The Kentucky House Judiciary Committee voted on Wednesday afternoon to advance a bill that would legalize medical marijuana in the state.
House Bill 136, which has 43 cosponsors out of the chamber’s 100 total members, would establish a medical cannabis program under a newly named Department for Alcoholic Beverage and Cannabis Control. The state agency would be responsible for issuing licenses to qualifying patients, health care providers, cultivators, processors and dispensaries.
The vote to approve the legislation was 16 to 1.
“While we still have work to do, the vote today shows strong support for allowing doctors to treat their patients with medical marijuana if the doctor feels it is appropriate and safe for her patient,” Rep. Jason Nemes (R), one of the bill’s sponsors, said.
Polling shows that roughly eight in 10 Kentuckians believe patients should be allowed to purchase and use marijuana if their doctor recommends it.
Gov. Matt Bevin (R) has also expressed support for medicinal cannabis use.
Last month, he told a community forum that if such a bill came to his desk, he would be “happy” to sign it because of the “incredible medicinal value associated with cannabis.” He also talked about a family member who died of cancer, adding that patients who could benefit from marijuana “should have the ability to use a natural drug that exists to provide relief … when it is needed, where it can be prescribed and regulated as we would other such drugs.”
The pathway to legalization, however, remains murky. Some lawmakers say they want to see more research first.
“Think about it,” Rep. Danny Bentley, a practicing pharmacist, said last year. “Opioids and nicotine were marketed as harmless and went on, by scientific evidence, to show that they killed people.”
In January, Bentley introduced House Concurrent Resolution 5, which calls on the federal government to step up its role in better understanding the effects of marijuana when used medicinally. He pushed a similar resolution last year.
Senate President Robert Stivers has also questioned marijuana’s medicinal value. In January, he called marijuana a “gateway drug.” A month earlier while speaking to the Kentucky Chamber of Commerce, he compared the effects of marijuana to alcohol, suggesting that if people need to “relax” or “feel better,” they might enjoy a glass of Woodford Reserve bourbon.
Another opponent is the Kentucky Medical Association, which has stated it won’t support any medical marijuana legislation until “marijuana is approved for use by the FDA.”
In order to win broader support for the legislation, its sponsors agreed to remove provisions that would have allowed patients to grow up to six mature marijuana plants at home, and they added a specific list of qualifying medical conditions instead of allowing doctors to recommend cannabis to whomever they see fit.
With the Judiciary Committee’s favorable vote, HB 136 advances to the Rules Committee. There, lawmakers will decide whether the bill will be forwarded to the floor for all House members to vote on it.
For proponents, however, time is ticking: There are only five legislative days remaining in the short session.
Photo courtesy of Chris Wallis // Side Pocket Images.
Senate Schedules Hearing On Marijuana Business Banking Access
In one of the clearest signs of marijuana reform’s growing momentum on Capitol Hill, a Republican-controlled Senate committee has scheduled a hearing for next week that will examine cannabis businesses’ lack of access to banking services.
The formal discussion in the Senate Committee on Banking, Housing and Urban Affairs on Tuesday comes as legislation aimed at resolving the marijuana industry’s financial services problems is gaining momentum. A House cannabis banking bill that cleared that chamber’s Financial Services Committee with a bipartisan vote in March now has 206 cosponsors—nearly half the body—while companion Senate legislation has 32 out of 100 senators signed on.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Congressman Files Marijuana Bill After Leaving Republican Party
In one of his first legislative acts since leaving the Republican Party earlier this month amid a feud with the president, Rep. Justin Amash (I-MI) filed a bill on Monday that would let states set their own marijuana policies without federal interference.
If that sounds familiar, it’s because bipartisan legislation that would accomplish the same goal has already been filed this Congress.
But unlike the nearly identical Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, Amash’s new bill excludes one provision that would require the Government Accountability Office (GAO) to study the effects of cannabis legalization on road safety and issue a report on its findings within a year of the law’s enactment.
That language states that the GAO must study “traffic crashes, fatalities, and injuries” in legal cannabis states, actions taken by those states to “address marihuana-impaired driving,” testing standards being used to detect impaired driving and federal initiatives “aiming to assist States that have legalized marihuana with traffic safety.”
Given Amash’s libertarian leanings, it stands to reason that he opposes spending government dollars to conduct the research and simply supports the broader states’ rights intent of the original legislation.
That would also put him at odds with social justice advocates who feel that the STATES Act itself doesn’t go far enough and are pushing for more comprehensive legislation that includes additional provisions addressing social equity and restorative justice for people harmed by drug law enforcement.
Members of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee heard that debate play out during a historic hearing on ending federal marijuana prohibition last week.
A newly formed coalition of civil rights and drug reform organizations, including the ACLU, is also insisting on passing wide-ranging legislation to deschedule cannabis entirely that also invests in communities that have been disproportionately impacted by prohibition.
Amash is a long-standing critic of the war on drugs and earlier this year signed on as a cosponsor of a separate bill that would federally deschedule marijuana. Rep. Tulsi Gabbard (D-HI), a 2020 Democratic presidential candidate, filed that legislation, which is also silent on social equity provisions.
— Justin Amash (@justinamash) March 8, 2019
Gabbard also introduced a separate bill that would require the U.S. Department of Health and Human Services and other federal agencies to study the impacts of legalization. True to form, Amash declined to add his name to that measure as well.
Read the text of Amash’s new cannabis bill below:
Photo courtesy of Kyle Jaeger.
Berkeley City Council Considers Decriminalizing Psychedelics This Week
A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.
Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.
In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”
Is it time for #DecriminalizeNature #Berkeley? Agenda 4 at the public safety meeting this Wed. July 17, with the Decriminalize Nature team! This is a small meeting, so you do NOT need to attend. But if you live in Berkeley, write your City Council! https://t.co/gMSDkegMPU
— Decriminalize Nature (@DecrimNature) July 15, 2019
However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”
The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.
The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.
“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.
While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.
Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.
Nature lovers are organizing coast to coast (and Hawaii)! Is your city on the map? Connect to join with your local community, or if you have the motivation to propose a similar initiative in your city/town/county, let’s start growing! contact [email protected] #DNUSA pic.twitter.com/38UxLKK9RN
— Decriminalize Nature (@DecrimNature) July 2, 2019
On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.
Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”