against amendments to shield state medical marijuana laws from federal interference, allow military veterans to access medical cannabis and protect children who use non-psychoactive cannabidiol extracts to treat severe seizure disorders.

One of only a handful of Democrats to oppose those proposals, Kennedy knows that his views on cannabis are out of step with the party.

“I come at it a little bit differently, obviously, than the vast majority of my colleagues,” he said in a separate interview this month. “I think the party is clearly moving in that legalization direction. It might already be there.”

But in the new interview this week, Kennedy made clear that he still has a lot of concerns about legalization, which he campaigned against in Massachusetts.

“There’s a pretty robust voice in the addiction community that points out some of the challenges and how it has had negative impacts on folks,” he said. “Those voices should be listened to as well.”

He also isn’t sold on medical cannabis, which voters legalized in his state in 2012.

“If we are going to treat something like a medicine, it needs to go through the proper medical trials,” he said. “We’re not going through that process.”

But although Kennedy has repeatedly voted in Congress to allow the Department of Justice to arrest and prosecute medical cannabis patients and providers, he says he doesn’t necessarily want the DEA to launch large-scale raids.

“Assuming there are communities that are doing this in a safe and effective way, I certainly could see myself allowing that go forward,” he said. “I don’t want to upend the access to care that these patients need.”

Although he’s “not proposing a crackdown on it,” Kennedy acknowledged that his overall skepticism about cannabis is “not necessarily reflective of the voters of Massachusetts.”

“I want to make sure that we go about this in the right way with the right safeguards in place to not end up in a circumstance where we can get ourselves in trouble,” he said.

Kennedy’s grandfather, former U.S. Attorney General Bobby Kennedy, criticized the hypocrisy underlying marijuana criminalization half a century ago.

Bobby Kennedy Questioned Marijuana Criminalization 50 Years Ago

Photo courtesy of Martin Grondin.

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Joe Arpaio Supports Medical Marijuana, “Kind Of”

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A former sheriff known for disregarding the rights of immigrants, Latinos and people convicted of drug crimes — and who recently received a pardon from President Trump for his own criminal contempt of court — is voicing support for medical marijuana.

“I wish there was something more we could do with the medical dispensaries to help our veterans [and] people who are sick. I still can’t understand why you can’t go to a drug store on a prescription and get this type of drug,” Joe Arpaio, now a U.S. Senate candidate in Arizona, said. “The medical dispensaries, I kind of support it if it can help the sick people.”

Arpaio was answering a question from Larry King.

This isn’t the first time the former sheriff has spoken in support of medical cannabis.

In 2015, he appeared at an event aimed at educating senior citizens about medical marijuana.

“If this is one thing that really will help them, the medical part of it, and is done legitimately, no diversion, I don’t know, what’s the difference going to the drug store and getting a prescription,” he said at the time.

The opinion of the former Bureau of Narcotics and Dangerous Drugs special agent appears to have shifted over time. In 2010, he campaigned against Arizona’s medical cannabis ballot measure, which ultimately eked out a narrow victory on Election Day.

But while Arpaio sees medical potential for marijuana, he doesn’t support its broader legalization.

“I don’t support using or selling marijuana across our nation,” he said in the new interview with King. “Actually it’s against the law. It’s against the federal law anyway.”

Last year, Arpaio was found in contempt of federal court after refusing to obey a judge’s order to stop racial profiling practices. He also, at one point, got a tank from the Army and decorated it with “Sheriff Arpaio’s War on Drugs” written on the sides.

Congresswoman Martha McSally, who is also running for the Republican nomination for the Arizona Senate seat, voted against amendments to protect state medical cannabis and marijuana legalization laws from federal interference.

Congresswoman Kyrsten Sinema, a Democrat running for the seat, voted in favor of both measures.

Photo courtesy of Gage Skidmore.

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Senate Measure Shields Immigrants From Deportation For Marijuana

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The U.S. Senate could soon vote on whether immigrants should be deported for marijuana activity that follows state laws.

As Congress considers proposals to address immigration policy and border security this week, Sen. Ron Wyden (D-OR) filed an amendment to shield people who use cannabis or work in the industry in legalized states from being deported or denied visas.

It reads:

SA 1983. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION ON INADMISSIBILITY OR DEPORTATION OF
ALIENS WHO COMPLY WITH STATE LAW.

(a) Prohibition on Inadmissibility.–Section
212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(A)(i)(II)) is amended by inserting “other
than an act involving marijuana that is permitted under the
laws of a State or the law of an Indian tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304), that has jurisdiction over
the Indian country, as defined in section 1151 of title 18,
United States Code, in which the act occurs” after
“802)),”.

(b) Prohibition on Deportation.–Section 237(a)(2)(B)(i) of
the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(B)(i)) is amended by striking “marijuana,” and
inserting “marijuana or an offense involving marijuana that
is permitted under the laws of a State or the law of an
Indian tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304),
that has jurisdiction over the Indian country, as defined in
section 1151 of title 18, United States Code, in which the
offense occurs”.

Under current law, immigrants “who at any time after admission” are convicted of a violating any state, federal, or foreign drug law, “other than a single offense involving possession for one’s own use of 30 grams or less of marijuana,” are considered deportable. Those committing certain drug crimes are also ineligible to receive visas or be admitted to the U.S.

Wyden’s amendment would provide exemptions for people who handle marijuana in accordance with state laws.

It is unknown when or if the proposal will receive a vote on the floor.

Photo courtesy of JD Lasica.

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