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New Mexico Marijuana Legalization Bill Heads To Governor’s Desk Following House And Senate Votes

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New Mexico lawmakers approved a bill to legalize marijuana for adults during a special legislative session on Wednesday, sending the years-in-the-making legislation to the desk of Gov. Michelle Lujan Grisham (D), who is expected to sign it into law. Lawmakers also passed separate legislation to expunge past convictions for low-level cannabis crimes.

Legal retail sales of cannabis are scheduled to begin by April 1, 2022.

“This is a significant victory for New Mexico,” Lujan Grisham said after the vote. “Workers will benefit from the opportunity to build careers in this new economy. Entrepreneurs will benefit from the opportunity to create lucrative new enterprises. The state and local governments will benefit from the additional revenue. Consumers will benefit from the standardization and regulation that comes with a bona fide industry.”

“And those who have been harmed by this country’s failed war on drugs, disproportionately communities of color, will benefit from our state’s smart, fair and equitable new approach to past low-level convictions,” she said.

The legalization bill, HB 2, passed the full Senate on a 22–15 vote Wednesday night following hours of contentious discussion throughout the day. It then returned to the House, which had approved it 38–32 earlier in the day, for consideration of Senate changes. That vote passed by a voice vote.

The expungements bill, SB 2, passed both chambers in identical form earlier in the day.

Provisions in the two bills were originally part of a single piece of legislation, HB 12, that passed the House during the regular session but stalled on the Senate floor. Going into this week’s special session, backers spun off the criminal justice matters in an effort to win support from Republicans and moderate Democrats who complained the proposal as a whole was too broad.

Before the full Senate vote, the body’s Committee of the Whole, consisting of all the chamber’s members, narrowly approved HB 2, voting 23–19. Lawmakers also considered a competing legalization proposal, SB 3, from Sen. Cliff Pirtle (R), who began circulating draft legislation last week. The Republican lawmaker’s bill took a simpler approach to legalization than HB 2, with lower taxes and a more streamlined licensing system.

The Committee of the Whole voted 36–6 not to advance the measure. Pirtle repeatedly complained that he had been cut out of the negotiation process dominated by members of the opposite party.

Gov. Michelle Lujan Grisham called this week’s special session primarily to push legalization across the finish line.

Here are some of the main provisions in the new legalization bill, HB 2,  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.

— 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.

— The bill as amended now includes language that would allow medical marijuana patients who are registered in other states to participates in in other states to access, a proposal that failed to pass during the regular session.

A separate spending bill introduced for the special session, HB 1, includes funding to establish and oversee the state’s legal cannabis industry. That measure has passed both chambers.

Another bill, HB 4, would have tightened laws on cannabis and driving by establishing a per se THC blood limit for DUIs, as some other states have put in place. But the House Rules and Order of Business Committee voted 8–7 that the legislation was “not germane” to the special session.

Lawmakers spent hours on the House floor Wednesday rehashing many of the same issues that have been discussed for years around legalization. Advocates stressed that the change would ensure product testing and safety, set limits to discourage youth use of cannabis and bring millions of dollars in tax revenue to the state government.

Opponents, meanwhile, warned that legalization could influence more youth to consume cannabis and lead to an uptick in impaired drivers on New Mexico’s roadways. The bill’s supporters countered that many of those risks would be better addressed through legalization than criminalization, because products would be tested, sales would be limited to adults only and law enforcement would be trained to better recognize impairment and impaired driving.

“Cannabis is already here,” one of the bill’s cosponsors, Rep. Javier Martínez (D) said. “If this bill becomes the law of the land…we can ensure that we develop the mechanisms that prevent [youth] access to cannabis.” He noted that he himself is a father of two kids, saying, “I don’t want my children to consume any type of substance that will be harmful for them.”

“I think we have a good bill and a good framework and the ability to closely regulate,” Rep. Deborah Armstrong (D) told the Senate Committee of the Whole, “and in that process, as we discover things or need to change things, we can we can do that.”

Martínez drew attention to an October poll indicating that a strong majority of New Mexico voters are ready for the policy change. Some Republicans, however, said the poll results didn’t represent their districts.

Rep. Stefani Lord (R) voiced worries that people who use cannabis would not be allowed to own a gun. In addition to cannabis still being illegal at the federal level, a state law currently bars people from “carrying a gun while under the influence of an intoxicant or narcotic.”

“You have to make a decision,” Lord said: “Am I going to smoke pot, or am I going to lose my Second Amendment rights?”

The House adopted a pair of amendments to HB 2 before ending debate earlier on Wednesday, one that would add a municipal police chief to the state’s cannabis advisory committee, and another that would require government reports to study the law’s impact.

Another floor amendment, brought by Rep. Bill Rehm (R), would have established a $100-per-ounce fine for possessing products not obtained in compliance with adult-use or medical marijuana laws, but the House tabled that proposal, effectively rejecting it.

Rehm attempted and failed to add the same amendment just hours earlier, at the late-night hearing of the House Judiciary Committee.

Another amendment offered by Rehm was also tabled by the Democrat-controlled House. It would have made it a felony to intentionally distribute cannabis to minors.

During the Senate Committee of the Whole consideration, lawmakers approved an amendment that would prevent members of the House or Senate from obtaining a cannabis business license before July 2026.

Sen. Mark Moores (R) asked during the whether the bill’s supporters had financial interests in legalization. Both Martínez and Armstrong, the two House cosponsors who were present at the hearing, said they did not, nor did they have any plans to enter the cannabis industry in the future.

Duhigg, a legalization supporter on the Senate side who voted against the amendment, said she did not have any interest in the industry. She added, “I look forward to Sen. Moore also asking the same question of Sen. Pirtle when we are hearing Senate Bill 3.”

Pirtle said he was offended by Duhigg’s insinuation of wrongdoing. “I have consistently recused myself when there has been a direct conflict or chance of impropriety,” he replied. “I voted yes [on the amendment] because I have never supported a piece of legislation that would affect me financially in my career.”

The panel adopted the change over the objections of some members who said the rule sets a bad precedent given that New Mexico lawmakers are unpaid, volunteer legislators who generally hold other jobs.

The expungements bill, SB 2, saw several relatively minor amendments in the Senate Judiciary Committee on Tuesday, 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.

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. Going into the special session, HB 2’s sponsors have been working closely with the governor’s office to craft a final bill.

During the Senate Committee of the Whole hearing, Pirtle made a final plea to colleagues to consider his alternative legalization bill, which he said was similar to a 2019 proposal that passed the House but failed in the Senate, legislation he noted had bipartisan support.

“It was something that was put together with two goals in mind,” he told the committee of SB 3, “and those goals were to basically eliminate the illicit market along with protecting the public safety of the state to the best that we could.”

Pirtle said HB 2 concentrates too much power in the state Regulation and Licensing Department (RLD). His bill would have split oversight among three departments: RLD would oversee licensing, while production would be under the Department of Agriculture and “all things that would be consumed” would be regulated by the Environment Department, much like how the state regulates hemp. Licensing would also be simpler than HB 2, with lower costs and a scalable cultivation license that would be based on how many plants a business grows.

House Republicans have repeatedly blasted Democrats who wrote HB 12 for not being more transparent in the process, while others have criticized the special session as unnecessary.

“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” during the regular session, 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.”

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 Governor Signs Marijuana Legalization Bill, Hours After Lawmakers Put It On His Desk

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.

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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.

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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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