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New York Senate And Assembly Include Marijuana Legalization In Budget Proposals

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Both the New York Senate and Assembly included marijuana legalization language in annual budget legislation released on Tuesday.

But while the Senate recommended certain modifications to the legal cannabis proposal first introduced by Gov. Andrew Cuomo (D), the Assembly’s resolution seemed to approach the issue with less urgency.

That said, the Assembly did stipulate that legalization legislation should “provide for personal cultivation” of marijuana. That stands in contrast to the governor’s proposal, which bans home growing of recreational cannabis in line with the wishes of a New York-based medical cannabis industry association as detailed in a memo that Marijuana Moment obtained through a public records request.

Overall, the language around cannabis policy in the new budget bills is of particular interest to legalization advocates, as the governor has recently said he’s “no longer confident” the idea will make it into final spending legislation that must be signed by an April 1 deadline.

On the Senate side, though, the idea still seems to be alive. The chamber said it “generally supports” legalization and outlined a series of amendments the chamber’s leaders want to be included.

For example, the Senate said legalization legislation should grant the body authority to approve executive appointees to the state’s adult-use regulatory committee. It also wants to reduce criminal penalties for future marijuana offenses, expand expungement provisions and reduce tax rates for retail cannabis sales.

The Senate is also calling for marijuana tax revenue to be allocated to “fund public education, job training, reentry services, drug treatment and prevention programs, community-based supportive services, improvements to the Metropolitan Transportation Authority (MTA) and to expand training for state and local law enforcement to maintain road safety.”

“The Senate will work to make sure that the good-paying jobs in the medical marijuana field will continue to be protected and will flourish as the adult use program is established and expanded,” the resolution states. “The Senate believes that it is critically important that revenue generated from legalization support communities that have been disproportionately impacted by enforcement of prior marijuana policies.”

However, Senate President Andrea Stewart-Cousins (D) said last month “I don’t think [legalization] will be in the budget” that ultimately gets sent to Cuomo’s desk and that the chamber wants “to make sure we get it right.”

Over in the Assembly, meanwhile, a separate budget resolution also lists priorities for cannabis legalization. But the language suggests that its inclusion in the final budget is even less of a given.

Instead, the chamber “proposes to continue discussion with the Executive and the Senate to provide for the regulation of hemp-derived cannabis products, to expand the existing medical cannabis program and to provide for the regulation of cannabis and cannabis products for adult-use.”

“The Assembly supports the establishment of a centralized regulatory approach for the regulation and management of medical, adult-use and hemp-based cannabis and cannabis products through the creation of a regulatory body comprised of legislative and executive appointments, as well as ex-officio agency representation from agencies involved in implementation.”

The chamber also expressed support for reducing criminal penalties for marijuana-related activity, expunging prior cannabis convictions, implementing employment protections for consumers, ensuring that licensing empowers individuals from communities that have been hardest hit by the drug war, developing social equity programs and imposing a “reasonable tax structure” to curb the illicit market.

The “continue discussion” language seems to reflect the Assembly’s strong position on how revenue should be distributed. It “maintains that it is critically important that revenue generated from legalization of cannabis be invested in communities that have been disproportionately impacted by enforcement of prior cannabis policies.”

“Therefore, the Assembly will further continue discussions on how to direct revenue to ensure that funds will be used for: public education; job creation, skills development and training; social justice and reentry services for communities that have been disproportionately impacted by past criminalization of cannabis; substance use disorder services and mental health services; community-based supportive services; expanding training for state and local law enforcement to maintain driver safety; and any other uses deemed necessary and appropriate.”

One difference between the Assembly’s resolution and the Senate and governor’s concerns funding MTA improvements with cannabis tax revenue. Assembly Speaker Carl Heastie (D) has criticized the proposal, as have drug policy reform advocates.

Those issues will have to be resolved soon if legalization is going to make it into the final budget. As lawmakers continue to consult on workable legislation that can garner sufficient support, a deadline looms just over two weeks away.

If it doesn’t make it in the budget, there are a number of standalone bills on the table that would also legalize cannabis for adult use. Lawmakers would have to send a marijuana bill to Cuomo’s desk by June, which is when the current legislative session ends.

New York City Council Holds Joint Hearing On Marijuana Legalization

Photo courtesy of WeedPornDaily.

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.

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

Politics

Hemp Farmers Guaranteed Federal Crop Insurance Through Disaster Bill Amendment

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The Senate approved a bill on Thursday that is mostly focused on providing relief aid to areas impacted by natural disasters—but it also includes a provision ensuring that hemp farmers qualify for federal crop insurance.

The hemp section was inserted into the legislation at the behest of Senate Majority Leader Mitch McConnell (R-KY). Though similar language already exists in the 2018 Farm Bill, which federally legalized hemp and its derivatives, the senator took an added measure to provide clarity to farmers who want access to the insurance option ahead of the 2020 planting season.

“Beginning not later than the 2020 reinsurance year, the Federal Crop Insurance Corporation shall offer coverage under the wholefarm revenue protection insurance policy (or a successor policy or plan of insurance) for hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)),” text of the provision states.

“Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985,” it continues.

The Senate passed the bill by a vote of 85 to 8. The House is expected to approve the disaster legislation by unanimous consent by the end of the week, and President Donald Trump has offered assurances that he will sign it into law.

The legalization of hemp has sparked strong interest among farmers in states from Colorado to Kentucky, but it will still be some time until the U.S. Department of Agriculture (USDA) develops and implements its federal regulatory guidelines.

Agriculture Secretary Sonny Perdue said that while his department would not rush its rulemaking process, it still intends to implement the regulations before the 2020 planting season. After that point, USDA would be able to approve regulatory plans submitted by individual states.

McConnell, who championed the hemp legalization provision, has urged the quick and effective implementation of such regulations, and he’s suggested that he’d introduce standalone legislation to resolve any “glitches” in its rollout.

While not a standalone bill, the hemp-focused provision of the disaster legislation seems to indicate he plans to make good on that promise.

The senator has made much of his pro-hemp agenda, arguing last month that his role in reforming hemp laws is at “the top of the list” of reasons why voters should reelect him in 2020. He also cited hemp as an agricultural alternative to tobacco when he introduced a bill this week to raise the minimum age requirement to purchase tobacco products from 18 to 21.

Mitch McConnell Touts Hemp As He Proposes Raising Tobacco Purchase Age Limit

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Congressional Report Urges DEA Action On Marijuana Cultivation Applications

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A congressional committee report attached a large-scale spending bill containing marijuana-related protections has been amended to include a call for the Drug Enforcement Administration (DEA) to finally act on long-pending applications for federal licenses to grow cannabis for research purposes.

The legislation itself, which was released by a House subcommittee last week, could still be further amended as it goes through the legislative process. But as approved by the full House Appropriations Committee on Wednesday, the bill stipulates that none of the Fiscal Year 2020 funds it allocates may be used by the Justice Department to interfere in state-legal medical marijuana programs.

The provision has been federal law since 2014, but its inclusion in the initial subcommittee proposal as introduced is the earliest it has ever surfaced in the legislative process for the annual spending bill. While advocates hoped broader protections for adult-use cannabis states would also be included in the base legislation, that rider isn’t in the bill—at least not yet.

There was also a technical problem with the legislation that wasn’t resolved by the committee manager’s amendment, the text of which has not been posted but was obtained by Marijuana Moment. The medical cannabis provision lists the states and territories its protections apply to—but it left out the U.S. Virgin Islands, which legalized medical marijuana in January.

Similar errors have occurred in past versions of the legislation, when legal medical cannabis states North Dakota and Indiana were not included in an earlier version of the rider, and advocates hope that the language will be amended on the House floor.

But while that fix didn’t make it into the bill at the committee level, the directive to the DEA about cannabis cultivation licenses was added to the committee report attached to the bill via the manager’s amendment.

“The Committee urges the Drug Enforcement Administration to expeditiously process any pending applications for authorization to produce marijuana exclusively for us in medical research,” the revised report states.

The DEA has faced significant pressure from lawmakers, advocates and scientists to approve applications for additional marijuana manufacturers to produce research-grade cannabis. Currently there is only one federally authorized facility, and the quality of its product has long been criticized.

DEA announced a process to license additional cultivators during the final months of the Obama administration in  2016, but the Justice Department under then-Attorney General Jeff Sessions refused to act on more than two dozen pending applications. Current Attorney General William Barr has pledged to look into the matter, and has said he agrees that approving additional manufacturers is necessary.

Advocates hope that the new committee report language could help to finally spur movement at the department.

“The DEA is a disaster on marijuana and they need to stop obstructing research ASAP,” Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment.

“It’s beyond ridiculous that they won’t act on these applications. Even prohibitionists like Project SAM agree,” he added, referring to the anti-legalization group Smart Approaches to Marijuana. “And when the guys who get their drug policy from the 1920s say you’re behind the times, that’s pretty embarrassing.”

Justin Strekal, political director for NORML, said that Sessions “was the only government official opposed to cannabis research, and he is no longer employed.”

“Now is the time for AG Barr to follow through on his commitment and allow researchers pathways to consumer-grade cannabis,” he said.

Another provision included in the appropriations bill would offer protections for states that have implemented industrial hemp pilot programs under the 2014 Farm Bill. The Justice Department wouldn’t be allowed to use its funds to interfere in such programs under the proposal.

Of course, the 2018 version of the agriculture legislation removed hemp and its derivatives from the Controlled Substances Act, shifting regulatory responsibility onto the U.S. Department of Agriculture instead of the Justice Department, so that provision may not be especially relevant going forward.

The bill will next head to the Rules Committee, which will decide the list of amendments—potentially including additional cannabis-related ones—that can be considered on the House floor.

Read the text of the manager’s amendment with the DEA marijuana language below: 

Managers Amendment FINAL by on Scribd

Presidential Candidates Are Cosponsoring A New Marijuana Descheduling Bill

Photo courtesy of Mike Latimer.

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House Committee Approves Immigration Bill With Marijuana Protections

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A congressional committee voted in favor of a wide-ranging immigration bill on Wednesday, and the legislation includes marijuana-related protections for people who were brought to the U.S. as children.

Under the DREAM Act as approved, having low-level cannabis convictions, or engaging in state-legal cannabis-related activities such as working in the regulated marijuana industry, would not be counted against applications for permanent resident status for so-called Dreamers.

The House Judiciary Committee advanced the bill in a 19-10 vote, without specific discussion about the cannabis provisions.

The section concerning eligibility for permanent status stipules that having three or more misdemeanor convictions could be grounds for ineligibility—but the bill creates an exemption for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”

The text seems to indicate that immigrants who engaged in cannabis-related activities prior to a state reforming its marijuana laws would still be protected even if that activity was not state-legal at the time.

Similar language appears under a separate section about grounds for a provisional denial of an application for adjustment of status. Applicants would be exempted from such a denial if their conviction was for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”

A previous version of the legislation, filed in March, didn’t include the specific eligibility requirements related to certain criminal activity, nor did it contain any explicit marijuana protections. It’s possible that House Democrats thought up the exemptions during a brainstorming session earlier this month about potential bill revisions aimed at building more support.

The next likely stop for the DREAM Act will be the House Rules Committee before heading to a full floor vote.

There’s been growing interest in reforming marijuana policies as they apply to immigrants and visitors to the U.S.

Earlier this month, four congressional Democrats sent a letter to the head of the Justice Department and Department of Homeland Security to end the practice of rejecting naturalization applications solely because the applicant worked in a state-legal marijuana market. That came after the U.S. Citizenship and Immigration Services (USCIS) released a memo specifying that such activity could render them morally unfit for citizenship.

And last week, Rep. Earl Blumenauer (D-OR) introduced legislation aimed at resolving marijuana-related border issues, whereby visitors who admit to using cannabis or working in their country’s legal industry can be denied entrance.

New Congressional Bill Aims To Resolve Marijuana Industry Border Issues

Photo courtesy of Philip Steffan.

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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