Three Democratic presidential candidates and the party’s top Senate leader are taking the stand that Congress should not pass marijuana banking legislation without also moving to end federal cannabis prohibition and repair the harms of the war on drugs.
All four lawmakers—Sens. Cory Booker (D-NJ), Kamala Harris (D-CA), Bernie Sanders (I-VT) and Chuck Schumer (D-NY)—tweeted links to Marijuana Moment coverage of a growing dispute between legalization supporters who say the banking bill is a first step that will bolster broader cannabis reform and those who are concerned that passing the limited proposal will undermine efforts to advance more far-reaching legislation.
House leadership announced on Friday that the first full floor vote on a standalone piece of cannabis reform legislation—a bill to protect banks that service cannabis businesses from being penalized by federal regulators—will be held on Wednesday.
The scheduling of the vote came over the objections of several advocacy groups—including ACLU, Human Rights Watch and Drug Policy Alliance—that wrote a letter asking that the vote be postponed until more wide-ranging reform legislation is passed.
“I am proud to stand with these civil rights organizations,” Sanders said in his tweet on Saturday. “In the fight for marijuana legalization, we must prioritize racial and economic justice—that means revenues from this industry must be invested in the communities that have been devastated by the so-called ‘war on drugs.'”
I am proud to stand with these civil rights organizations. In the fight for marijuana legalization, we must prioritize racial and economic justice—that means revenues from this industry must be invested in the communities that have been devastated by the so-called "war on drugs." https://t.co/5IGh53QI7j
— Bernie Sanders (@SenSanders) September 21, 2019
“We shouldn’t do this without addressing the reality that people of color are being shut out of the legal marijuana industry,” Harris wrote in her Saturday Twitter post. “That means not only legalizing marijuana but also expunging criminal records and providing a path for people of color to enter the industry.”
I agree. We shouldn’t do this without addressing the reality that people of color are being shut out of the legal marijuana industry.
That means not only legalizing marijuana but also expunging criminal records and providing a path for people of color to enter the industry. https://t.co/M1Ri1iDKra
— Kamala Harris (@SenKamalaHarris) September 21, 2019
On Friday, Booker tweeted that “marijuana legislation moving through Congress must include restorative justice for those most harmed by the War on Drugs” in order to get his vote.
Although the senator didn’t directly reference the banking bill in his post, his press secretary confirmed to Marijuana Moment in an email that the tweet was sent directly in reaction to the House banking vote news.
As I said earlier this year, any marijuana legislation moving through Congress must include restorative justice for those most harmed by the War on Drugs in order to get my vote.https://t.co/Y1dOwgHbm2
— Sen. Cory Booker (@SenBooker) September 20, 2019
On Thursday, Senate Minority Leader Chuck Schumer (D-NY), the top Democrat in the body, tweeted that “we need decriminalization at the federal level, criminal justice reform, and investment in opportunity for minority & women-owned small businesses,” adding that groups who say there can be no movement on banking without broader justice reform are “right.”
.@RepAOC and these civil rights groups are right.
Congress should not enact banking reform alone and think the job is done.
We need decriminalization at the federal level, criminal justice reform, and investment in opportunity for minority & women-owned small businesses. https://t.co/PM22Bmk5Pl
— Chuck Schumer (@SenSchumer) September 19, 2019
Though it isn’t exactly clear that all four Democrats would vote against a marijuana banking bill should it come to the Senate floor prior to more far-reaching cannabis reform—and Harris and Sanders are cosponsors of the financial services legislation—their tweets come at a crucial time in the debate about the issue, and could be interpreted by House Democrats who share their concerns as a signal that it would be OK for them to oppose the limited reform when it comes up for floor consideration this week.
To that end, Schumer’s tweet mentioned Rep. Alexandria Ocasio-Cortez (D-NY), who earlier on Thursday indicated she agrees with the groups’ concerns and may vote against the banking bill if the chamber doesn’t first tackle social equity issues.
“She feels strongly that addressing racial justice should be the first priority,” a staffer for the congresswoman told Marijuana Moment.
The House plans to advance the proposal under an expedited procedure known as suspension of the rules, through which a two-thirds majority—or 290 votes—is needed to pass. While the bill currently has 206 cosponsors and has been expected to bring in the super majority of votes needed to advance, opposition from progressive lawmakers like Ocasio-Cortez could potentially jeopardize passage.
Groups signing the letter of concern to House leadership told Marijuana Moment they aren’t sure whether they will ask lawmakers to vote against the banking legislation now that their concerns on timing have been rejected, but some said they are still pushing to convince the body to delay consideration.
Perhaps anticipating some liberal defections, Rep. Ed Perlmutter (D-CO), the chief sponsor of the Secure and Fair Enforcement (SAFE) Banking Act moved last week to amend the legislation in an attempt to bring in even more GOP votes—including clarifying that banking protections would apply to hemp and CBD companies and also adding language preventing financial regulators from targeting certain industries such as firearms dealers and payday lenders as being at a higher risk for fraud.
Even before Senate Democrats began publicly expressing their concerns about the limited reform, the banking bill was believed to face a tougher road in the chamber, where Schumer’s counterpart, Majority Leader Mitch McConnell (R-KY), shepherded hemp legalization to enactment last year but often says he doesn’t support the crop’s “illicit cousin” marijuana.
But Senate Banking Committee Chairman Mike Crapo (R-ID) surprised observers when he said this month that he planned a vote on cannabis banking legislation in his panel by the end of the year.
The Leadership Conference on Civil and Human Rights, one of the groups that signed the letter calling on House leaders to pull the planned banking vote, thanked Schumer and Sanders for their tweets.
Congress needs to address marijuana prohibition holistically and inclusively by considering the Marijuana Opportunity Reinvestment and Expungement Act.
— The Leadership Conference (@civilrightsorg) September 20, 2019
Thanks, @SenSanders. We agree.
For decades, people of color have suffered under harsh and racially biased marijuana laws. We need broad and more inclusive efforts to reform them. https://t.co/OXz6iHDhQb
— The Leadership Conference (@civilrightsorg) September 21, 2019
The groups want Congress to first move legislation such as the Marijuana Opportunity Reinvestment and Expungement Act, which Harris and House Judiciary Committee Chairman Jerrold Nadler (D-NY) introduced in July. That bill would remove cannabis from the Controlled Substances Act and fund programs aimed at undoing the past damage of the drug war.
Photo courtesy of Jurassic Blueberries.
Indiana GOP Lawmaker Plans Medical Marijuana Bill As Democrats Push Full Recreational Legalization
“It polls higher than any other issue. We’ve seen 38 other states step up and do the right thing for their citizens. We know it saves lives. We know it offers a better quality of life.”
By Margaret Menge, The Center Square
Democrats in Indiana have launched a campaign to legalize marijuana in the state and appealed to business-friendly Republicans to join to help the state’s economy.
There is some support from Republicans.
“I have a medical cannabis bill ready to go,” Rep. Jim Lucas, R-Seymour, said.
He said the bill will be similar to the one he introduced in the last session of the Indiana General Assembly, which would permit the use of medical marijuana by people with “serious medical conditions” as determined by a doctor, and would permit the “cultivation, testing, processing, transportation and dispensing” of medical marijuana by people who hold a valid permit issued by the state.
It also would put the Indiana Department of Health in charge of implementing and enforcing the medical marijuana program.
Indiana is one of just a handful of states that has not legalized medical marijuana.
“It polls higher than any other issue,” Lucas said. “We’ve seen 38 other states step up and do the right thing for their citizens. We know it saves lives. We know it offers a better quality of life.”
In 2016, the national American Legion, which is based in Indianapolis, called on Congress to remove marijuana from Schedule I of the federal Controlled Substances Act and reclassify it to “recognize cannabis as a drug with potential medical value.”
The Legion has also pushed for more research to be done on marijuana related to its potential in treating post-traumatic stress disorder and traumatic brain injury among veterans of the wars in Iraq and Afghanistan, in particular.
The Indiana American Legion, however, has not taken a position on the issue, and did not discuss the bill Lucas introduced in the last session, spokesperson Josh Marshall said.
He said the issue would have to be reviewed by the organization’s executive committee before any action were taken on the issue in the upcoming session of the legislature, which begins January 3.
Meanwhile, Indiana Democrats are pushing to get the issue on the table.
Rep. Sue Errington, D-Muncie, is set to lead a “community talking circle” at a pizza place in Muncie today to hear from the public about legalizing medical marijuana.
“The reality is that medical cannabis is becoming an accepted and preferred method of treatment throughout the country,” Errington said in a statement from the Indiana House Democratic Caucus on November 29. “Medical cannabis is a safe, non-addictive alternative to opioids that could benefit Hoosiers who live with chronic pain and anxiety disorders, including our brave veterans who struggle with post-traumatic stress disorder. Those who have sacrificed so much for our state deserve an effective treatment for their pain, rather than a potential criminal record.”
Republicans hold a supermajority in both houses of the legislature and hold every statewide office. But legislative leaders—some of them—have appeared more open on the issue in recent years.
In 2018, the Republican floor leader in the Indiana House of Representatives, Rep. Matt Lehman, R-Berne, authored a resolution calling for an interim study committee to research medical marijuana.
“Hoosiers rightfully want to know what direction Indiana will take,” he said at the time. “I believe it is wise of policymakers to carefully gather public and professional input.”
Lehman told Fox59 last month that he thinks there’s “always room for discussion” about medical marijuana, but that he thought the federal government would have to act first, before Indiana takes action.
DEA Backs White House Plan To Streamline Research On Marijuana, Psychedelics And Other Schedule I Drugs
The Drug Enforcement Administration (DEA) and National Institute On Drug Abuse (NIDA) say they are in favor of a White House proposal to streamline the process of researching Schedule I drugs like marijuana and certain psychedelics.
The agencies testified at a House Energy and Commerce subcommittee hearing on Thursday, expressing support for the Office of National Drug Control Policy (ONDCP) research plan. While the focus of the meeting was mostly on a controversial move to strictly classify fentanyl-related substances, the Biden administration proposal’s research components would also help address concerns within the scientific community about the difficulty of studying other Schedule I drugs.
DEA said in written testimony that “expanding access to Schedule I research is a critical part of DEA’s mission to protect public safety and health.”
“It is critical that the scientific and medical community study Schedule I substances, as some may turn out to have therapeutic value,” DEA Principal Deputy Administrator Louis Milione said. “DEA supports the administration’s legislative proposal’s expansion of access to Schedule I research. DEA looks forward to continuing to work with the research community and our interagency partners to facilitate Schedule I research.”
In general, what the administration is proposing is to align the research requirements for Schedule I drugs with those of less-restricted Schedule II drugs. Scientists and lawmakers have consistently pointed out that the existing rules for studying Schedule I controlled substances are excessively burdensome, limiting vital research.
Rather than having each scientist involved in a Schedule I drug study obtain DEA registration, ONDCP wants to make it so multiple researchers at a given institution would be allowed to participate under a single registration. The administration also proposed a policy change where a research institute with studies taking place over multiple locations would only require one overall registration instead of needing to have a specific one for each site.
Another change would allow certain researchers to move ahead with conducting their studies after submitting a notification to the Department of Justice instead of waiting for officials to affirmatively sign off on their proposals. ONDCP’s plan would also waive the requirement for additional inspections at research sites in some circumstances and allow researchers to manufacture small amounts of drugs without obtaining separate registrations. The latter component would not allow cultivation of marijuana, however.
“Even experienced researchers have reported that obtaining a new Schedule I registration, adding new substances to an existing registration, or getting approval for research protocol changes is time consuming,” NIDA Director Nora Volkow said in her testimony. “Unlike for Schedule II through V substances, new and amended Schedule I applications are referred by the DEA to the HHS for a review of the protocol and a determination of the qualifications and competency of the investigator.”
“Researchers have reported that sometimes these challenges impact Schedule I research and deter or prevent scientists from pursuing this critical work,” she said.
In an interview last week, Vokow said that even she—the top federal official overseeing drug research—is personally reluctant to conduct studies on Schedule I substances like marijuana because of the “cumbersome” rules that scientists face when investigating them.
When ONDCP first announced its proposed Schedule I policy changes in September, some experts tempered expectations about the practical effects of aligning Schedule I and Schedule II applications. The difference is largely a matter of extra paperwork for the more restrictive category, they contend.
Regardless, several lawmakers who attended Thursday’s subcommittee hearing expressed enthusiasm about the prospects of these policy changes.
“I’m particularly interested in eroding existing barriers of federal law that limit researchers at academic medical centers from studying Schedule I substances,” Rep. Doris Matsui (D-CA) said. “So I’m grateful that our research agencies are working to find effective solutions.”
Rep. Tony Cárdenas (D-CA) also weighed in, saying that “we all agree that the current scheduling classification system has made it very difficult for scientists to research the effects of scheduled compounds, which may have medicinal properties.”
“For example, we know that compounds in marijuana have legitimate and beneficial medical uses, despite it being Schedule I,” he said. “So I’m encouraged to see that efforts are being made to allow researchers to study the effects of various compounds. In this proposal.”
ONDCP’s intent to streamline research into Schedule I drugs has been notable and seems to be part of a theme that developed within the administration.
For example, DEA has repeatedly proposed significant increases in the production of marijuana, psilocybin and other psychedelics for research purposes, with the intent of aiding in the development of new federally approved therapeutic medications.
NIDA’s Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s prior proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
But while the production developments are promising, advocates are still frustrated that these plants and fungi remain in the strictest drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
There has been at least one recent development in the fight to modernize marijuana research. President Joe Biden signed a massive infrastructure bill last month that includes provisions aimed at allowing researchers to study the actual cannabis that consumers are purchasing from state-legal dispensaries instead of having to use only government-grown cannabis.
But that’s just one of numerous research barriers that scientists have identified. A report that NIDA recently submitted to Congress stressed that the Schedule I status of controlled substances like marijuana is preventing or discouraging research into their potential risks and benefits.
A federal appeals court recently dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Meanwhile, DEA has given hemp businesses that sell delta-8 THC products a boost, with representatives making comments recently signaling that, at the federal level at least, it’s not a controlled substance at this time.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Photo courtesy of Brian Shamblen.
Ohio GOP Lawmakers File New Marijuana Legalization Bill
A pair of Ohio Republican lawmakers on Thursday filed a bill to legalize marijuana in the state. The move comes as activists are nearing completion of the first phase of their signature drive for a cannabis legalization initiative.
Reps. Jamie Callender (R) and Ron Ferguson (R) first announced their plan to push the legislative reform proposal in October and circulated a co-sponsorship memo to build support for the measure. Now they’re moving ahead with formal introduction of the “Ohio Adult Use Act.”
The bill would allow adults 21 and older to purchase and possess up to 50 grams of cannabis. They could also grow up to six plants, only three of which could be mature, for personal use.
Gifting up to 25 grams of marijuana between adult consumers without remuneration would also be permitted.
Adult-use cannabis products would be taxed at 10 percent. After covering administrative costs, tax revenue would be distributed as follows: 50 percent to the state general fund, 25 percent to combat illicit drug trafficking and 25 percent for substance misuse treatment programs.
The state Department of Commerce would be responsible for regulating the new adult-use marijuana and existing medical cannabis program and issuing business licenses through a new Division of Marijuana Control.
Regulators would be limited to approving one retail cannabis dispensary license per 60,000 residents in the state up until January 1, 2027. After that point, the department would would be required to review the program on “at least a biennial basis” to see if more licensees are needed.
The legislation does not contain specific provisions to promote social equity by expunging prior cannabis convictions or prioritizing licensing for communities most impacted under prohibition. That’s despite Callender saying in October that there would be a pathway for expungements “for folks that have prior convictions that would be not illegal after the passage of this bill.”
A spokesperson in the lawmaker’s office told Marijuana Moment that while those components weren’t included in this introduced version, “it is still the plan to add any needed language on the subject once we get it to committee.”
“Conversations on modifications are continuing but with Thanksgiving here and the end of the year approaching, we wanted to get the ball rolling with introduction,” he said.
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.
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There is at least one equity-related provision to require regulators to conduct a study prior to issuing adult-use licenses “to determine whether there has been prior discrimination in the issuance of marijuana-related licenses in this state, including whether the effects of marijuana prohibition have contributed to a lack of participation by racial or ethnic minorities in the medical marijuana industry in this state.”
If the study does find evidence of discrimination, the department “shall take necessary and appropriate actions to address and remedy any identified discrimination when issuing licenses.”
Under the bill, employers would still be able to enforce anti-drug policies without accommodating workers who use cannabis in compliance with the state law.
The measure would also expand the amount of acreage that licensed cultivators could use to grow cannabis from what is allowed now under the medical marijuana program.
Further, the legislation includes a section that would have the state formally endorse a congressional bill to deschedule marijuana that’s sponsored by Rep. Dave Joyce (R-OH).
A separate state legalization bill that was the first of its kind to be introduced in the Ohio legislature earlier this year would similarly legalize the possession, sale and cultivation of cannabis by adults. It’s being championed by Reps. Casey Weinstein (D) and Terrence Upchurch (D), and it does include expungement provisions.
A recent legislative survey found that Republican lawmakers in the state are more supportive of legalizing marijuana than their Democratic colleagues are.
But leadership in the legislature, as well as Gov. Mike DeWine (R), will likely present obstacles for any recreational legalization bill that advances.
House Speaker Robert Cupp (R) laughed when he was asked about Callender’s legislation after its initial announcement, though he added, “Let’s just see where it goes. I haven’t read it yet.”
Callender said that although Republican legislative leaders and the governor are not yet on board, “there is more bipartisan support than most people would think.”
Meanwhile, Ohio activists recently said that they would have enough signatures to force the legislature to consider legalizing marijuana by the end of November. And Weinstein said he feels the citizen-led effort could help build momentum for a legislative approach to ending prohibition.
While it’s only been a few months since Ohio officials cleared the campaign to collect signatures for its measure, Coalition to Regulate Marijuana Like Alcohol spokesperson Tom Haren said that the initial wave of signature gathering “will be completed probably about the end of November.” There’s yet to be an announcement as to whether they succeeded in that timeline.
The measure that legislators would then be required to consider would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
Activists must collect 132,887 valid signatures from registered voters for the statutory initiative during this first phase of the effort. If they succeed, the legislature will then have four months to adopt the measure, reject it or adopt an amended version. If lawmakers do not pass the proposal, organizers will then need to collect an additional 132,887 signatures to place the proposal before voters on the ballot in November 2022.
Further demonstrating the appetite for reform in Ohio, voters in seven cities approved ballot measures to decriminalize marijuana possession during last month’s election.
Ohio marijuana activists have also successfully proved that they turned in enough valid signatures to put a local decriminalization initiative before Kent voters after having missed the 2021 ballot due to a verification error on the part of county officials.
Separately, Ohio senators recently filed a bill to expand the state’s medical cannabis program, in party by allowing physicians to recommend marijuana if they “reasonably” believe it could benefit the patient.
Photo courtesy of WeedPornDaily.