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Marijuana In The Governor’s Mansion: Record Number Of Candidates Say Legalize It

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As polls continue to show that a growing majority of voters support legalizing marijuana, more and more politicians are beginning to embrace the issue, and this year’s midterm elections provide the latest datapoint in the ongoing evolution of cannabis into a mainstream political issue.

At least 21 major party gubernatorial nominees on U.S. ballots this year support legalizing cannabis, a new Marijuana Moment analysis finds. That’s far more than have embraced marijuana law reform than in any previous election cycle.

Some of the candidates listed below support legalization more forcefully than others. While some have made cannabis reform a centerpiece of their campaigns, others seemed to embrace ending prohibition only reluctantly or when pressed on the issue.

Beyond those would-be governors who are calling for a complete end to marijuana prohibition, a large number of additional contenders support reforms like decriminalization or medical marijuana, and others say they are open to legalization at some point.

While the two sitting governors listed below who have actually signed marijuana legalization bills into law are Republicans, this review found that Democratic contenders are much more likely to support cannabis reform than are GOP candidates, perhaps a reflection of the fact that while a bare majority of Republican voters now support ending prohibition, registered Democrats have been more strongly in favor for a longer period of time, according to polls.

This analysis focuses on major party candidates who have made their positions on marijuana clear over the course of their primary and general election campaigns, and doesn’t include a comprehensive look at the records of every single contender in each of the 39 gubernatorial races in states and U.S. territories this year.

Gubernatorial Candidates Who Support Legalizing Marijuana

California – Gavin Newsom (D)

As the state’s lieutenant governor, Newsom became one of the first prominent mainstream Democrats to endorse legalization when he told the New York Times in 2012 that “these laws just don’t make sense anymore” and “it’s time for politicians to come out of the closet on this.”

He later empaneled a blue ribbon commission on cannabis whose report informed the drafting of the state’s successful 2016 legalization ballot measure, for which Newsom actively campaigned.

He has since taken a forceful stance in response to U.S. Attorney General Jeff Sessions’s rescission of Obama-era protections for state marijuana laws, signaling that he would vigorously fight any federal move to interfere with California’s legalization policies.


Colorado – Jared Polis (D)

As a congressman since 2009, Polis has consistently been one of the most active cannabis reform supporters on Capitol Hill, sponsoring or cosponsoring dozens of marijuana-related bills and amendments concerning issues like banking access, fair taxation, hemp and military veterans’ access to medical cannabis.

While he did not publicly campaign for the state’s marijuana legalization measure prior to its passage in 2012, he has since embraced it wholeheartedly.

During the course of his gubernatorial campaign, he has toured several marijuana and hemp businesses.


Commonwealth of the Northern Mariana Islands – Ralph Torres (R)

Torres, the incumbent governor, signed a marijuana legalization bill into law in September.

“Today, our people made history,” he said at the time. “We took a stand to legalize marijuana in the CNMI for recreational, medical, and commercial use.”


Connecticut – Ned Lamont (D)

A businessman and previous U.S. Senate candidate, Lamont says legalizing marijuana is “an idea whose time has come.”

He also said that cannabis is “not a gateway drug compared to opioids” and that he’d use tax revenue from legal sales to fund drug treatment programs.


Florida – Andrew Gillum (D)

The Tallahassee mayor said during his successful primary campaign that he was “proud to be the first candidate in this race to support legalizing marijuana.”

Gillum sent a blast to his email list proposing to fund teacher salary raises with legal marijuana tax revenue.

“We could raise anywhere from $900 million to $1 billion in new annual revenue — and that doesn’t include new economic activity from people no longer incarcerated for simple possession crimes, or low-level marijuana offenses,” he wrote in a separate blog post.

One of his campaign ads flashed the words “legalize marijuana” on screen along with other policy proposals.


Georgia – Stacey Abrams (D)

The former minority leader of the state House of Representatives confirmed in a Reddit “Ask Me Anything” session that she’s a “yes” on legalizing marijuana, adding that “this includes building a statewide network of mental health and substance abuse treatment centers.”

Abrams also backs decriminalizing marijuana possession.

And she wants to expand the state’s limited medical cannabis program.


Idaho – Paulette Jordan (D)

While Jordan, a former state legislator and tribal council member, has focused more on decriminalization and medical cannabis during her campaign, she does support full marijuana legalization.

During a Democratic primary debate, she said there’s “nothing wrong” with legalization

Addressing legalization in a Facebook Live interview with the Idaho Statesman (roughly 10 minutes into the video below), she said, “the numbers that have been very beneficial to other states when it comes down to resources for education.”


Illinois – J.B. Pritzker (D)

A billionaire venture capitalist, Pritzker made supporting marijuana legalization a centerpiece of his gubernatorial primary campaign and has since continued to focus on the issue amidst his general election battle with incumbent Gov. Bruce Rauner (R).

“We can begin by immediately removing one area of racial injustice in our criminal justice system,” he said during his primary night victory speech. “Let’s legalize, tax and regulate marijuana.”

Earlier this year he held a press conference outside of a medical cannabis dispensary to push back on anti-marijuana signals coming from the Trump administration.

“I also support legalizing and taxing recreational use of marijuana, which is estimated to generate as much as $700 million a year for the state,” he wrote in a candidate questionnaire. “No more studies are needed to show it’s time for Illinois to safely move forward and legalize marijuana. As governor, I will modernize drug laws and move Illinois towards a criminal justice system that gives all Illinoisans a chance to reach their full potential.”

Pritzker has also highlighted racial disparities in cannabis enforcement.

“Criminalizing marijuana hasn’t made our communities safer, but has disproportionately impacted black and brown communities,” he said. “The criminalization of cannabis never has been and never will be enforced fairly, and it’s time to bring that to an end. To right past wrongs, we also have to commute sentences of people in prison who are there for marijuana offenses.”


Maine – Janet Mills (D)

Currently the state attorney general, Mills said that “properly implemented, marijuana legalization has the potential to create thousands of jobs, grow the Maine economy, and end an outdated war on drugs.”

In light of the fact that Maine voters already approved legal cannabis in 2016, she has joined officials from other states in “calling on Congress to allow banks and credit unions to serve state-licensed marijuana businesses without penalty, ending the cash-based shadow economy that still haunts states who have legalized marijuana,” she said.


Maryland – Ben Jealous (D)

The former NAACP president and CEO says comedian Dave Chappelle, a childhood friend, first convinced him to support ending marijuana prohibition.

If elected, Jealous plans to use legal cannabis tax revenue to fund universal pre-kindergarten.

“It’s a great win-win,” he said in an interview with Marijuana Moment. “And it’s rare in politics, but it’s also urgently needed. We know that we have to end mass incarceration—and yet go further. We have to really get back to opening up the gates of opportunity for all of our children. And by legalizing cannabis, we get to make progress on both fronts.”


Massachusetts – Jay Gonzalez (D)

The former state secretary of administration and finance says that the “people have spoken and we have an obligation as a state to implement the [legal marijuana] law as passed by the voters,” adding that it should be done “quickly” but in a way that keeps “public safety at the forefront.”

Calling federal interference with state marijuana policies “a problem,” he said that “our governor should be standing up vociferously and advocating against” any intervention with the commonwealth’s cannabis laws.

He also supports requiring insurance programs to cover medical cannabis.


Michigan – Gretchen Whitmer (D)

The former state lawmaker says she will vote “yes” on the marijuana legalization measure on Michigan’s November ballot.

Whitmer says that she also supported the state’s medical cannabis ballot measure in 2008 and that it can be used an an “exit drug” away from opioids.


Minnesota – Tim Walz (D)

The sitting congressman wants to “replace the current failed policy with one that creates tax revenue, grows jobs, builds opportunities for Minnesotans, protects Minnesota kids, and trusts adults to make personal decisions based on their personal freedoms.”

He even tweeted his support for legalization on April 20, the unofficial cannabis holiday.

A Walz proposal to encourage the Department of Veterans Affairs to study the benefits of medical cannabis for  military veterans became the first-ever standalone marijuana bill to be approved by a congressional committee earlier this year.

He has also pushed back against potential federal intervention in state marijuana laws.


Nevada – Steve Sisolak (D)

The Clark County commissioner has pledged to continue implementing the state’s voter-approved legal marijuana law, with a special emphasis on steering tax revenues toward education.

“It’s done a lot for our economy, both in terms of jobs and in tax revenue,” he said in a podcast appearance.

“The reality is, this is the future,” he said in another interview. “Let’s not be ashamed of it.”

Sisolak has also spoken at a number of cannabis events and even appeared at the grand opening of a marijuana dispensary.


New Hampshire – Molly Kelly (D)

“It’s also time for New Hampshire to join other New England states in legalizing, regulating and generating revenue from marijuana,” the former state senator says on her campaign website.

During a debate with incumbent Gov. Chris Sununu (R), who signed marijuana decriminalization into law but opposes broader legalization, Kelly argued that cannabis is not a gateway drug.

“I do support legalizing, regulating and taxing marijuana,” she said. “It is not a gateway to other drugs. In fact, I believe that legalizing and regulating marijuana will bring it out of the dark and away from drug dealers.”


New Mexico – Michelle Lujan Grisham (D)

The current congresswoman has spoken in support of legalization during debates and elsewhere on the campaign trial, arguing that cannabis is “not a gateway drug.”

Arguing during one debate that legalization would bring “hundreds of millions of dollars to New Mexico’s economy,” Lujan Grisham said she would be “inclined to sign” a bill as long as it effectively regulates edibles, fosters workplace safety, limits underage consumption and protects the current medical cannabis program.

“The states that have gone to recreational marijuana have been very clear that it’s an economic boost for their states,” she said.

She has also focused on medical cannabis as an alternative to opioids.

In Congress, Lujan Grisham voted several times for amendments to shield state medical marijuana programs from federal interference, as well as a broader proposal to protect recreational laws.

And she proudly touted an endorsement from the pro-legalization Drug Policy Alliance.


New York – Andrew Cuomo (D)

The incumbent governor, who was calling marijuana a “gateway drug” as recently as last year, changed his mind about legalization in a big way over the course of 2018.

Facing a vigorous primary election challenge from the pro-legalization actor Cynthia Nixon, Cuomo revised his approach—whether as a result of political necessity or genuine personal evolution on the topic.

Early in the year, noting that neighboring states are moving to end prohibition, the governor directed the New York Health Department to undergo a study of legalization, the result of which was a report that concluded the “positive effects” of ending cannabis prohibition “outweigh the potential negative impacts.”

More recently, Cuomo’s administration held a series of listening sessions on marijuana throughout the state to receive feedback from the public. And more consequentially, the governor appointed a working group to draft cannabis legalization legislation for lawmakers to consider in 2019

It’s true that Cuomo hasn’t yet explicitly stated, “I support legalizing marijuana,” but his evolution on the issue is clear, and his moves as governor this year—in particular his directive for a panel to actually write a legalization bill to be voted in the next legislative session—have carved a path for the state to be among the next to end prohibition.


Ohio – Richard Cordray (D)

While the former state attorney general and head of the U.S. Consumer Financial Protection Bureau has been reluctant to embrace marijuana reform for most of the campaign, he did finally say he’d personally vote for a legalization measure when pressed during a debate.

“When it goes to the ballot, I will cast my vote yes to legalize it,” he said.

Cordray previously had spoken about improving implementation of the state’s medical cannabis law and said that he would implement the will of voters if they approved legalization on the ballot. But he also distanced himself from a failed 2015 measure that was opposed even by many legalization advocates who were concerned with its provisions granting control of cultivation to the same investors who paid to put it on the ballot.

“As Governor, Rich Cordray will fix the botched implementation of Ohio’s medical marijuana program to ensure that patients have access to the medicine they need in a safe and affordable manner,” a campaign spokesperson told Marijuana Moment in an interview earlier this year. “He also thinks that the last marijuana ballot referendum failed partly because it was a flawed proposal. He supports voters’ right to propose a new referendum and will follow the will of the voters if it comes to a vote.”

Cordray has also talked about medical cannabis as an alternative to opioids.


Oregon – Kate Brown (D)

The incumbent governor has pushed back against federal threats to interfere with the legalization law that her state’s voters approved in 2014, saying that it has created a “thriving economy.”

“We are implementing the will of the voters here in a way that is successful for the economy,” she said in a press conference earlier this year. “The priority of the policy is to keep our children safe and to make sure that we keep marijuana off the black markets. It’s been successful here. We want to continue that path.”

“This is a job creator for Oregon,” she added.


Vermont – Christine Hallquist (D)

The former CEO of the Vermont Electric Cooperative wants to expand the state’s existing noncommercial legalization of marijuana to allow for regulated and taxed sales.

“We don’t know where our marijuana is coming from, what it’s been grown with, or what it’s been sprayed with,” she said during a debate with incumbent Gov. Phil Scott (R), who signed the limited legalization bill into law but is wary of adding commercial cannabis sales. “Worse yet, you could see situations like New York, where it’s cut with other things of addictive and dangerous properties.”

In an interview with Heady Vermont, Hallquist pledged to “work with the legislature to ensure that a tax and regulate system was passed into law in my first term.”

Hallquist said she wants to use legal cannabis tax revenue to pay for water quality programs.


Vermont – Phil Scott (R)

The incumbent governor isn’t exactly a marijuana policy reform enthusiast, but he did sign a bill into law earlier this year that allows Vermonters to legally grow, possess and use small amounts of cannabis.

For now, Scott opposes going further by adding legal sales, and seemed to only reluctantly sign the noncommercial legalization bill after previously vetoing an earlier version.

Still, he gets pro-legalization credit for being the first governor in the nation’s history to put his name on a bill to end cannabis prohibition; all other states that have legalized so far have done so via ballot measures that didn’t require gubernatorial action.


Other Candidates Who Don’t Support Full Legalization Still Back Some Cannabis Reforms

A number of other major-party nominees who aren’t ready to endorse legalization have said that they have an open mind on the issue or are already in support of simple marijuana decriminalization or allowing medical cannabis.

In Alabama, Democrat Walt Maddox is in favor of medical cannabis and wants to study the effects of marijuana legalization in other states. “There’s going to be a lot of data over the next years that’s going to be collected so that if and we can potentially move forward with this, we do so in a thoughtful, strategic way,” he said.

Maddox also backs decriminalizing marijuana.

Georgia Republican candidate Brian Kemp opposes legalization but is “open and supportive” of expanding the state’s limited medical cannabis program.

In Kansas, Democrat Laura Kelly supports medical cannabis.

Nebraska Democratic candidate Bob Krist said that legalizing medical cannabis is “is right on top of my list.”

Drew Edmondson, the Democratic candidate in Oklahoma, says he voted for the state’s successful medical cannabis ballot measure but that he doesn’t believe the state is ready for full legalization.

In Pennsylvania, incumbent Gov. Tom Wolf (D) says the state isn’t quite ready to legalize, but he signed medical cannabis into law and supports decriminalizing marijuana possession.

In Rhode Island, incumbent Gov. Gina Raimondo (D) and Republican challenger Allan Fung say they are both open to legalization, even if they don’t currently endorse it. Fung said he would put the question on the ballot for voters to decide.

South Carolina Democratic contender James Smith supports legalizing medical cannabis and has sponsored legislation to do so as a state representative.

Karl Dean, the Democratic candidate in Tennessee, said he would sign medical marijuana into law.

In Texas, incumbent Gov. Greg Abbott (R) expressed support for some form of marijuana decriminalization during a recent debate with Democratic challenger Lupe Valdez, who backs medical cannabis expansion as well as putting a referendum on full marijuana legalization before voters.

Wisconsin Democratic nominee Tony Evers says he’s “not opposed to” legalization. “I’d support it,” he said, “but I do believe there has to be a more thoughtful, rigorous conversation around it as a state. So I would love to have a statewide referendum on this.”

During a debate with incumbent Gov. Scott Walker (R), who opposes cannabis reform, Evers noted the fact that nearly half the state’s residents will vote on nonbinding marijuana advisory questions this year and said he is “willing to take a look at that, the results of those referenda and possibly support legalization.” In the meantime, he supports decriminalization and his website says he “would support and sign medical marijuana legalization legislation.”

Wyoming Democratic candidate Mary Throne voted for marijuana decriminalization as a state lawmaker and also supports medical cannabis.


What Does It Mean? Marijuana Is Mainstream

It is a near certainty that America will have more pro-legalization governors when new state legislative sessions convene next year. That means that legislators will be more likely to invest time into drafting, hearing and voting on marijuana bills to send to governors’ desks.

While a growing number of Republican voters—and as a consequence, GOP politicians—are beginning to embrace cannabis reform, it is now clear that supporting full marijuana legalization is a mainstream consensus position in the Democratic Party. And that will have implications as the 2020 presidential race heats up in earnest immediately following the midterms.

In the meantime, several states will consider far-reaching cannabis ballot measures on Election Day, the political effects of which are likely to spill over into neighboring states and embolden once-skittish lawmakers to tackle marijuana legislation.

This piece was first published by Forbes.

Photo courtesy of Nicholas C. Morton.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

Where Presidential Candidate Joe Sestak Stands On Marijuana

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Joe Sestak, a former congressman from Pennsylvania and three-star vice admiral in the Navy, announced on Sunday that he is launching a relatively late run for the 2020 Democratic presidential nomination.

Though his record in Congress doesn’t offer many insights into where Sestak stands on marijuana policy, he took one vote in support of shielding state medical cannabis laws from federal interference, and his current campaign site proposes reforming federal laws to facilitate research into the therapeutic potential of psychedelics.

Legislation And Policy Actions

Sestak served in Congress from 2007 to 2011. In that time, he did not proactively sponsor or cosponsor any cannabis-related legislation.

The congressman was present for a vote on just one marijuana amendment attached to a spending bill—one to protect states that have legalized medical cannabis from Justice Department intervention—and he voted in favor of the proposal, even though his state had not yet enacted its own medical marijuana law.

Quotes And Social Media Posts

It’s difficult to assess exactly where the candidate stands on marijuana in part because a scan for relevant terms on his social media posts turns up nil.

Adding to the confusion is the apparent lack of public comments about cannabis policy from Sestak—at least any comments that have been reported by media.

The Philadelphia Inquirer did publish an article in 2016 that described Sestak, a former U.S. Navy admiral, as a “longtime supporter of medical access [to marijuana]—especially for vets” but it did not quote the congressman directly. That piece also noted that his position on cannabis decriminalization is unclear.

Statements on his campaign site do provide a small window into his views on the drug war more broadly.

Sestak argued that President Donald Trump’s proposed wall along the U.S.-Mexico border would be ineffective because “most illicit trafficking of drugs, humans, and weapons, actually happens right under the noses of our border security agents” at legal ports of entry.

He also partially blamed “misguided US policies and the high demand for illegal drugs in the United States” for creating crises that leave many to flee their home countries to seek asylum in the U.S.

“Our country, which sends hundreds of millions in foreign aid to these countries, must do a better job of holding Central American officials accountable for seeing that our funds are spent effectively—and that they do not become fuel for the fires of corruption and instability,” he said.

One of the most revealing positions on drug policy that Sestak has offered also comes from his campaign site: he said that he supports efforts to combat mental health conditions and addiction, and one part of that plan involves changing “federal law to allow doctors and scientists to expand research into the potential of certain psychedelic drugs to complement traditional substance abuse and other mental health treatment.”

“Anti-drug laws should never be an impediment to sound scientific research, but especially not during a public health crisis such as this one,” he said.

Discussing veterans issues, Sestak said that the country “must learn from innovative approaches taken to reduce chronic veteran homelessness like Phoenix’s ‘housing first’ strategy in which homeless veterans are given housing before being required to prove sobriety or pass a drug test,” which also seems to indicate an openness to alternative approaches to drug policy.

Personal Experience With Marijuana

It does not appear that Sestak has publicly commented on any personal experience he’s had with marijuana.

Marijuana Under A Sestak Presidency

Though some reports indicate that Sestak supports medical cannabis reform, and he took one step to protect states that have implemented such programs during his time in Congress, there are more questions than answers when it comes to the candidate’s position on marijuana.

At the very least, his willingness to vote in favor of medical cannabis protections ahead of his state enacting a medical marijuana law should give patients in legal states some sense of comfort, although his limited record on the issue raises questions about whether he’d be willing to extend those protections to adult-use states—and whether cannabis reform would be a priority of his administration at all.

That said, the fact that he included a position on psychedelics reform on his campaign website signals that he’s cognizant of the issue and that his views on broader drug policy reform may have simply flown under the radar.

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Hawaii Marijuana Decriminalization Will Take Effect, Governor Says

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Hawaii Gov. David Ige (D), who has at times expressed serious concerns about marijuana policy reform, announced that he will allow a legislature-passed bill to decriminalize small amounts of cannabis to go into effect.

Ige didn’t include the decrim proposal in a list of legislation he intends to veto by Monday’s deadline.

Lawmakers sent the bill, which punishes possession of three grams of marijuana with a $130 fine instead of jail time, to the governor’s desk in April. As originally introduced, it covered greater amounts of marijuana in line with decriminalization policies in other states, but was watered down as it advanced through the legislative process.

Under current law, possessing cannabis is a petty misdemeanor that carries up to a $1,000 fine.

In a press conference to discuss his veto list, Ige called the marijuana legislation “a very tough call” and said went “go back and forth” on the issue before deciding to let the bill take effect.

The governor said he would have preferred if the decriminalization proposal included provisions aimed at “young people who we would want to get into substance abuse or other kinds of programs to help them deal with drug use.”

In the end, he said, he decided “it would be best not to veto that.”

Watch Ige discuss his decision not to veto marijuana decriminalization, about 23:35 into the video below:

Some legislative leaders have expressed interest in considering legislation to legalize and regulate marijuana.

Asked by a reporter about the possibility of broader cannabis reforms in Hawaii, Ige said that the state “can benefit from not being at the head of the table.”

“We continue to learn from other states about the problems that they see with recreational marijuana,” he said, echoing concerns he has about legalization and noting that he’s been discussing the possible reform with governors from some western states that have already enacted it. “We would be smart to engage and recognize what’s happening in other states, acknowledge the challenges and problems it has raised.”

Nikos Leverenz, board president for the Drug Policy Forum of Hawaii, told Marijuana Moment that Ige should be “commended” for not vetoing the bill.

“It’s also encouraging that he’s having ongoing conversations with other governors from states that have legalized adult-use cannabis,” he said. “Hawai’i can indeed learn a great deal from other states, including the enactment of social equity measures to ensure broad local participation by women, underrepresented minorities, and those harmed by the drug war.”

Also on Monday, Ige announced that he intends to veto a bill allowing medical cannabis patients to transport their medicine between islands.

“Marijuana, including medical cannabis, remains illegal under federal law. Both the airspace and certain areas of water fall within the exclusive jurisdiction of the federal government,” he wrote. “This bill may lead travelers, acting in reliance on this provision, to erroneously believe they are immune from federal prosecution.”

Another proposal on the governor’s veto list would establish a hemp licensing program.

“There are concerns that this bill creates a licensing structure that cannot be enforced, will not meet USDA requirements for an approved industrial hemp program, and creates practical problems in the enforcement of existing medical cannabis,” he reasoned.

Finally, Ige plans to veto a bill to scale back the use of asset forfeiture, which is often used against people accused of drug crimes, with the governor calling the practice “an effective and critical law enforcement tool that prevents the economic benefits of committing a crime from outweighing consequential criminal penalties and punishment.”

Texas Governor Signs Bill To Expand State’s Medical Marijuana Program

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USDA Sets Target Deadline To Release Hemp Regulations

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The U.S. Department of Agriculture (USDA) offered new insights into its rulemaking process for hemp regulations in a notice published in the Federal Register on Monday.

Of particular note is the deadline by which USDA is aiming to release its interim final rule for the newly legal crop: August. Previously, the department simply said it would have the rules in place in time for the 2020 planting season.

“This action will initiate a new part 990 establishing rules and regulations for the domestic production of hemp,” the new notice states. “This action is required to implement provisions of the Agriculture Improvement Act of 2018 (Farm Bill).”

The hemp update update is part of a larger regulatory agenda for various agencies that’s being released by the Trump administration.

“It is great to see that USDA is on track to complete federal hemp farming regulations this year,” Eric Steenstra, president of Vote Hemp, told Marijuana Moment.

A USDA spokesperson told Marijuana Moment in an email that the August projection is the department’s “best estimate” for when the regulations will be released. It remains USDA’s intention “to have the regulations in place by this fall to allow for a 2020 planting season.”

“However, the clearance process will dictate the actual timing of the publication,” the spokesperson said.

While USDA officials have said the department didn’t plan to expedite the regulatory process despite strong interest among stakeholders, it seems to be making steady progress so far. The department said in March that it has “begun the process to gather information for rulemaking.”

USDA has also outlined the basic elements that will be required when states or tribes are eventually able to submit regulatory plans for federal approval. Those proposals will have to include information about the land that will be used to cultivate hemp, testing standards, disposal procedures, law enforcement compliance, annual inspections and certification for products and personnel.

The new update comes about six months after hemp and its derivatives were federally legalized under the 2018 Farm Bill. But until USDA releases its guidelines, hemp farmers must adhere to the earlier rules established under a narrower research-focused provision of the 2014 version of the agriculture legislation.

While the rules are yet to be published and there are therefore some restrictions on what hemp farmers can lawfully do, USDA has clarified several policies that have already gone into effect in recent months.

The department is accepting intellectual property applications for hemp products, for example. It also explained that hemp seeds can be lawfully imported from other countries and that the crop can be transported across state lines since it’s been federally descheduled.

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