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Marijuana Legalization Bills Died In Three States This Week As Others Move Forward

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Lawmakers in states across the country are taking up marijuana reform measures this year after a November election in which voters passed every state-level drug reform initiative put before them. But in three states—Maryland, Hawaii and Wyoming, bills to end cannabis prohibition this year have died in recent days as key legislative deadlines passed.

Advocates said the failure of lawmakers in Hawaii, Maryland and Wyoming to move forward on the proposals means the harms of criminalization will continue to fall disproportionately on Black and brown communities in those states for at least another year, even as a majority of voters support legalization.

“We will continue to see racially disproportionate enforcement throughout our state,” Luke Jones, director of Maryland NORML, told Marijuana Moment, “resulting in tens-of-thousands of avoidable police encounters and more arrest records we will pay to expunge next year.”

Lawmakers in other states, meanwhile, including New York, Kansas, North Dakota, Rhode Island, New Mexico, Delaware and others, are still pursuing some form of cannabis reform this year. And in Virginia, the legislature last month sent a legalization bill to the governor’s desk.

Broader drug reform efforts also got underway this year in CaliforniaConnecticut, FloridaKansasMissouriNew York, Rhode Island, Washington State and Virginia, where lawmakers have introduced a variety of bills during the 2021 session—some dealing with psychedelics but others that call for comprehensive decriminalization.

At the national level, meanwhile, lawmakers recently reintroduced a proposal to allow state-legal marijuana businesses access to banking services, with legislation to end federal cannabis prohibition expected to be introduced soon.

For now, here’s a look at the recent death of legalization bills in three states.

Maryland

Two separate marijuana legalization bills in Maryland expired this week, one backed by top leaders in the state Senate and a competing measure introduced by Del. Jazz Lewis (D) in the House. Both failed to pass their respective chambers before a legislative deadline on Monday.

“Neither adult use legalization bill introduced in Maryland has advanced ahead of today’s crossover deadline, meaning the legislature is not ready to move forward with legalization this year,” Olivia Naugle, legislative analyst for the advocacy group Marijuana Policy Project (MPP), told Marijuana Moment. “However, bill sponsors are working on amendments that could be considered after crossover to set the stage for equitable legalization next year.”

Lewis, whose HB 32 was heard in the House Judiciary Committee last month but never voted on, told Cannabis Wire that the goal this session will now be “to move forward on the regulatory infrastructure so that there is one less barrier next year.”

Lewis proposed a number of amendments to his bill at the hearing with the aim of aligning the measure with the competing Senate bill, SB 708, which was filed with the support of the Senate president and other legislative leaders.

Meanwhile, the Senate Finance committee heard SB 708 but took no action on the measure at a meeting earlier this month. The bill’s lead sponsor, Sen. Brian Feldman (D), framed the hearing as an opportunity to discuss provisions of the legislation and gauge the likelihood of its success.

“I wanted to get a little feedback from the committee,” he told the panel. “I didn’t have a good take of where the committee is and where the committee’s concerns are.”

The latest versions of each proposal would legalize possession of up to four ounces of marijuana for adults 21 and older as well as home cultivation for personal use. Individuals with past convictions for low-level cannabis activity would see those records expunged, and people currently incarcerated for cannabis crimes would be resentenced or released.

Lewis’s proposal put a stronger focus on targeted community reinvestment than the Senate bill, for example by proposing that some tax revenue from the legal industry fund the state’s historically Black colleges and universities. HB 13 became the preferred bill among social and racial equity advocates, including the chair of Maryland’s Legislative Black Caucus, Del. Darryl Barnes (D).

Luke Jones, director of Maryland NORML, called it “a real tragedy” that legislators missed the opportunity to end marijuana prohibition this year.

“We will continue to see racially disproportionate enforcement throughout our state, resulting in tens-of-thousands of avoidable police encounters and more arrest records we will pay to expunge next year,” Jones told Marijuana Moment. “Our next steps are to invite legislators to attend training sessions on issues of persistent concern, such as non-commercial home cultivation, traffic safety, protecting children, and the role of county and local government officials under a new approach to public safety.”

A poll released earlier this month found that two-thirds (67 percent) of Marylanders support legalizing cannabis, with just 28 percent opposed. Gov. Larry Hogan (R), however, has remained lukewarm on the policy change. In mid-2018 he signed a bill to expand the state’s medical marijuana system and said full legalization was “worth taking a look at,” but last May he vetoed a bill that would’ve shielded people with low-level cannabis convictions from having their records publicized on a state database.

While the legalization bills are dead, there is still hope for some marijuana reform in Maryland this year. The House last month passed HB 324, which would expand the amount of marijuana decriminalized under state law from 10 grams to one ounce. Penalties for having less than that amount would be punishable by a fine of up to $100, with subsequent violations leading to fines of up to $500 and a referral to drug education and a substance use disorder screening. That bill is currently in the Senate Judicial Proceedings Committee, and could potentially be a vehicle for the amendments that MPP”s Naugle said could “set the stage for equitable legalization next year.”


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Hawaii

A Senate-approved bill to legalize marijuana in Hawaii fell short last week when it failed to proceed past a House committee by a March 18 deadline. Separate legislation to expand the state’s existing decriminalization threshold from three grams to 30 grams of cannabis also failed to advance in the House this session after winning approval of the Senate.

Both measures died in the House Committee on Health, Human Services and Homelessness, chaired by Rep. Ryan Yamane (D), who did not call either bill for a hearing.

“Chair Ryan Yamane exercised his pocket veto, which wasn’t surprising given his poor record on cannabis reform,” Nikos Leverenz, board president for the Drug Policy Forum of Hawaii (DPFH), told Marijuana Moment.

Yamane previously opposed Hawaii’s decriminalization law, which replaced criminal penalties with a $130 fine, and in 2015 voted against allowing storefront dispensaries in the state medical program.

Even if the legalization bill had cleared the Senate panel, it faced another difficult hurdle in the House Judiciary and Hawaiian Affairs Committee. Chairman Mark Nakashima (D) signaled earlier this month that he might not even hold a hearing on the proposal, saying, “I really think we need to get the medical marijuana program up and running in a much more healthy way before we’re ready for any kind of legalization.

Contacted by Marijuana Moment about those remarks, Nakashima replied that the bill “will have to be considered in the Health Committee before I will have jurisdiction”—a step that never happened.

Legalization advocates were also concerned about Gov. David Ige (D), who recently declined to say whether he would sign or veto a legalization bill if it arrived on his desk. Ige also waffled on the state’s existing decriminalization law, which eventually took effect without his signature.

Wyoming

Two cannabis bills that advanced through their initial committee votes in the House will not move forward this session after the full chamber declined to take them up.

Lawmakers had introduced HB 209, which would have legalized and regulated commercial marijuana, and HB 82, which would have required the state to study the possible creation of a medical marijuana program. Neither measure was considered by the full House.

The adult-use legalization legislation was passed on a 6–3 vote earlier this month by the Judiciary Committee, whose Republican chair, Rep. Jared Olsen, is the bill’s lead sponsor. It would allow adults 21 and older to purchase and possess up to three ounces of marijuana and cultivate up to 12 mature plants for personal use.

The measure, which is also cosponsored by the House speaker and other top GOP lawmakers, earned testimony from state agencies and the members public—including former U.S. senator and Rhode Island Gov. Lincoln Chafee, now a Wyoming resident.

A former Wyoming lawmaker gave an emotional testimony in favor of the bill, explaining how his diagnosis of multiple sclerosis cost him his career because, even with the prescription medications he was administered, he did not have the ability to continue his work.

Olsen, who cited surveys showing majority public support for the policy change, said during the hearing that he expected Wyoming voters to take the lead on ending marijuana prohibition if the lawmakers failed to act.

If a voter-led legalization initiative were to become law, “it means that the legislative process doesn’t design the regulation of marijuana,” he said. “Instead, the public by ballot initiative, which may be a lot more simplistic, decides what that will look like.”

The medical cannabis study bill also cleared the Judiciary panel earlier this month only to die on the House floor without a vote.

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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.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

Politics

Pennsylvania Senators Will Consider DUI Protections For Medical Marijuana Patients At Hearing

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A Pennsylvania Senate committee is set to take up a bill next week that would protect medical marijuana patients from being prosecuted under the state’s “zero tolerance” DUI laws.

The legislation, sponsored by Sen. Camera Bartolotta (R), would amend state statute to require proof of active impairment before a registered patient can be prosecuted for driving under the influence. The current lack of specific protections for the state’s roughly 368,000 patients puts them in legal jeopardy when on the road, supporters say.

Members of the Senate Transportation Committee will explore the issue at a hearing on Tuesday.

Bartolotta first introduced an earlier version of the bill in June 2020. She said at the time that the state needs to “ensure that the legal use of this medicine does not give rise to a criminal conviction.”

Months after the standalone reform legislation was introduced, the Pennsylvania House approved a separate amendment that would enact the policy change.

Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver’s blood—which can be detected for weeks after a person’s last use—the law puts virtually all medical marijuana patients at risk, even if it’s been days since their last use and they show no signs of impairment.

Bartolotta’s bill would require officers to prove a registered patient was actually impaired on the road.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

“Unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle,” the senator wrote in a cosponsorship memo late last year. “Given the very serious consequences of a DUI conviction, my legislation will provide critical protections for medicinal cannabis patients by ensuring responsible use of their legal medicine does not give rise to a criminal conviction.”

Several legal cannabis states have enacted per se THC limits in blood, similar to blood alcohol requirements. However, evidence isn’t clear on the relationship between THC concentrations in blood and impairment.

A study published in 2019, for example, concluded that those who drive at the legal THC limit—which is typically between two to five nanograms of THC per milliliter of blood—were not statistically more likely to be involved in an accident compared to people who haven’t used marijuana.

Separately, the Congressional Research Service in 2019 determined that while “marijuana consumption can affect a person’s response times and motor performance… studies of the impact of marijuana consumption on a driver’s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.”

Outside of this bill, Pennsylvania lawmakers have continued to pursue adult-use legalization in the state. Earlier this year, two legislators circulated a memo to build support for a comprehensive reform bill they plan to introduce, for example.

A bipartisan Senate duo is also in the process of crafting legislation to legalize cannabis across the commonwealth. They announced some details of the proposal earlier this year, but the bill has yet to be formally introduced.

Outside the legislature, Gov. Tom Wolf (D) said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.

Wolf, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.

Lt. Gov. John Fetterman (D), who is running for U.S. Senate, previously led a listening tour across the state to solicit public input on legalization. He’s credited that effort with helping to move the governor toward embracing comprehensive reform. The lieutenant governor even festooned his Capitol office with marijuana-themed decor in contravention of a state law passed by the GOP-led legislature.

Fetterman has also been actively involved in encouraging the governor to exercise his clemency power for cannabis cases while the legislature moves to advance reform.

In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marks his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses that’s being run by the Board of Pardons.

Overall, legalization is popular among Pennsylvania voters, with 58 percent of residents saying they favor ending cannabis prohibition in a survey released in April.

Another poll released in May found that a majority of voters in the state also support decriminalizing all currently illicit drugs.

80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case

Photo courtesy of Mike Latimer.

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80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case

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A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—have filed a brief urging the Supreme Court to take up a case on the legality of establishing a safe injection facility where people can use illicit drugs in a medically supervised environment.

The nonprofit organization Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration, and it filed a petition with the nation’s highest court last month to hear the case. Now the group of law enforcement officials associated with Fair and Just Prosecution are calling on the Supreme Court to act in an amicus brief.

“Amici have an interest in this litigation because overdose prevention sites (OPSs) are among the harm reduction and public health interventions that have proven effective in preventing fatal overdoses and diverting people from unnecessary and counterproductive interactions with the justice system,” they wrote. “Amici, many of whom are currently or were previously responsible for enforcing the nation’s drug laws, also believe that the Controlled Substances Act cannot be construed to prohibit operation of a facility designed to address the most acute aspects of this public health emergency.”

If the court agrees to hear the dispute, advocates will be looking toward the Biden Justice Department and whether it will continue the federal government’s opposition to allowing supervised injection facilities. It would be a precedent-setting case that could steer policy for years to come, meaning Safehouse is taking a significant risk by pursuing the appeal of its loss in a lower court before the majority of conservative justices.

“Failing to address the loss of life resulting from drug overdoses—and criminalizing a community-based public health organization working to save lives—will further erode trust in the justice system,” the new brief states. “If there were ever a time to demonstrate that our government values the dignity of human life, that time is now.”

While President Joe Biden hasn’t weighed in directly on safe consumption sites, there’s been a theme within his administration of embracing the general concept of harm reduction for drugs. The White House Office of National Drug Control Policy (ONDCP), for example, said that “promoting harm-reduction efforts” is a first-year priority. In an overview of its objectives, the office said it intends to expand “access to evidence-based treatment,” enhance “evidence-based harm reduction efforts” and promote “access to recovery support services.”

These goals theoretically align with those of Safehouse, which wants to give people with substance use disorders a facility where medical professionals can intervene in the event of an overdose and provide people with the resources to seek recovery.

Among the signatories on the amicus brief are a former deputy assistant attorney general under Obama, district attorneys of Baltimore, Cook County, Dallas County, Los Angeles County, Manhattan, Philadelphia, San Francisco County and Seattle and the former attorneys general of Ohio, Vermont and Virginia.

But one signatory who especially stands out is Rachael Rollins, the district attorney of Suffolk County, Massachusetts who is Biden’s nominee for U.S. attorney of Massachusetts.

“As an elected prosecutor, I have a responsibility to protect every member of my community, which requires moving away from criminal justice responses to substance use disorder,” Rollins said in a press release. “Instead, we must embrace proven public health strategies as potential solutions. Lives depend on it.”

Philadelphia District Attorney Larry Krasner said the drug war “has taken too many lives already, and criminalization has only exacerbated this devastating toll.” He added: “We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives and improve community safety.”

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

Safehouse won a battle in a federal district court in 2019 to proceed with the facilities. But in January, the U.S. Court of Appeals for the Third Circuit overturned the decision, ruling that permitting such facilities would violate a 1980s-era federal statute that bars organizations from running operations “for the purpose of unlawfully… using controlled substances.” That law was passed while Biden served in the Senate and helped push punitive drug policies that have had lasting consequences.

“As current and former criminal justice leaders, amici have seen first-hand how the classic ‘war on drugs’ approach to drug control—with its almost exclusive focus on aggressive criminal law enforcement—has exacerbated the overdose epidemic,” the pro-reform prosecutors and cops wrote in the new brief. “This experience confirms that no jurisdiction can arrest its way out of this public health problem. Fatal overdoses are a symptom of substance use disorder, a medical condition requiring a medical response.”

“Distorting federal drug laws to prohibit an [overdose prevention site] or to prosecute its sponsors would further undermine trust in the justice system and faith in the fair and sensible application of our drug laws. Interpreting federal criminal law to bar empirically validated harm reduction measures would make no one safer; it would only impede cooperation between law enforcement and the communities they serve.”

In its original petition to the Supreme Court in the current safe injection site case, Safehouse argued that the justices should “grant review to determine whether” federal statute really does prohibit “non-commercial, non-profit social service agencies…from establishing an overdose-prevention site that includes medically supervised consumption.”

“This question is a matter of life or death for thousands of Philadelphians and many thousands more throughout the country,” it said. “Tragically, while respondents have been pursuing this declaratory judgment against Safehouse, more than 3,200 people died in Philadelphia of drug overdoses—many of which could have been prevented if medical care had been immediately available through supervised consumption services.”

Safehouse also pointed out that Xavier Bacerra, the Biden administration’s secretary of health and human services, was among eight top state law enforcement officials who filed an earlier amicus brief in support of the organization’s safe injection site plan when he served as California’s attorney general.

The organization put the gravity of the case in no uncertain terms, painting a picture of how its proposed facility can save lives.

“When breathing stops, even a brief delay while waiting for medical help to arrive may result in an otherwise preventable overdose death or irreversible injury,” the petition says. “As a result, every second counts when responding to an opioid overdose; as more time elapses, the greater the risk of serious injury and death. Ensuring proximity to medical care and opioid reversal agents like the drug Naloxone at the time of consumption is therefore a critical component of efforts to prevent fatal opioid overdose.”

“Intervention by this Court is warranted to make clear that the federal law does not criminalize this essential public health and medical intervention designed to save lives from preventable overdose death,” it continues.

Safehouse argued that the appeals court’s interpretation of the law “eviscerates the intended boundaries of the statute and would criminalize the operation of legitimate businesses, charities, families, and good Samaritans that serve and reside with those suffering from addiction.”

If the Supreme Court were to take up the case and rule in favor of Safehouse, it could embolden advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

At the same time that Safehouse is turning to the Supreme Court, it also announced recently that it will be returning the the federal district court that gave it an initial 2019 victory in support of establishing a safe injection facility before it was overturned in the appeals court.

The organization is making the unique argument that the federal government’s decision to block it from providing the service violates religious freedom by subjecting participants “to criminal penalties for exercising their sincerely held religious beliefs that they have an obligation to do everything possible to preserve life and to provide shelter and care to the vulnerable, including those suffering from addiction.”

In 2018, a congressional subcommittee approved legislation to specifically prohibit Washington D.C. from using local tax dollars to help open safe consumption facilities. But that provision was not enacted and has not been reintroduced since.

A 2020 study found that people “who reported using supervised injection facilities on an at least weekly basis had a reduced risk of dying compared to those who reported less than weekly or no use of this health service.”

Read the amicus brief from the prosecutors on the Safehouse safe injection site case below: 

Safehouse Amicus Sept 2021 by Marijuana Moment

Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry

Photo courtesy of Jernej Furman.

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.
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Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry

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Lately it’s come to seem as if most of the former politicians who’ve entered the marijuana industry were unhelpful or downright hostile to legalization when they were in office. But on Friday, a cannabis company announced an addition to its board who disrupts that narrative: a former Republican congressman who has a consistent legislative record of cosponsoring and voting for marijuana reform measures.

The multi-state cannabis businesses Red White & Bloom Brands Inc. (RWB) is bringing on former Rep. Ryan Costello (R-PA) to help it navigate the complicated regulatory space, drawing on his experience in Congress as the company works to expand.

Costello certainly isn’t the only Republican lawmaker who’s made the transition from Capitol Hill to the cannabis market. But he is a rare example of a politician who actually embraced enacting marijuana policy changes while he was in power before standing to profit from the industry. The congressman cosponsored a variety of bills—including ones to shield states that legalize cannabis from federal interference—and supported several reform amendments.

“I’m looking forward to utilizing my 15+ years of service in government, the legal profession, and my familiarity with cannabis policy to be a strategic resource for RWB as it positions itself as a true market leading house of brands in the permitted U.S. marketplace,” Costello said in a press release.

This breaks with a trend that has increasingly frustrated advocates, where it seems the people most inclined to benefit from legalization are those who stood in the way in Congress. The best-known example of that is former GOP House Speaker John Boehner (R-OH), who’s faced criticism from activists over his anti-legalization record while in office before joining the board of marijuana company Acreage Holdings.

While Costello left Congress in 2019 prior to the historic House vote on a standalone bill to federally deschedule cannabis, there are plenty of examples of him supporting more modest reform proposals during his congressional tenure.

He was a cosponsor of legislation to protect state marijuana markets from federal intervention, promote cannabis research, support military veterans’ access to medical marijuana, protect banks that service state-legal cannabis businesses and legalize industrial hemp.

The congressman also voted in favor of floor amendments to shield all state marijuana programs from Justice Department intervention, allow Department of Veterans Affairs doctors to recommend medical cannabis and end hemp prohibition.

In that respect, he was a rare GOP lawmaker. While the issue is increasingly bipartisan among the public, that hasn’t been reflected in Congress. And now Costello is in a position to leverage his legislative experience to advance a marijuana business’s interests.

It’s an exception to the trend.

For example, Tom Price, the former U.S. Department of Health and Human Services (HHS) head under President Donald Trump, is serving as a member of the board of directors for a medical marijuana business in Georgia after he refused to take action to reclassify cannabis under federal law when he had the power to do so. Price consistently voted against marijuana reform measures while serving in Congress.

Former Rep. Steve Buyer (R-IN), who also has a long track record of opposing marijuana legalization efforts, joined a Canadian cannabis company’s board in 2019.

Earlier this month, a New York-based lobbying firm that’s headed by a former Republican U.S. senator announced that it is launching a practice focused on serving cannabis businesses. That former senator, Alfonse D’Amato, racked up a record of supporting the war on drugs while in office.

There is at least one other former GOP congressman who entered the cannabis space with a legislative record supporting marijuana reform. Former Rep. Dana Rohrabacher (R-CA), who championed cannabis reform while in Congress, became an advisory board member for a marijuana company after being voted out of office in 2018.

Separately, President Joe Biden’s pick to head up federal drug policy worked for a major marijuana business last year, according to his financial disclosure reports.

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