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New Mexico Lawmakers Advance Marijuana Legalization And Equity Bills On First Day Of Special Session

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A revised marijuana legalization bill in New Mexico passed its first two committee hearings during a special session on Tuesday, along with separate legislation to automatically expunge past cannabis convictions.

Both measures are scheduled for full chamber hearings Wednesday morning.

If all goes smoothly, the legislature could send the reform proposals to Gov. Michelle Lujan Grisham (D) by the end of the week, with sales set to kick off by next April. But that’s a big if—discussions over the details of the policy change have spiraled out of control in recent weeks, and it remains to be seen whether a revised proposal can win majority support in both chambers.

Multiple bills introduced for the special session so far involve cannabis in some way. The most significant, HB 2, which passed the House Taxation and Revenue committee on a 8–4 vote, would legalize the possession and sale of marijuana by adults 21 and older.

The bill then headed to the House Judiciary Committee, which passed the measure on a 7–4–1 vote shortly after 1 AM after members considered a raft of amendments.

The bill is largely similar to HB 12, legislation filed during the regular session that passed the House but stalled on the Senate floor. HB 2’s biggest difference from the previous proposal is that it strips out criminal justice provisions, such as those concerning expungements. The policies have been packaged into different legislation for the special session, SB 2.

A cleaned-up version of the expungements bill, meanwhile, passed the Senate Judiciary Committee on a 6–3 vote. It was supposed to be taken up by the full Senate later in the night, but the body delayed consideration to Wednesday morning.

A third bill introduced for the special session, SB 3, is an alternative legalization proposal backed by Republican Sen. Cliff Pirtle, while an appropriations bill, HB 1, includes funding to establish and oversee a legal cannabis industry in the state. Pirtle’s bill wasn’t taken up in committee on Tuesday.

None of the bills was published online until more than an hour after the special session officially began. Some lawmakers complained that with less than a day before the session began, they still had yet to see draft legislation.

Hours after the special session kicked off, Rep. Bill Rehm (R) introduced a bill, HB 4, to tighten laws on cannabis and driving. It would establish a per se THC blood limit for DUIs, as some other states have put in place.

Backers of the legalization bill HB 2, meanwhile, have been scrambling to revise it ahead of the special session, incorporating feedback from colleagues as well as the governor’s office.

Here are some of the main provisions in the new legalization bill as amended:

— Adults 21 and older could purchase and possess up to two ounces of cannabis, 16 grams of cannabis concentrates and 800 milligrams of infused edibles. All products would be tested by licensed laboratories for contamination and potency.

— Home cultivation of up to six mature cannabis plants would be allowed for personal use, provided the plants are out of public sight and secured from children. Households would be limited to 12 total plants. Marijuana grown at home could not be sold or bartered.

— Legal retail sales wouldn’t begin for another year or so, with a target date of April 1, 2022 or earlier. Final license rules would be due from the state by January 1, 2022, with licenses themselves issued no later than April 1.

— Advertising cannabis to people under 21 would be prohibited, with the use of cartoon characters or other imagery likely to appeal to children forbidden. Advertisements would also be barred from billboards or other public media within 300 feet of a school, daycare center or church. All products would need to carry a state-approved warning label.

— There is no limit on the number of business licensees that could be granted under the program, or the number of facilities a licensee could open, although regulators could stop issuing new licenses if an advisory committee determines that “market equilibrium is deficient.”

— Small cannabis microbusinesses, which could grow up to 200 plants, would be able to grow, process and sell cannabis products all under a single license. The bill’s backers have said the separate license type will allow wider access to the new industry for entrepreneurs without access to significant capital.

— As amended in the House Taxation and Revenue Committee, cannabis purchases will include a 12 percent excise tax on top of the state’s regular 8 percent sales tax. Beginning in 2025, the excise rate would climb by 1 percent each year until it reached 18 percent in 2030. Medical marijuana products, available only to patients and caretakers, would be exempt from the tax.

— In an effort to ensure medical patients can still access medicine after the adult-use market opens, the bill allows the state to force licensed cannabis producers to reserve up to 10 percent of their products for patients in the event of a shortage or grow more plants to be used in medical products.

— Local governments could not ban cannabis businesses entirely, as some other states have allowed. Municipalities could, however, use their local zoning authority to limit the number of retailers or their distance from schools, daycares or other cannabis businesses.

— Tribal governments could participate in the state’s legal cannabis industry under legal agreements contemplated under the bill.

— With certain social justice provisions expected to be repackaged into a separate bill, the legalization measure retains only some of HB 12’s original equity language, primarily focused on enacting procedures meant to encourage communities that have been disproportionately impacted by the war on drugs to participate in the new industry.

— The new industry would be overseen by a newly created Cannabis Control Division, part of the state Regulation and Licensing Department. Medical marijuana would also be regulated by that division, although the Department of Health would control the patient registry.

— By September of this year, the state would establish a cannabis regulatory advisory committee to advise the Cannabis Control Division. The committee would need to include various experts and stakeholders, such as the chief public defender, local law enforcement, a cannabis policy advocate, an organized labor representative, a medical cannabis patient, a tribal nation or pueblo, various scientists, an expert in cannabis regulation, an environmental expert, a water expert and a cannabis industry professional, among others.

HB 2 also includes new provisions backed by Sen. Pirtle, who introduced a competing legalization bill during the regular session that focused primarily on undercutting illicit sales. Pirtle circulated his own draft proposal for the special session late last week and formally introduced it on Tuesday.

As HB 2’s first committee hearing began, sponsor Rep. Javier MartĂ­nez (D) told the Taxation and Revenue panel, which he chairs, that the new legislation took “all the great suggestions from both sides of the aisle, from members of both chambers, incorporating many of those changes into the bill that is hear in front of you.”

“This bill takes another affirmative step—hopefully toward passage, but most importantly, a little bit closer to perfection,” he said. “This bill is not perfect—no legislation of this magnitude will ever be perfect—but it’s pretty darn close to it.”

But critics, both lawmakers and opponents who spoke during public testimony, pointed to a number of concerns with the bill. Some public health advocates worried that social consumption lounges could put workers and guests at risk from secondhand smoke and other exposure. Others called for more focused equity measures, for example by earmarking revenue for reinvestment into Black, brown, Indigenous and rural communities.

An amendment adopted by the House Taxation and Revenue committee increased HB 2’s proposed tax rate on the cannabis sales.

“What it does is it steps up the excise tax,” said Rep. Christine Chandler (D), who brought the amendment. “This bill starts with a 12 percent excise tax and, each year [beginning in 2025], it increases by 1 percent until it gets to 18 percent beginning July 1, 2030.” The additional money would go to the state’s general fund, despite some Democrats suggesting it be routed to groups most affected by the drug war.

The panel approved the amendment on a 7–4 vote, as some Republicans warned that the increased taxes could fuel the state’s illicit market. Supporters pointed out that even with the adjustment, taxes in New Mexico would still be lower than in states such as Colorado, California and Washington State.

Later, during the House Judiciary Committee hearing, lawmakers approved yet more amendments, some of which would introduced by Rep. Deborah Armstrong (D), who said they came from the governor’s office.

One would specify that consumption lounges “shall be allowed only if the consumption area is in a designated smoking area or in a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited.” The others Armstrong described as “technical corrections.”

The panel also approved an amendment, from Rep. Gail Chasey (D), chair of the committee, that modified a provision that says people won’t be denied parental rights of custody or visitation for legal cannabis conduct. The change removed language requiring “clear and convincing evidence” of danger and replacing it with a clause allowing law enforcement, courts or the state’s Children, Youth and Families Department to “act in the child’s best interests.”

The expungements bill, SB 3, meanwhile, saw 10 relatively minor amendments in the Judiciary Committee, most of which were technical changes to language that critics called unclear or unnecessary.

The measure would automatically erase past records of arrests or convictions for activity that would no longer be outlawed under legalization. People currently in custody for cannabis crimes would also be eligible for resentencing under the bill.

Among the more significant changes adopted in committee were a provision allowing people to petition for expungement anonymously, intended to avoid publicizing the charges being expunged. Another amendment adds human trafficking to a list of offenses that could allow state agencies to disqualify applicants for public employment or licensing.

While it’s not yet clear how long the special session will last, advocates and lawmakers said earlier this week that they’re hoping to adjourn by Thursday. But already there have been delays.

The new legalization legislation largely parallels a bill that advanced most of the way through the process during the regular session, although key social justice portions of that bill, HB 12, have been removed and have been instead packaged into another proposal for lawmakers to consider separately.

The social justice provisions—such as automatic expungement of certain low-level cannabis convictions—were stripped from the new legislation in an effort to win support for the overall reform among Republicans and more moderate Democrats, who had criticized HB 12 as convoluted and unwieldy.

But the move has also frustrated more progressive Democrats, who have insisted equity be built into the state’s legalization scheme from the start.

Sen. Joseph Candelaria (D), who introduced his own legalization proposal during the regular session, said this week on Twitter that he wouldn’t support the new plan without revisions to reinsert certain criminal justice and labor-related portions of the bill, specifically a provision allowing past convictions to be pardoned.

Speaking to the House Taxation and Revenue Committee, MartĂ­nez said despite decoupling the criminal justice provisions from the legalization bill, it’s crucial that both measures be passed together.

“We cannot legalize adult-use cannabis without ensuring that we do right by the folks who have made mistakes in the past and ensure their records are wiped clean,” he said. “It is my expectation that … if this bill passes, that the expungement bill will be right there with it.”


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.

According to a spokesperson for Gov. Michelle Lujan Grisham (D), the new bill incorporates a number of Pirtle’s ideas, such as a clause to expand training for law enforcement to detect drug use and impaired driving.

“The governor’s priority has been and remains a comprehensive body of law that enacts a well-regulated and safe legalized adult-use cannabis industry as well as one that addresses the attendant social justice concerns,” spokesperson Nora Meyers Sackett told the Santa Fe New Mexican.

In the governor’s proclamation calling the special legislative session, Lujan Grisham said specifically that one of the purposes was to legalize cannabis and address social inequities “in a manner substantially similar to House Bill 12.”

Some lawmakers have expressed skepticism that can be done. “What I see happening during this special session is a complete and utter meltdown,” Candelaria told the New Mexican earlier this week.

Others, such as Sen. Joe Cervantes, a moderate Democrat who has called for numerous changes to the bill despite opposing adult-use legalization at all, remain unlikely to vote for the revised bill.

House Republicans, meanwhile, have blasted the bill’s backers and the governor’s office for not making the discussions about legalization more transparent.

“The past sixty days have been defined by the Governor and Democrats silencing the voice of the people, and the silence has become deafening following the crash and burn of their pot bill,” said House Republican Leader Jim Townsend said in a statement Monday. “If legalizing marijuana is truly about the people, you would think that New Mexicans from all walks of life would have the opportunity to contribute to the process, especially when it failed so miserable at the last minute due to too many cooks in the kitchen.”

Legislative leaders worked to hammer out a legalization deal throughout the state’s 60-day legislative session this year. Sponsors of at least five different original bills have tried to unify the conflicting proposals and incorporate feedback from colleagues.

Polling indicates New Mexico voters are ready for the policy change. A survey released in October found a strong majority of residents are in favor of legalization with social equity provisions in place, and about half support the decriminalization of drug possession more broadly.

Gov. Lujan Grisham, meanwhile, included cannabis legalization as part of her 2021 legislative agenda and has repeatedly talked about the need to legalize as a means to boost the economy, especially amid the coronavirus pandemic. She said during a State of the State address in January that “a crisis like the one we’ve experienced last year can be viewed as a loss or as an invitation to rethink the status quo—to be ambitious and creative and bold.”

Additional pressure to end cannabis prohibition this year is coming from neighboring Arizona, where sales officially launched in January after voters approved a legalization ballot initiative last year. To New Mexico’s north is Colorado, one of the first states to legalize for adult use.

Cannabis is also expected to be legalized across the southern border in Mexico, with lawmakers facing a Supreme Court mandate to end prohibition by the end of April.

Before last year’s failed effort, New Mexico’s House in 2019 approved a legalization bill that included provisions to put marijuana sales mostly in state-run stores, but that measure died in the Senate. Later that year, Lujan Grisham created a working group to study cannabis legalization and issue recommendations.

In May of last year, the governor signaled she was considering actively campaigning against lawmakers who blocked her legalization bill in 2020. She also said that she’s open to letting voters decide on the policy change via a ballot referendum if lawmakers can’t send a legalization bill to her desk.

New York Marijuana Legalization Bill Moves Fast, With Three Committee Hearings And Possible Floor Votes Tuesday

Photo courtesy of Mike Latimer

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

Another Poll Shows Majority Of Americans Support Marijuana Legalization And Expungements

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Another poll has found that a majority of Americans support legalizing marijuana and clearing the records of those with prior cannabis convictions.

This one—commissioned by CBS News and released on the unofficial marijuana holiday 4/20—shows that 55 percent of respondents said recreational cannabis should be legal in their own state, compared to 42 percent who said it should be illegal.

While still a sizable majority, that’s notably lower than several other recent surveys, including those released by Quinnipiac University and the Pew Research Center this month. Those polls found that 69 percent and 60 percent of Americans back broad legalization, respectively.

Unique to this poll, however, is that participants were also asked about related cannabis issues. For example, 59 percent of adults said that people with non-violent marijuana convictions in states that have legalized should have their records cleared, versus 37 percent who said the conviction shouldn’t be expunged.

Among those who were surveyed and live in a legal marijuana state, 60 percent said they favor the policy. And 53 percent of those living in states where prohibition is still on the books said cannabis should be legalized.

Via CBS News.

Twenty-three percent of respondents said legalizing cannabis would increase crime and 19 percent said it would decrease crime—but the majority (54 percent) said it would have “no effect.”

Via CBS News.

CBS also asked respondents whether they felt legalizing marijuana would lead people to use other drugs. Most people (45 percent) said the reform would have “not much effect” to that end, while 33 percent said they felt more people would seek out other substances and 17 percent said it would make people less likely to try other drugs.

Via CBS News.

Nearly half of Americans (48 percent) said legalization would boost local economies, while 14 percent said it would have a negative economic impact and 35 percent said it wouldn’t have much of an effect at all.

Via CBS News.

Interestingly, while most people backed legalization in the poll, 53 percent said that openly using marijuana socially is “unacceptable,” compared to 43 percent who said it was “acceptable”—perhaps more a reflection of respondents’ perception of other people’s views than their own.

The poll involved interviews with 1,004 adults from March 9-14 and has a margin of error of plus or minus 3.7 percentage points.

Despite this latest example of polling showing that Americans favor ending prohibition, President Joe Biden is still not on board with extending that policy to the federal level, as confirmed again by the White House press secretary on Tuesday.

While the president says he supports allowing states to set their own policies, he feels it should only be decriminalized and rescheduled federally and wants more research to be done if he’s to change his position on broader reform.

This poll comes at a time when there’s a concerted push in both chambers of Congress to seize the opportunity they have with Democratic control to pass legalization legislation.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) have been working on a bill on their side. The majority leader told Marijuana Moment on Monday that he’s working to push the president in a pro-legalization direction as they draft the measure.

Schumer said last week that the legislation will be introduced and placed on the floor “soon.”

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.

Biden Won’t Commit To Sign Marijuana Bill If Passed By Congress, Press Secretary Says

Photo courtesy of Mike Latimer.

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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New House Bills Would Make Cannabis Businesses Eligible For Federal Small-Business Aid

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Lawmakers in the U.S. House of Representatives have introduced three new bills to make state-legal marijuana businesses eligible for federal small business services, including loans, disaster relief and grant programs.

The package of legislation is aimed at establishing parity for cannabis businesses, which are currently prohibited from receiving federal aid due to marijuana still being classified as a Schedule I controlled substance. The country’s legal cannabis industry nevertheless now supports nearly 320,000 full-time jobs in the U.S., according to industry estimates.

The measures are largely similar to legislation introduced by the lawmakers in 2019, with some small changes.

One bill, sponsored by House Small Business Committee Chairwoman Nydia Velázquez (D-NY), would allow marijuana businesses to access resources from the federal Small Business Administration (SBA). The Ensuring Safe Capital Access for All Small Businesses Act of 2021, which had not been assigned a bill number as of Tuesday afternoon, would expand access to services such as microloans, disaster assistance and the agency’s loan guaranty program.

“With more and more states pursuing legalization, including my home state of New York, there are a growing number of legitimate small businesses that are excluded from critical SBA programs,” Velázquez said in a statement, noting that much of the cannabis industry consists of small businesses.

Compared to Velázquez’s 2019 bill, the new version adds clauses meant to expand the availability of services. While the 2019 bill applied to SBA itself, provisions in the new legislation also prevent SBA intermediaries, private lenders and state and local development companies from declining to work with businesses simply because of their marijuana-related work.

Another new section deals with debentures—certain unsecured loan certificates—and clarifies that SBA may not decline to purchase or guarantee a debenture just because of a business’s involvement in cannabis. Nor can other small business investment companies decline to provide assistance to the cannabis sector.

“This legislation will spark growth by extending affordable capital to small firms in the cannabis space,” she continued. “Simultaneously, the bill acknowledges the structural disadvantages facing entrepreneurs of color and seeks to level the playing field.”

Another newly refiled measure, H.R. 2649, sponsored by Rep. Dwight Evans (D-PA), would establish a U.S. Small Business Administration (SBA) grant program to provide funding to state and local governments to help them navigate the licensing process for cannabis businesses. The bill, which also removes marijuana from the Controlled Substances Act, specifies that the grant money should be used to benefit communities disproportionately impacted by the drug war.

“My bill would act as a poverty-buster and help homegrown small businesses, which are the backbone of our economy and our neighborhoods. We need to make sure that the booming legal cannabis industry does not become consolidated in the hands of a few big companies,” Evans said.


Marijuana Moment is already tracking more than 1,000 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.

A third bill, H.R. 2649, from Rep. Jared Golden (D-ME), would prohibit SBA partners that provide guidance and training services from denying help to businesses solely because of involvement in cannabis. The changes would affect providers such as SBA’s Small Business Development Centers, Women’s Business Centers and the Veterans Business Outreach Centers, among others.

“Our continued economic recovery depends on the health of American small businesses of all kinds. Especially in this environment, no Maine small business owner should be turned away from crucial SBA programs that could help them create jobs and lift up the economy,” said Rep. Golden. “My bill would help address this problem by providing small business owners directly or indirectly associated with the cannabis industry with access to the services and resources they need to get their small businesses off the ground and grow.”

Meanwhile, federal lawmakers have been making headway on other cannabis-related proposals. The House passed a cannabis banking bill on Monday, and broader legislation to legalize cannabis at the federal level is expected to be introduced soon.

The banking legislation would ensure that financial institutions can take on cannabis business clients without facing federal penalties. Fear of sanctions has kept many banks and credit unions from working with the industry, forcing marijuana firms to operate on a cash basis that makes them targets of crime and creates complications for financial regulators. The full House passed the bill on a 321–101 vote.

“Even if you are opposed to the legalization of cannabis, you should support this bill,” sponsor Rep. Ed Perlmutter (D-CO) said on the House floor. “The fact is that people in states and localities across the country are voting to approve some level of cannabis use, and we need these cannabis businesses and employees to have access to checking accounts, payroll accounts, lines of credit, credit cards and more.

Other Democrats, including Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are working on legislation that would end federal cannabis prohibition completely.

Schumer said last week that the long-awaited proposal would be introduced “shortly” and placed on the floor “soon.” Schumer has so far declined to discuss the bill’s specifics, though he’s stressed that it will prioritize small businesses and people most historically impacted by the drug war.

In an interview with Marijuana Moment this week, Schumer worried that passage of the House banking bill could actually undermine broader congressional cannabis reform this year.

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his own legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the House in a landmark vote last year but did not advance in GOP-controlled the Senate.

Meanwhile, support for legalization among U.S. voters continues to grow. More than 9 in 10 Americans (91 percent) now support legalizing cannabis for either medical or adult use, according to a Pew Research Center poll released on Friday. Sixty percent of respondents said that cannabis should be legal for both medical and adult use. Thirty-one percent said it should be legalized for therapeutic purposes only, while just eight percent said it should continue to be criminalized across the board.

A majority of those in every age, race and political demographic included in the poll said they feel marijuana should be legal in some form, although many Republicans remain wary of adult-use legalization. Seventy-two percent of Democrats favored both medical and adult-use legalization compared to only 47 percent of Republicans.

Among the minority in opposition to federal legalization: President Joe Biden (D). White House Press Secretary Jen Psaki said last month that the president’s position on the issue “has not changed,” meaning he still opposes the reform. on Tuesday, Psaki refused to say whether Biden would sign or veto a cannabis legalization bill if passed by Congress.

The president instead backs modestly rescheduling the plant, decriminalizing possession, legalizing medical cannabis, expunging prior marijuana records and letting states set their own policies.

Read the full text of the new legislation below:

Ensuring Safe Capital Access for All Small Businesses Act of 2021 by Marijuana Moment on Scribd

Ensuring Access to Counseli… by Marijuana Moment

Homegrown Act by Marijuana Moment on Scribd

Schumer Worries Senate Marijuana Banking Vote Could Undermine Broader Legalization Push

 

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Biden Won’t Commit To Sign Marijuana Bill If Passed By Congress, Press Secretary Says

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White House Press Secretary Jen Psaki on Tuesday declined to say whether President Joe Biden would sign or veto a bill to federally legalize marijuana if it arrives on his desk, noting that his cannabis policy position is at odds with broader proposals that congressional Democratic leaders are working on.

She was also asked about his stance on marijuana banking reform, the disconnect between public opinion favoring legalization and the president’s opposition and whether Biden plans to revisit clemency applications for those facing federal sentences over cannabis.

The noncommittal response to the legalization question comes on the unofficial cannabis holiday 4/20—a day that has seen a wide range of politicians, including Senate Majority Leader Chuck Schumer (D-NY), voice support for comprehensive marijuana reform.

Psaki was pressed on the Senate leader’s remarks and asked whether Biden would support legislation to end federal cannabis prohibition if Congress approved it.

“The president supports leaving decisions regarding legalization for recreational use up to the states, rescheduling cannabis as a Schedule II drug so researchers can study its positive and negative impacts and, at the federal level, he supports decriminalizing marijuana use and automatically expunging any prior criminal records,” she said. “He also supports legalizing medicinal marijuana so that’s his point of view on the issue.”

Biden’s positions to that end are well known, but an outstanding question has been whether his opposition to adult-use legalization is so strong that he would reject a reform proposal such as those currently being drafted in the House and Senate.

Asked directly what action the president would take if a federal legalization bill was sent to his desk, Psaki signaled that he wouldn’t be inclined to sign it, stating “I just have outlined what his position is, which isn’t the same as what the House and Senate have proposed, but they have not yet passed a bill.”

The reporter followed up to ask about a separate cannabis pledge Biden made as a presidential candidate, when he said people incarcerated in federal prisons over non-violent marijuana offenses should be released.

Psaki said that would be addressed if cannabis was rescheduled to Schedule II—a dubious claim given that there are still serious penalties for offenses involving substances in that category as well. She also didn’t provide any insight into whether the president is proactively pushing for the modest scheduling change.

Later in the briefing, the press secretary was asked where Biden stands on legislation to protect banks that service state-legal marijuana businesses from being penalized by federal regulators. The House approved the Secure and Fair Enforcement (SAFE) Banking Act along bipartisan lines on Monday.

She said it was a “good question,” but she wasn’t sure and told the reporter she would follow up with a response later.

When pushed on Biden’s opposition to the legalization in the face of mounting, majority support among Americans, Psaki said that while he’s in favor of decriminalization and legalizing medical marijuana, he wants more research on the “positive and negative effects” of adult-use legalization.

“He’ll look at the research once that’s concluded,” she said. “Of course we understand the movement that’s happening toward it. I’m speaking for what his position is and what long, consistently has been his position. He wants to decriminalize, but again, he’ll look at the research of the positive and negative impacts.”

The press conference ended with a final question about cannabis policy—specifically whether the Biden administration plans to revisit requests for clemency for federal cannabis convictions. The reporter cited the case of Luke Scarmazzo, who was sentenced to 22 years in federal prison for operating a state-legal medical cannabis business in California, as an example.

“Given, as you’ve noted in the briefing, the president’s support for decriminalization, support for expunging exactly these types of offenses, are there any plans to revisit some of those bids for clemency?” the reporter asked.

“Well, I would just take it as an opportunity to reiterate that the president supports legalizing medicinal marijuana,” Psaki said. “It sounds like this would have been applicable in this case, and of course decriminalizing marijuana use and automatically expunging any prior criminal records. In terms of individual cases, I can’t get ahead of those obviously.”

These question come, of course, on 4/20. But they also come at a time when there’s a concerted push in both chambers of Congress to seize the opportunity they have with Democratic control to pass legalization legislation.

Schumer, Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) have been working on a bill on their side. The majority leader told Marijuana Moment on Monday that he’s working to push the president in a pro-legalization direction as they draft the measure.

Schumer said last week that the legislation will be introduced and placed on the floor “soon.”

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.

Schumer Worries Senate Marijuana Banking Vote Could Undermine Broader Legalization Push

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