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Most Members Of New Biden-Sanders Criminal Justice Task Force Back Marijuana Legalization

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Former Vice President Joe Biden and Sen. Bernie Sanders (I-VT) on Wednesday announced the names of members of several new task forces they formed to explore policies in six major areas, including a criminal justice reform panel that is stacked with cannabis legalization supporters.

Drug policy reform advocates have been particularly interested to learn who would comprise the criminal justice group since it was first announced last month, with some holding out hope that members will push Biden—the presumptive Democratic presidential nominee—to support marijuana legalization.

At least five participants in the new eight-member panel go further than Biden—who opposes legalizing recreational marijuana but backs decriminalization, medical cannabis, automatic expungements, rescheduling and letting states set their own laws—by supporting adult-use legalization on the federal and/or state levels.

All told, it appears that every member of the group—three of whom were selected by Sanders and five chosen by Biden—have publicly called for cannabis reform to at least some extent, with a few having experience legislating on the issue.

“A united party is key to defeating Donald Trump this November and moving our country forward through an unprecedented crisis. As we work toward our shared goal, it is especially critical that we not lose sight of the pressing issues facing Americans,” Biden said in a statement. “From health care to reforming our justice system to rebuilding a more inclusive and fair economy, the work of the task forces will be essential to identifying ways to build on our progress and not simply turn the clock back to a time before Donald Trump, but transform our country.”

“In the midst of the unprecedented economic and pandemic crises we face, the Democratic Party must think big, act boldly, and fight to change the direction of this country,” Sanders added. “To create an agenda that the working class of this country desperately needs, and moves us toward a more just society, we must solicit the best ideas.

The task force is set to meet and submit policy recommendations to the Democratic National Committee Platform Committee and to Biden directly ahead of the party’s convention in August.

Here’s a look at where the new criminal justice task force members stand on marijuana:

Tennessee Sen. Raumesh Akbari (D)

The state senator has introduced legislation to legalize marijuana for adult use, reduce penalties for cannabis offenses and provide for judicial diversion in cases involving a convictions for marijuana possession of up to one ounce.

“This legislation makes criminal justice more fair, creates thousands of Tennessee jobs, and invests real money in our students and teachers,” Akbari said of the legalization bill in January. “With marijuana now available closer and closer to our state, it’s time for Tennesseans to have a real discussion about repealing outdated penalties for low-level possession and investing in our economic future and public schools through legalization.”

“Tennessee’s tough-on-crime possession laws have trapped too many of our citizens in cycles of poverty, and they haven’t actually stopped anyone from obtaining marijuana,” she said. “The enforcement of these laws in particular [has] cost our state billions, contributed to a black market that funds criminal organizations, and accelerated the growth of incarceration in Tennessee’s jails and prisons. Tennesseans deserve better.”

The senator has also voted in favor of a medical cannabis legalization bill and offered an amendment that would add sickle cell anemia to the list of qualifying conditions for patients.

Former federal prosecutor and Demos Director of Legal Strategies Chiraag Bains (co-chair)

As a prosecutor in the Justice Department, Bains’s focus was on police accountability and hate crimes. However, he’s also touted Sanders’s comprehensive marijuana legalization plan and criticized acts by the Trump administration to undermine protections for legal cannabis states.

During a Democratic presidential debate in February, he tweeted that Sanders’s plan goes beyond decriminalization and also calls for expungements and racial equity in legal marijuana markets. “That reflects deep understanding of what the War on Drugs has wrought,” he said.

That Bains stressed the importance of racial equity in the industry indicates he’s supportive of establishing a legal and regulated marijuana market in the first place, a position Biden has so far declined to back.

He also called out former presidential candidate Michael Bloomberg for saying we need to move slowly on legalization, comparing that stance to his record in maintaining controversial police tactics like stop-and-frisk during his time as mayor of New York City.

Bains, who was selected for the task force by Sanders, noted last year that Sen. Cory Booker’s (D-NJ) criminal justice reform plan “covers all marijuana-related offenses” as well as “people with sentences unjustly inflated by the continuing racist crack-cocaine disparity.” That latter group was directly impacted by Biden, who helped author the punitive anti-drug laws that resulted in those sentencing disparities during his time as a senator.

He also said that then-Attorney General Jeff Sessions’s decision to rescind Obama-era guidance that laid out cannabis enforcement priorities for federal prosecutors “will make a difference” as it concerns increasing mass incarceration.

South Carolina Rep. Justin Bamberg (D)

In 2015, Bamberg cosponsored bills to decriminalize marijuana possession and legalize medical cannabis.

He’s tweeted several times about disparate sentences for marijuana offenses; however, he’s so far declined to cosponsor cannabis-related legislation in more recent sessions.

Former Acting Assistant Attorney General Vanita Gupta

The former prosecutor and current president of the Leadership Conference on Civil and Human Rights (LCCHR) is supportive of marijuana legalization and has strongly condemned harsh criminalization policies for non-violent drug offenses.

In a 2014 p-ed for CNN, Gupta explained how a high-profile case of a Missouri man who was sentenced to life in prison over marijuana is an example of how criminal justice system has been warped by the drug war, leading to excessive punishment.

“While many of the lawmakers who passed harsh sentencing laws thought they were doing the right thing, the results are now in: This approach has devastated families and communities, generated high recidivism rates, drained state budgets from more productive investments, and has reinforced generations of poverty and disadvantage that disproportionately fall on communities of color,” she wrote, in what could be read as direct criticism of legislation that Biden wrote during his time in the Senate.

“The solution is clear. Instead of taxpayers spending millions of dollars on this unnecessary enforcement and keeping folks…in prison for the rest of their lives, states could follow Colorado and Washington by taxing and regulating marijuana and investing saved enforcement dollars in education, substance abuse treatment, and prevention and other health care,” she added.

In March 2018, Gupta said that the Trump administration is “seeking a decidedly punitive approach to America’s drug problem—one that seeks to increase already disproportionate sentences for drug offenses & employ the death penalty.”

“We tried the punitive and overly simplistic approach of the War on Drugs approach 30 years ago, and it failed. That’s why we’re seeing, in states around the country, a bipartisan push to recognize that substance use requires a public health approach,” she said. “We must reject efforts to further politicize this crisis. We cannot just do what feels good, or sounds good. We must take an evidenced-based approach to ending the opioid crisis.”

More recently, Gupta has highlighted the dangers of excessive sentences doled out for crack-related offenses and said while Congress took steps to repair those harms, there are still people stuck in prison—and that’s especially concerning during the coronavirus pandemic.

The LCCHR president celebrated the House Judiciary Committee passage of a comprehensive cannabis legalization bill last year.

Her organization has supported that bill and numerous other drug policy reform initiatives, including as part of a collective effort called the Marijuana Justice Coalition. LCCHR was one of more than 100 groups that released a criminal justice plan for the 2020 election calling for the legalization of marijuana and supporting the “dismantling” of the criminalization of other drugs. The group also called for a delay of a House vote on cannabis banking legislation because it said comprehensive reform with a social equity focus should be prioritized.

Last month, LCCHR was one of several organizations urging Congress to extend access to federal coronavirus relief to the marijuana industry.

Former Attorney General Eric Holder

The former attorney general under President Obama has said that he’d vote in favor of legalizing marijuana if he was in Congress and claimed to have internally tried to convince the administration to reschedule cannabis.

In 2009, his Justice Department issued guidance to federal prosecutors emphasizing that it will not be Justice Department policy to go after individuals acting in compliance with state medical cannabis laws.

“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal,” he said. “This balanced policy formalizes a sensible approach that the Department has been following since January: effectively focus our resources on serious drug traffickers while taking into account state and local laws.”

In 2013, after Colorado and Washington legalized recreational marijuana, Holder’s department issued broader guidelines generally directing federal prosecutors not to interfere with state cannabis laws as long as certain criteria were met.

He said in 2016 that marijuana “ought to be rescheduled” and that it was clearly “not appropriate” for cannabis to be listed in the same classification under federal law as heroin.

Holder also dismissed the idea that marijuana is addictive and said states should be able to continue to legalize cannabis without federal interference.

“Let those be laboratories to see where we want to be,” he said. “I think if you allow the states to experiment we’ll ultimately come to a national consensus about what it is we ought to do with regard to marijuana.”

In Iowa in 2019, while he was considering a presidential bid, Holder said it “seems to me that we’re at a point where we should think seriously about legalization.”

“We did some pretty gutsy and compelling things in not going after Washington and Colorado and allowing them to proceed with the recreational sale of marijuana,” he said of his time as attorney general, adding that he attempted to get the administration to reclassify cannabis but was unsuccessful.

He’s also criticized then-Attorney General Jeff Sessions for having an “almost obsession with marijuana… that’s put the Justice Department in this strange place.”

Symone Sanders, senior advisor to Biden

The senior advisor to Biden, who previously served as a top staffer during Sanders’s 2016 presidential run, has defended the former vice president’s modest marijuana reform plan as being progressive.

“I think the vice president has been very clear that there are too many people in jail. Too many people—disproportionately people of color, disproportionately African-American folks—are in jail. And what he has come out and said is that he supports the decriminalization of marijuana,” she said last year. “But not just decriminalization, he supports automatic expungements. That is very important. Most people say, ‘Yeah, we should expunge it, and folks need to go to court and get a lawyer.’ Joe Biden has come out and said, We need automatic expungement.'”

“Our full-fledged platform is coming. You know, we’ve been in this race for a month, but I think folks don’t have to wonder where the vice president sits on [the issues of] if we need to address mandatory minimums, if we need to get rid of the three-strikes rule. He’s on the record on those things and clear, and again, just as recently as last week, he was talking about the decriminalization of marijuana.”

She applauded a move by Baltimore State’s Attorney Marilyn Mosby, who announced last year that her office would not be pursuing cannabis possession cases.

U.S. Rep. Bobby Scott (D-VA) (co-chair)

As a member of the Congressional Black Caucus, Scott cosponsored a bill the group introduced in 2018 that called for marijuana descheduling and reinvestments in communities harmed most by prohibition.

He also signed onto legislation to legalize industrial hemp and has consistently voted in favor of amendments providing protections to protect state adult-use, medical cannabis and CBD programs from federal intervention. He’s also backed measures to let U.S. Department of Veterans Affairs doctors to recommend medical marijuana, provide cannabis businesses with access to banking services and encourage cannabis research.

In 2000, the congressman filed an amendment to an education bill that would have removed a penalty stipulating that students who are convicted of drug offenses are disqualified from receiving federal financial aid. It was defeated, however.

Scott signed a letter addressed to the Justice Department and Drug Enforcement Administration in 2012, urging them not to prosecute anyone acting in compliance with state-legal cannabis laws.

“The people of Colorado and Washington have decided that marijuana ought to be regulated like alcohol, with strong and efficient regulation of production, retail sales and distribution, coupled with strict laws against underage use and driving while intoxicated,” the letter states. “These states have chosen to move from a drug policy that spends millions of dollars turning ordinary Americans into criminals toward one that will tightly regulate the use of marijuana while raising tax revenue to support cash-strapped state and local governments.”

“We believe this approach embraces the goals of existing federal marijuana law: to stop international trafficking, deter domestic organized criminal organizations, stop violence associated with the drug trade and protect children,” it continued. “While we recognize that other states have chosen a different path, and further understand that the federal government has an important role to play in protecting against interstate shipments of marijuana leaving Colorado and Washington, we ask that your departments take no action against anyone who acts in compliance with the laws of Colorado, Washington and any other states that choose to regulate marijuana for medicinal or personal use.”

In a floor speech in 2010, Scott encouraged his colleagues to support a resolution aimed at removing cannabis illicitly cultivated on federal lands. He said the purpose of the measure is to “bring attention to this illicit cartel activity and to encourage officials to develop an interagency strategy to stop drug cartels from using Federal lands for large-scale illegal drug crop operations.”

Iowa County Supervisor Stacey Walker

Not much is known about this Iowa politico’s marijuana policy views. He was selected for the task force by Sanders. In 2014, he thanked Iowa Sen. Jack Hatch (D) for introducing legislation that would allow epilepsy patients in the state to access medical cannabis.

It remains to be seen whether cannabis reform will be a focal point of the task force’s focus—or whether Biden would be willing to adopt a pro-legalization stance if the group recommends it. Sanders didn’t seem especially optimistic that the former vice president would evolve further, declining in an interview to list the policy among those he feels Biden will come around to.

DEA Gets Few Comments On Far-Reaching Marijuana Research Proposal With Deadline Looming

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Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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Seattle City Council Takes First Step Toward Decriminalizing Psychedelic Plants And Fungi

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A Seattle City Council committee considered a resolution on Friday that would decriminalize a wide range of activities around psychedelic drugs, including cultivation and sharing with others, by declaring those activities among the city’s lowest law enforcement priorities.

The council’s Public Safety and Human Services Committee heard comments from the proposal’s supporters, including Councilmember Andrew Lewis and the advocacy group Decrim Nature Seattle. While the panel did not vote on the draft resolution, Councilmember Lisa Herbold, who chairs the committee, said the full City Council will likely take up the measure in coming weeks.

“Hopefully the city—as tends to be the case on many impactful progressive issues in the state of Washington—can lead the way on setting the table for an important conversation many communities around the country are having,” Lewis, who introduced the measure, said at the meeting.

As introduced, the proposed resolution expresses the City Council’s support for what it calls “full decriminalization” around psychedelics used “in religious, spiritual, healing, or personal growth practices.” It would apply to plants or fungi that contain substances “including, but not limited to” psilocybin mushrooms, ayahuasca, igoba and mescaline, though it would not include the peyote cactus.

If adopted, the resolution would declare “that the investigation, arrest, and prosecution of anyone engaging in entheogen-related activities…should be among The City of Seattle’s lowest enforcement priorities” and request that the Seattle Police Department “move towards the formal codification and adoption of that practice as departmental policy.”

It would further express the council’s intent to analyze the city’s municipal “to determine what changes would be necessary to protect from arrest or prosecution individuals who cultivate entheogens.” Those changes would be made through a subsequent city ordinance.

It’s already city policy neither to detain nor arrest individuals caught with psychedelics, nor to confiscate those substances, the resolution says—the result of a state Supreme Court decision earlier this year. But other activity, including cultivation and distribution, remain punishable by arrest and incarceration.

Supporters say there are compelling reasons to expand decriminalization beyond simple possession: The resolution points to the disproportionate impact of the drug war on people of color and low-income communities, calling decriminalization “an effort to begin to correcting the irreparable harm.” It also acknowledges the emerging potential of psychedelics, in conjunction with therapy, to treat a variety of mental health conditions, including depression and anxiety, post-traumatic stress disorder (PTSD), end-of-life anxiety, substance use-disorder and others.

The resolution was inspired in part by the City Council’s interest in reducing opioid-related deaths. In June, Lewis Herbold formally asked a task force to examine “public policy governing psychedelic medicines” as a way to combat the overdose epidemic. Late last month, the task force came back with recommendations that the city decriminalize psychedelics and consider removing criminal penalties around all drugs.

At the same time, the advocacy group Decrim Nature Seattle (DNS) has been lobbying the council to make the policy change around plant- and fungi-derived psychedelics. The group began its work two years ago, and in May it submitted a draft ordinance to Lewis’s office at the councilmember’s request. Members have also appeared regularly at council meetings to urge the policy change.

Lewis told Marijuana Moment this month that it’s his “personal goal” to introduce an ordinance to decriminalize psychedelics by the end of this year. “And frankly, if there’s sort of a consensus and there’s lightning in a bottle, I don’t think it’s inconceivable that an ordinance could be passed this year,” he said. “I think it’s actually pretty reasonable.”

In an email to Marijuana Moment ahead of Friday’s committee meeting, Tatiana Luz Quintana, DNS’s co-director and co-chair of education and outreach, said the group expects the resolution “will prepare the council to spend time creating a work plan to address full decriminalization, meaning possession, cultivation, social sharing (non-monetary exchange) and community-based healing and ceremony.”

“The implications of this policy change would be long lasting,” Quintana said. “Within Seattle, after these reforms, many people who operate in the underground will be more free to advertise their services. Decriminalization will also promote a consciousness shift in the public, increasing exposure to conversations around psychedelics, helping to break the ice and break down stigmas, and create an environment ripe for integrating these substances into our culture.”

DNS said the change will allow Seattle to establish best practices, including around education and community-based healing. Advocates also presented to the City Council committee a sign-on letter in support of decriminalization signed by more than 40 area healthcare professionals.

The policy change would not apply to peyote, which is excluded from its definition of entheogens due to the cactus’s special cultural significance to certain Native American peoples and the ongoing effort to protect the plant. Peyote matures slowly and is currently categorized by conservationists as “vulnerable” after an uptick in illicit harvesting. The cactus, native to Mexico and parts of the American Southwest, has no federal protection in the U.S., while in Mexico it can be harvested legally only by Indigenous groups.

Both the city resolution and the opioid task force recommendations also call for psychedelics reform at the state level. The resolution says the city’s Office of Intergovernmental Relations add to its agenda for the 2022 legislative session “support for full decriminalization of entheogens at the state level, including the drafting of legislation that could be sponsored by a state legislative representative.”

Like much of the rest of the country, Washington State is contemplating major changes in how it treats drug use. Earlier this year, lawmakers considered legislation that would have removed all penalties for possession of relatively small, “personal use” amounts of drugs and instead invested in treatment and recovery services. While that bill died in committee, lawmakers from both parties acknowledged at the time that the state’s drug control apparatus was broken.

Shortly thereafter, the state Supreme Court overturned Washington’s felony law against drug possession completely, sending lawmakers scrambling to replace the law. Ultimately they approved a modest reform, reducing the state’s felony charge for drug possession to a misdemeanor and earmarking more money for treatment.

Earlier this month, advocates announced a push to put a measure on Washington’s 2022 ballot that would decriminalize all drugs and invest state money in treatment and recovery.

Jurisdictions across the country are increasingly removing or reducing penalties around drug possession and consumption, especially when it comes to psychedelics. Since Denver in 2019 became the first U.S. city to decriminalize psilocybin mushrooms, a number of states and municipalities have made similar changes to dismantle the drug war.

Oregon voters passed a pair of initiatives last November to legalize psilocybin therapy and decriminalize possession of all drugs. On the local level, activists in Portland are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.

Washington, D.C. voters also approved a ballot measure last year to deprioritize enforcement of laws criminalizing psychedelics.

In California last week, activists were cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state. Oakland and Santa Cruz have already enacted psychedelics decriminalization.

Detroit currently stands to become one of the next major cities to decriminalize psychedelics, with the reform proposal making the local ballot for this November.

Elsewhere in Michigan, the Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month. Advocates have also introduced a reform resolution to the Grand Rapids City Council.

Massachusetts cities that have enacted the policy change include NorthamptonSomerville and Cambridge. In July, state lawmakers heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

The governor of Connecticut recently signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.

The Maine House of Representatives passed a drug decriminalization bill this year, but it later died in the Senate.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

Meanwhile, Denver activists who successfully led the 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have set their eyes on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.

In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee this week.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

NIDA also recently announced it’s funding a study into whether psilocybin can help people quit smoking cigarettes.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee this week.

In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

Read the full Seattle psychedelics decriminalization resolution below:

Click to access seattle-pychedelics-decriminalization-resolution.pdf

House Committee Will Vote On Federal Marijuana Legalization Bill Next Week, Days After Banking Reform Advances

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House Committee Will Vote On Federal Marijuana Legalization Bill Next Week, Days After Banking Reform Advances

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A bill to federally legalize marijuana will be voted on by the House Judiciary Committee next week, the panel announced on Friday.

The development comes one day after the House voted in favor of a defense spending bill that includes an amendment that would protect banks that service state-legal cannabis businesses from being penalized by federal regulators.

Judiciary Committee Chairman Jerrold Nadler’s (D-NY) Marijuana Opportunity, Reinvestment and Expungement (MORE) Act will receive a markup on Wednesday. The panel will consider a dozen pieces of legislation during the meeting, according to a press release. That includes his bill to “decriminalize marijuana federally and invest in communities that have been disproportionately harmed by the War on Drugs,” Nadler said.

“Many of these bills were reported out of the committee and passed by the full House of Representatives last Congress, and I look forward to working with all my colleagues once again to get these bills through Congress and on to the president’s desk,” the chairman said.

Nadler’s cannabis legislation passed the House last year but did not advance in the Senate under GOP control. This time around, advocates are optimistic that something like the chairman’s bill could be enacted now that Democrats run both chambers and the White House, and as more states are moving to enact legalization.

The legislation would remove marijuana from the Controlled Substances Act (CSA), allow people with cannabis convictions to have their records expunged and create a federal tax on marijuana with the revenue going to support community reinvestment and other programs.

It also contains language to create a pathway for resentencing for those incarcerated for cannabis offenses, protect immigrants from being denied citizenship over marijuana and prevent federal agencies from denying public benefits or security clearance due to its use.

“We are excited to see Chairman Nadler and House leadership move forward once again with passing the MORE Act,” Justin Strekal, political director of NORML, said. “Public support and state-policy demand for repealing federal marijuana criminalization has never been higher and Congressional action on this legislation is long overdue. The days of federal marijuana prohibition are numbered.”

There’s been some contention between advocates and stakeholders on which reform should come first: the bipartisan banking legislation that’s cleared the House in some form five times now or the comprehensive legalization bill that passed the chamber for the first time late last year.

Legalization advocates do want to see legislation from Rep. Ed Perlmutter (D-CO) become enacted, as there are public safety problems caused by all-cash businesses and it would take an important step toward normalizing the growing industry. But social equity-minded activists argue that advancing the incremental reform first would mainly benefit large marijuana businesses without addressing the harms of cannabis criminalization.

The fate of the banking proposal will likely be decided in conference with the Senate, which has not included the policy change in its National Defense Authorization Act (NDAA) and where key lawmakers have insisted that they will push for broader reform before allowing the incremental change to be enacted.

Separately, Senate Majority Leader Chuck Schumer (D-NY), Finance Committee Chairman Ron Wyden (R-OR) and Sen. Cory Booker (D-NJ) are also leading the charge on a legalization bill in their chamber. But weeks after a public comment period on a draft version of the proposal closed, finalized text has yet to be formally filed—and it’s far from certain that Schumer will be able to find enough votes to advance the comprehensive reform through his chamber.

It should be noted that President Joe Biden remains firmly opposed to adult-use marijuana legalization. While he supports more modest reforms such as decriminalizing cannabis, expunging prior records and letting states set their own marijuana policies, there’s an open question about whether he would be moved to sign a broad bill like the MORE Act or the Senate legalization legislation should such a proposal reach his desk.

With respect to the MORE Act, the latest version does not include language that was added just before last year’s House floor vote that would have prevented people with previous cannabis convictions from obtaining federal permits to operate marijuana businesses. That was a contentious provision that appeared at the last minute and which advocates strongly opposed.

And whereas the the prior version of the legislation contained language to help economically disadvantaged people enter the legal marijuana market, that language was revised to extend Small Business Administration (SBA) aid—such as loans, financial literacy programs and job training—to help people who have been harmed by the war on drugs pursue business opportunities in any industry, not just cannabis.

Advocates are encouraged by the new revisions to the bill, but there are still additional components they hope to see changed as it goes through the legislative process. For example, they also took issue with provisions added to the MORE Act prior to last year’s vote that would have stipulated that cannabis can still be included in drug testing programs for federal workers.

The current version of the MORE Act has 66 cosponsors, including seven lawmakers that signed on this week. All are Democrats.

Separately, a proposal to federally deschedule marijuana that does not include social equity components was filed by a pair of Republican congressmen in May.

Feds Fund Study Into Whether Psilocybin Can Help People Quit Smoking Cigarettes

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More Banks Say They’re Working With Marijuana Businesses, Federal Report Shows As Lawmakers Advance Reform

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The number of banks and credit unions reporting that they work with marijuana businesses ticked up last quarter, according to new federal data.

As of June 30, there were 706 financial institutions that had filed requisite reports saying they were actively serving cannabis clients. Thats up from 689 in the previous quarter but still down from a peak of 747 in late 2019.

Via FinCEN.

The new figures released by the Financial Crimes Enforcement Network (FinCEN) come amid a congressional push to protect banks and credit unions that work with the cannabis industry from being penalized by federal regulators.

While there’s 2014 FinCEN guidance in place meant to help financial institutions navigate the space, lawmakers want to enact clear, statutory protections. And that would be accomplished through House-passed standalone legislation, or an amendment that was attached to a defense spending bill this week.

Until then, there’s still reluctance within the banking sector when it comes to servicing businesses that work with a Schedule I controlled substance, and that’s reflected in the relatively low number of depository institutions that actually follow the guidance and take on cannabis clients.

Last year saw a significant and consistent drop in the number of banks and credit unions that reported having marijuana accounts, but those figures began to stabilize this year.

“Short-term declines in the number of depository institutions actively providing banking services to marijuana-related businesses (MRBs) may be explained by filers exceeding the 90 day follow-on Suspicious Activity Report (SAR) filing timeframe,” FinCEN, which is part of the Treasury Department, said. “Several filers take 180 days or more to file a continuing activity report. After 90 days, a depository institution is no longer counted as providing banking services until a new guidance-related SAR is received.”

Past reports from the agency had noted that it stopped including hemp-only businesses in its quarterly reports since the crop was federally legalized under the 2018 Farm Bill, which could account for at least some of the drop depicted in earlier data, but that language does not appear in this latest report.

Also, FinCEN didn’t mention the potential impact of the coronavirus pandemic on marijuana banking trends this time.

As of the end of last quarter, there were 518 banks and 188 credit unions reporting active marijuana clients, according to the federal agency.

Via FinCEN.

When it comes to the prospects of enacting cannabis banking reform, stakeholders are encouraged by the inclusion of the Secure and Fair Enforcement (SAFE) Banking Act in the must-pass National Defense Authorization Act (NDAA) and hope that will be the vehicle to finally provide safeguards to the financial sector.

But while the issue is bipartisan, the proposal will face challenges in the Senate, where key leaders have insisted that comprehensive legalization should advance first before lawmakers enact a policy change that’s viewed as principally favorable to the industry.

Sen. Cory Booker (D-NJ), for example, has said that he “will lay myself down” to block any other senators who seek to pass marijuana banking legislation before the body approves comprehensive cannabis reform like the federal legalization bill he unveiled alongside Senate Majority Leader Chuck Schumer (D-NY) and Senate Finance Committee Chairman Ron Wyden (D-OR).


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.

Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, spoke with Marijuana Moment about the process moving forward in a phone interview on Wednesday. He said he is optimistic about the measure’s prospects with NDAA as the vehicle, though he conceded that he hadn’t spoken with Schumer or other key senators who are actively finalizing the legalization legislation.

“I think the fifth time is the charm,” he said. “I mean, obviously, we still have to do some work to make sure that it remains part of the NDAA as the House and the Senate go to conference. So we still have work to do with the Senate to make sure that it remains part of it. But I think that it will.”

“I mean, the fact that it deals with cartels and national security, on top of the need for the public safety piece of this thing, I think that we’ll be able to convince the conference committee and the conferees generally to keep it in,” he said. “But we still have work to do.”

Most Kansas City Government Workers Will No Longer Face Pre-Employment Marijuana Tests Following City Council Vote

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