Rep. Seth Moulton (D-MA), who is seeking the Democratic Party’s 2020 presidential nomination, filed three House bills concerning medical marijuana for military veterans on Friday. And, in an interview, Moulton said decriminalizing drugs more broadly can have positive effects.
The text of the new legislation has yet to be released, but the short titles are identical to versions of the bills the congressman introduced last year. Here’s what they’d accomplish, according to a press release from Moulton’s office:
“To provide for a Department of Veterans Affairs (VA) policy on medicinal cannabis, and for other purposes.”
This piece of legislation would not only codify into law a current Department of Veterans Affairs (VA) administrative policy that protects veterans from losing their benefits for using cannabis but also require the VA to “prominently” post the policy at their facilities.
“As more veterans turn to medicinal cannabis to more effectively treat their various service- and non-service related injuries, the relationship with their healthcare providers is becoming ever more important,” an earlier summary stated. While the VA has a current policy protecting benefits for veterans who discuss their use of medical marijuana, “not all healthcare providers respond in a standard way and veterans still fear and experience repercussions of some kind.”
“To direct the Secretary of Veterans Affairs to seek to enter into an agreement with a federally funded research and development center to conduct surveys to measure cannabis use by veterans, and for other purposes.”
Moulton filed this bill in order to get the VA to conduct a national survey on how veterans are using cannabis for therapeutic purposes. There are some recent polls showing that about one-in-five veterans use medical marijuana, but those have come from advocacy groups rather than the department itself. The survey would involve veterans and VA health care providers.
“With the growing use of medicinal cannabis among veterans, the VA needs a better understanding of what veterans are doing to self-medicate various conditions,” a previous summary explained.
“To require the Secretary of Veterans Affairs to provide training in the use of medical cannabis for all Department of Veterans Affairs primary care providers, and for other purposes.”
This bill would establish partnerships between the VA and medical schools that offer courses on medical cannabis education for health care providers.
There are numerous colleges throughout the U.S. that are conducting research on cannabis, and a bipartisan group of lawmakers recently asked House leadership to include language shielding those institutions from losing federal funds for studying a controlled substance.
Despite the request, however, the recommended language was not ultimately included in the House education appropriations legislation.
“Veterans want an alternative to opioids, and Congress should support them,” Moulton said in a press release. “Let’s not kid ourselves: people are using marijuana – including our veterans. Rather than ignoring this reality, Congress should let doctors talk with their patients about it, and we should learn more about cannabis so it can be safely used and properly regulated. We have a long road ahead of us until medicinal cannabis is fully-researched and legal, but a few steps now will speed that along. Veterans deserve the best healthcare in the world. This is a step in that direction.”
Moulton and colleagues filed previous versions of the veterans cannabis bills during the last Congress, but they did not receive hearings or votes.
Cosponsoring each of Moulton’s new bills are Reps. Matt Gaetz (R-FL), Darren Soto (D-FL), Hank Johnson (D-GA) and Charlie Crist (D-FL).
“Medical cannabis has tremendous potential for veterans. It can reduce chronic pain, without the harmful side effects of opioids, and some early reports indicate that it may even have potential as a treatment for PTSD,” Gaetz said. “Unfortunately, many veterans fear discussing medical cannabis with their doctors, for fear that their benefits will be jeopardized. I am proud to cosponsor Congressman Moulton’s bills, which will protect veterans’ benefits, and will advance scientific knowledge about medical cannabis. This small step will make a big difference to veterans nationwide.”
The proposals are the latest in a series of legislation focused on medical cannabis and military veterans that have been gaining traction in Congress.
Last month, the House Veterans’ Affairs Subcommittee on Health held a hearing on bills to let VA doctors recommend marijuana to their patients, expand marijuana research at the department and codify a policy protecting veterans from losing their benefits over cannabis use.
Two of those bills were set to get a full committee vote last week, but they were pulled from the agenda after the chairman decided to instead hold a yet-to-be-scheduled hearing focused specifically on the marijuana proposals.
It is not yet known if any of the new bills filed by Moulton will get hearings.
Beyond marijuana reform, Moulton said in an interview with the Boston Globe published on Monday that he supports allowing safe consumption sites for illegal drugs and expressed openness to broader decriminalization.
“There are places we have to strictly enforce drug laws and places we need to liberalize them, but there’s no question that the vast majority of cities and countries that have decriminalized drugs have seen an improvement in their addicted populations,” he said.
A group of prosecutors from major U.S. cities is currently touring Portugal to learn about the nation’s drug decriminalization policy.
After New Mexico Lawmakers Fail To Pass Marijuana Legalization, Governor Says Voters Could Decide
Marijuana legalization failed to happen legislatively in New Mexico this year, but now Gov. Michelle Lujan Grisham (D) says she’s open to letting voters decide on the policy change.
A bill to legalize cannabis in the state advanced through one Senate committee last month, but it was rejected by another with just days left in the legislative session, which ended on Thursday. When lawmakers reconvene in 2021, the governor said it’s possible the legislature will pursue the reform move through a constitutional amendment that would be referred to voters at the ballot box.
Lawmakers would still have to vote in favor of advancing such a proposal to get it on the ballot, but it may be more palatable to some to let voters make the ultimate decision on whether to legalize marijuana in the state.
“We could,” Grisham said on Thursday in response to a question about whether the state could pursue a constitutional amendment to legalize. “I mean, I’m open to any number of pathways.”
She added that brining advocates and experts to the table while crafting a “regulatory design” for a cannabis market is an “incredibly transparent” process, but it also means “you get a lot of questions about how it works.”
“Overwhelmingly in every county, New Mexicans believe that that’s a productive economic path forward,” the governor said. “My job is to keep with them, making the case and trying to the best of our ability to answer any question, deal with any conflicts and to make sure that when we do anything, our expectation is that New Mexico does it the best and that we set aside and move aside by addressing them, any unintended consequences or potential risks.”
Listen to the governor’s remarks on a potential marijuana legalization constitutional amendment below:
“I’ll probably do a little of both, and I have no doubt that the legislators will do that as well,” she said.
A constitutional amendment to legalize marijuana was approved by a Senate committee in 2015, but it did not advance further. It was reintroduced the next year, but it didn’t get a committee vote.
Grisham, who was elected in 2018, has made clear that cannabis reform is a legislative priority, including legalization in her 2020 agenda. She also discussed the need to establish a well-regulated and equitable marijuana market during her State of the State address last month.
The House of Representatives passed a bill in 2019 to legalize marijuana and let state-run stores control most sales. The proposal later advanced through one Senate committee but did not receive a floor vote. Lujan Grisham did sign a more limited bill to simply decriminalize marijuana possession that lawmakers approved during that session, however.
After legalization failed to advance last year, the governor established a working group to study the issue and make recommendations.
Following a series of hearings, the panel released a report in October that said any legalization bill should include automatic expungements of past records and provisions to ensure equity in the industry for communities most impacted by the war on drugs. It also said that home cultivation of marijuana by consumers should either be prohibited or licensed by the state.
In December, the governor’s working group released a poll showing overwhelming public support for cannabis legalization.
Photo courtesy of Mike Latimer.
House Candidate Gives Marijuana To Voters At ‘First-Ever Congressional Weed Party’
“Get your blunt!” Illinois Democratic congressional candidate Anthony Clark tells a voter in a newly released campaign video. “We’re having a pretty dope day party.”
Ahead of the state’s March 21 primary election, Clark, an Air Force veteran and special education teacher in Chicago, has made marijuana a key campaign priority. On Thursday, he released a video shot at what he’s calling the “first ever congressional weed party in Chicago.”
“We just wanted to do something different,” Clark explains in the video. “I feel like we’re all out here in the struggle, we’re all out here living, we’re all out here grinding on a daily fucking basis.”
Clark has said that he first experimented with marijuana in high school but rediscovered it as an adult after being injured in a Seattle shooting. “Weed has literally saved my life. I’m a veteran with PTSD,” Clark says in the video. “It’s time we changed this narrative that exists, eliminate the stigma.”
— Anthony Clark for Congress (@anthonyvclark20) February 20, 2020
Adult-use cannabis sales have been legal in Illinois since January 1.
“We’re gonna celebrate that, but there’s still a ways to go,” Clark tells party attendees, a blunt in one hand and a shot glass in the other. In Illinois, he adds, public funds are still be spent on “jailing street dealers…who are predominantly black and brown in the poor communities.”
Clark’s candor around his own cannabis use appears to have helped his campaign against incumbent Rep. Danny Davis (D), who’s held the seat for the predominantly black district since 1997. Earlier this month, the Chicago Sun-Times endorsed Clark over Davis, saying the district “deserves a representative who is impatient to change the world, which might be Clark’s best trait.”
In a separate campaign video released in November, Clark smoked marijuana on camera and said he’s transparent about his cannabis consumption because “if we really want to make change and we have a platform, you just have to be courageous with your platform.”
“I think I have to be just as open about my cannabis use because lying to individuals, I think, plays a direct role in enabling status quo, in enabling the oppressors, the top one percent, to remain,” he added.
Support candidate with a donation today fighting for:
✅ Auto vacate & expungements
✅ jobs & economic growth
✅ Expand medical & hemp
✅ End work discrimination
✅ Black, Brown, women, 🏳️🌈 owners/investors
— Anthony Clark for Congress (@anthonyvclark20) November 22, 2019
Some supporters say it was Clark’s bold stance on cannabis that first got them involved in the campaign. “I first heard about Anthony Clark on Facebook,” one supporter, identified as Miriam, says in the new video, “and I seen him and a group of three people smoking a blunt.”
“It’s ending the stigma,” she says. “It’s ending the harsh stigma.”
Clark ran for the same congressional seat two years ago. He earned 26% of the primary vote but lost to incumbent Davis, who has generally supported cannabis amendments in Congress but hasn’t made the issue a key focus for his office. This year observers expect the challenger to do even better on primary day.
Much has changed in the state since 2018, after all, especially around cannabis. Last year Illinois became the first U.S. state to legalize adult-use sales through its legislature, and state officials so far have been broadly supportive. A day before marijuana became legal, Gov. J.B. Pritzker (D), who made legalization a part of his own election campaign, pardoned more than 11,000 people with low-level cannabis convictions. When stores opened, Lt. Gov. Juliana Stratton (D) was one of the first in line to buy edibles.
At his State of the State address last month, the governor said legalization “gives us a chance to collect tax revenue from the residents of Wisconsin, Missouri, Iowa and Indiana” and provides “a second chance to hundreds of thousands of people who had a low level cannabis conviction or arrest on their record.”
Licensed marijuana stores in Illinois sold $40 million worth of recreational marijuana products during the first month of legal sales. State officials say $8.6 million of that came from out-of-state cannabis tourists.
Photo courtesy of Facebook/Anthony Clark
Federal Reserve Sends Reminder That Hemp Businesses Can Get Bank Accounts
A Federal Reserve Bank district is making clear that financial institutions no longer have to automatically treat hemp businesses as suspicious under reporting rules.
In a post on the St. Louis Federal Reserve Bank website, the institution clarified that since hemp was federally legalized under the 2018 Farm Bill, banks no longer have to file suspicious activity reports just because a business transaction involves the crop.
“Properly licensed industrial hemp producers can now be treated the same as other bank commercial customers for anti-money-laundering regulatory purposes,” the notice published this month states.
However, it reiterated that marijuana transactions will continue to be flagged, as the intoxicating variety of the cannabis plant remains federally prohibited.
“Unlike marijuana, hemp contains very low levels of tetrahydrocannabinol (THC), the chemical that causes an altered state when ingested or smoked. Hemp that contains less than 0.3 percent THC is considered legal,” Carl White, the senior vice president of the Supervision, Credit, Community Development and Learning Innovation Division at the Fed district, wrote. “The legal marijuana business is not affected by the change in status for hemp production, because marijuana is still considered a controlled substance under federal law.”
Despite the change in the legal treatment of hemp, many bankers have been reluctant to work with the industry because of regulatory concerns https://t.co/MqCkZ4PL1c
— St. Louis Fed (@stlouisfed) February 14, 2020
But as others have recognized, the central bank district said that despite “the change in the legal treatment of hemp, many bankers have been reluctant to work with the industry because of regulatory concerns.”
To that end, the the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency and the Financial Crimes Enforcement Network (FinCEN) issued guidance last year clarifying that “banks are not required to file a Suspicious Activity Report (SAR) on customers solely because they are engaged in the growth or cultivation of hemp in accordance with applicable laws and regulations.”
Even so, it is apparent that some financial institutions remain reluctant to bank hemp businesses, and so the Fed is seeking to put them at ease with the new explanatory post.
“The main takeaway from the regulators’ statement is that banks no longer need to automatically fill out Suspicious Activity Reports (SARs) when working with a hemp producer customer because hemp production has been legalized,” the St. Louis-based bank said in the new post. “They can follow standard procedure and file a SAR if suspicious activity warrants.”
“Bankers with questions about the 2018 farm bill and hemp can contact the USDA, state agriculture departments or tribal governments. Because the U.S. Food and Drug Administration retains some regulatory authority over hemp products, banks can contact that agency with questions about hemp-related food, drugs or cosmetics.”
The post notes that “banks should be looking out for additional guidance” on federal hemp rules from financial regulators. It’s not clear when that will be issued, however.
While marijuana policies remain complicated given federal prohibition, there is significant interest among Federal Reserve Bank districts in ensuring that those rules are clarified as well. The presidents of three such institutions called for guidance on marijuana banking last year.
The Federal Reserve Bank Of Kansas City also recently issued a report on Colorado’s cannabis market and determined that it would continue to grow as support for legalization rises, though it may not grow as fast as it initially did immediately following legalization.
Photo courtesy of Pixabay.