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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

Federal Medical Marijuana Amendment Author Dies At 79

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If you’ve only been paying close attention to marijuana policy for a few years, Maurice Hinchey’s name is one you may not recognize.

But if you are a patient who relies on medical cannabis or an entrepreneur in the legal marijuana industry, you owe Hinchey, who died this week, a debt of gratitude.

As a Democratic congressman from New York, Hinchey was the original sponsor of the federal spending provision that now protects state medical cannabis laws from Department of Justice interference.

First introduced in 2001 and then periodically after that, the measure wasn’t even enacted until after Hinchey retired from Congress in 2013.

The next year, after repeatedly failing on the floor of the House of Representatives, the measure was finally approved with a bipartisan vote and was included in a Fiscal Year 2015 spending bill signed into law by then-President Obama in late 2014.

Here’s a video of Hinchey introducing and debating the measure for the first time, in July 2001:

(Scroll to 10:08:20.)

In 2001, only eight states had legalized medical cannabis, a far cry from the 29 state laws that are now on the books.

Instead of insisting on a vote that would almost certainly have lost, Hinchey withdrew the amendment following a passionate debate.

Two years later, Republican Congressman Dana Rohrabacher of California teamed up with the Democrat on the officially rebranded Hinchey-Rohrabacher measure.

That lost, by a vote of 152 to 273:

(Scroll to 10:14:05.)

The bipartisan duo teamed up on the amendment several more times in subsequent years, losing each time.

(Scroll to 2:56:05.)

(Scroll to 6:36:00.)

(Scroll to 10:31:25.)

(Scroll to 7:24:25.)

Then, in 2014, after Hinchey retired, Democrat Sam Farr of California joined with Rohrabacher in sponsoring the measure. By that time, many more members of Congress represented places where constituents were using medical cannabis in accordance with state law.

Finally, the dam had broken. The Rohrabacher-Farr measure passed the House by a vote of 219 to 189. It got included in the final spending bill that year, and it was approved the next year, as well, by an increased tally of 242 to 186.

While House Republican leadership has since blocked floor votes on the measure and other cannabis amendments, it remains current law thanks to victories in the Senate Appropriations Committee and its language not being deleted from short-term federal funding extension bills to keep the government operating.

That’s the case at least until December 8, when current federal funding — along with policy riders like the medical cannabis protections — are set to expire.

In the meantime, advocates working to convince Congress to include the provision in Fiscal Year 2018 legislation should take a moment to consider the efforts of the late congressman whose work more than a decade and a half ago began to make the federal government take medical marijuana seriously.

Photo courtesy of the Hinchey Family.

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Former Republican A.G. Warns Sessions Against Marijuana Crackdown

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Current U.S. Attorney General Jeff Sessions would be wrong to crack down on state marijuana laws, one of his Republican predecessors says.

“To prosecute an act that is otherwise lawful under state law, one could make the argument [that] as a matter of policy, we’ve got other priorities we ought to be spending our resources on,” Alberto Gonzales, who served as attorney general during President George W. Bush’s administration, said in an interview with Newsweek.

“With respect to everything else going on in the U.S., this is pretty low priority,” he added.

And what’s more, cracking down on seriously ill people who rely on medical cannabis and their providers who are following state laws would look bad, Gonzales warned his successor.

“The optics just aren’t very good, quite frankly,” he said.

As a U.S. senator, Sessions was long one of Congress’s most vocal opponents of legalization, saying last year that “good people don’t smoke marijuana.”

But while deploying threatening and concerning comments about cannabis policy from time to time as attorney general, he hasn’t moved to rescind Obama-era guidance that generally allows states to implement their own marijuana laws without federal interference. At least not yet.

Last week, at a House hearing, Sessions testified that the previous administration’s approach remains in effect for now.

Gonzales, in the Newsweek interview, said that Sessions would probably clear any big cannabis moves with the White House first.

“What people often fail to understand or appreciate, is that the attorney general works for the president,” he said. “While the attorney general has a great deal of say about law enforcement policy, so does the White House. When Jeff Sessions makes something, he responds to the White House.”

On the campaign trail, President Trump repeatedly pledged to respect state marijuana laws, going so far as to say he personally knows people who benefit from medical cannabis.

Despite Gonzales’s apparent supporting for letting states enact their own marijuana polices today, his Justice Department argued before the U.S. Supreme Court in 2004 that it had the right to punish medical cannabis patients who were following local policies.

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Top GOP Senator’s Bill Lets DC Legalize Marijuana Sales

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Washington, D.C. would finally be allowed to legalize marijuana sales under a new bill authored by a powerful Republican senator.

Voters in the nation’s capital approved a ballot initiative that legalized cannabis possession and home cultivation in 2014. But under a current annual budget rider, the city is not allowed to spend its own money setting up a legal regulatory system for marijuana sales. As such, the city can’t earn tax revenue on recreational marijuana like Colorado and seven other states that have ended prohibition are.

That would change under legislation released on Monday by Sen. Thad Cochran (R-MS), chairman of the powerful Appropriations Committee.

The new bill, which funds various federal agencies and concerns appropriations covering the District of Columbia government, is totally silent on the matter of D.C. marijuana sales. That means that if its language is enacted as part of a Fiscal Year 2018 spending agreement, the ban in current law will disappear.

But, unfortunately for marijuana legalization advocates, it’s not that easy. The version of 2018 spending legislation approved by the House in September not only continues the current ban but actually broadens its language to close a potential loophole that advocates had urged D.C. officials to pursue in order to fund regulation of legal cannabis sales.

As a result, if the language in the new bill released by Cochran on Monday is approved by the Senate, the differences will need to be reconciled by a conference committee made up of a handful of members from either chamber. And at that stage, behind closed doors, anything could happen.

In 2015, Cochran made a similar move by excluding the D.C marijuana sales ban language in a chairman’s mark. But the House-passed ban was included in that year’s version of final spending legislation anyway.

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