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Prohibition Blocks Feds From Requiring Marijuana Warning Labels, Trump Cabinet Official Admits

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Federal health officials say that want to warn people about the risks of using marijuana, but prohibition prevents them from using a basic tool—warning labels on products—to achieve that.

Hours after the surgeon general issued an advisory expressing concern about cannabis use among adolescents and pregnant women, Health and Human Services (HHS) Secretary Alex Azar discussed the announcement in an interview with Fox Business News.

“What we’re doing is making sure that adolescents, that pregnant women and the doctors and teachers and parents who care for them are aware of the grave risks to them of marijuana use,” he said.

“Is that warning labels?” the host asked, referring to a regulatory instrument that’s been used to warn people about the dangers of using tobacco products for more than 50 years.

“Well, because of course there’s no such thing as legal marijuana in the United States—it is against federal law—there’s also no labeling regime for illegal products,” Azar said. “This is about public health education at this point.”

He also emphasized that HHS is “the public health agency, not the law enforcement or marijuana regulating agency.”

While the public education campaign that HHS is backing, with $100,000 that was donated from the President Donald Trump’s salary, will fund digital advertisements to get their message out, it stands to reason that including warning labels that would be seen by consumers at the point of sale could have a broader and more lasting impact.

“This obviously is why we need to finish the reform of our outdated marijuana laws at the federal level. We need to allow research, we need to regulate and enforce more realistic marijuana laws to protect young people and stamp out the black market,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment. “The sooner we recognize that cannabis is reform is inevitable, the sooner that doctors and patients will have the full scope of information at their disposal to find adequate care.”

Legalization advocates agreed that Azar’s comments highlighted the need for federal reform.

“Despite a lot of misinformation and selective analysis being promoted by the surgeon general and HHS today, pretty much everything they said has bolstered the case for making cannabis legal and regulated at the federal level,” Morgan Fox, media relations director for the National Cannabis Industry Association, told Marijuana Moment. “Research, honest fact-based education, and effective public health resource allocation are all stymied by prohibition.”

“Keeping cannabis illegal does nothing to decrease the availability or popularity of this relatively safe substance, and discouraging states—as well as federal lawmakers—from regulating cannabis is the antithesis of a public health-oriented solution to potentially problematic consumption in any demographic,” Fox said. “If we want robust education and labeling, we need to get cannabis out of the illicit market and stop wasting federal resources on failed scare tactics.”

Don Murphy, federal policies director for the Marijuana Policy Project said that Azar “made a contorted statement for ending federal prohibition in support of regulation and labeling to better protect children and pregnant women from marijuana.”

“If that’s what he meant, we applaud him and look forward to his clarification and action to that end in the future,” he said.

Azar’s admission that health officials have their hands tied to that end is another example of how the federal government’s prohibition of marijuana undermines its ability to protect consumers.

The same dilemma prevents federal regulatory bodies such as the Food and Drug Administration and Environmental Protection Agency from developing and enforcing quality control standards for cannabis products, a report published in a federally funded journal last week determined.

“States have had to determine on their own how to protect millions of cannabis users [from dangerous contaminants], and they have come up with widely varying responses,” the article states. “The result is an uncertain and occasionally incoherent regulatory landscape.”

Federal officials are also facing criticism amid a spate of lung injuries that seem to be linked to vaping unregulated THC oil. Experts suspect that a contaminated batch was introduced into the illegal market, but because marijuana is federally prohibited, the federal response to the health crisis has been confused.

Marijuana labeling requirements represent another issue that’s had to be decided at the state level. Several states that have legalized cannabis, including California, require marijuana products to be labeled so that consumers are reminded that it’s for adults 21 and older only and that using cannabis while pregnant or breastfeeding “may be harmful.”

Not every legal state mandates such labeling, though, which is where some federal regulations could come into play if it weren’t for existing drug laws.

Surgeon General Issues Anti-Marijuana Warning Funded By Trump Salary Donation

This piece has been updated to include comment from Blumenauer.

Photo courtesy of Fox Business News.

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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Kamala Harris Touts ‘Commitment’ To Marijuana Decriminalization And Expungements Under Biden Administration

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Democratic vice presidential nominee Kamala Harris (D-CA) again pledged in a new interview that decriminalizing marijuana would be an administrative priority if she and Joe Biden are elected.

Speaking to The Grio on Saturday, the senator discussed the would-be Democratic administration’s criminal justice agenda, contrasting it with that of President Donald Trump. She reiterated the cannabis reform would be among their policy goals.

“We have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses,” Harris said. “When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits.”

Watch Harris discuss criminal justice and marijuana reform, starting around 12:00 into the video below: 

While reform advocates have appreciated the senator’s repeated calls for cannabis reform on the campaign trail, they’ve taken issue with her tendency to refer to the drug war in the past tense—as she did here by talking about the impact the policy “had”—as though those prosecutions and enforcement disparities haven’t persisted.

In fact, recently released FBI data shows that there were 1,558,862 drug-related arrests in the U.S. last year, about a third of which were for marijuana. That amounts to a new drug bust every 20 seconds on average.

There’s also some frustration that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization—a policy not supported by the former vice president despite its popularity among Democrats.

Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.

In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”

In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.

Top Senate Democrat Includes Marijuana Banking Protections In New Coronavirus Relief Bill

Photo element courtesy of California Attorney General’s Office.

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Top Senate Democrat Includes Marijuana Banking Protections In New Coronavirus Relief Bill

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The top Democrat in the Senate introduced a coronavirus relief bill on Monday that contains provisions to protect banks that service state-legal marijuana businesses from being penalized by federal regulators.

As Congress and the White House continue to negotiate details of a potential COVID-19 relief deal, Senate Minority Leader Chuck Schumer (D-NY) seemed to take a page from a recently passed House version that also includes language of the Secure and Fair Enforcement (SAFE) Banking Act.

It’s unclear whether the Trump administration or Republican-controlled Senate will be amenable to including cannabis provisions in any package that has a chance of being enacted, but advocates view Schumer’s move in the meantime as a positive signal that Democrats will continue to press the issue.

If lawmakers hope to pass the next round of coronavirus relief ahead of the election, Tuesday appears to be the last opportunity to strike a deal. House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin have been actively attempting to find common ground on COVID-19 aid, but it remains to be seen whether they will reach an agreement that can be approved by both chambers and signed by the president.

The cannabis banking language has twice appeared in House-passed COVID-19 proposals, and the chamber has approved it both times. That said, it hasn’t advanced without controversy, as multiple Republican lawmakers and White House officials have criticized its inclusion, arguing that it is not germane to the issue at hand.

Senate Majority Leader Mitch McConnell (R-KY) in particular has been a vocal opponent of the measure, though he’s largely tailored his criticism to certain provisions of the SAFE Banking Act that require industry diversity reporting.

Democrats and reform advocates have defended adding the marijuana-related components to a coronavirus bill, stressing that it would mitigate the spread of the virus by giving cannabis businesses access to the banking system and minimizing cash-only transactions. It could would also increase access to financial institutions in a way that could give small businesses access to needed capital, they say.

Senate Republicans did not add cannabis banking language to their own version of COVID relief legislation filed in July.

But Democratic leaders in both chambers are evidently willing to keep up the fight, and the House even highlighted the diversity component in a summary of its legislation. House Speaker Nancy Pelosi (D-CA) said in July that she agrees that the banking measure is an appropriate component of the bill.

In July, bipartisan treasurers from 15 states and one territory sent a letter to congressional leadership, urging the inclusion of the SAFE Banking Act in any COVID-19 legislation that’s sent to the president’s desk. Following GOP attacks on the House proposal, a group of Democratic state treasurers renewed that call.

The House last year approved the standalone SAFE Banking Act. For months, the legislation has gone without action in the Senate Banking Committee, where negotiations have been ongoing.

Where the newly filed Senate COVID-19 bill goes from here is uncertain—but its introduction gives some reason to believe that Schumer sees a potential path forward. It also signals that the cannabis issue, including broader legislation to end federal prohibition, is poised to advance in 2021 if Democrats win control of the chamber in next month’s elections.

Pelosi has said that she will decide by the end of Tuesday whether the negotiations with the Trump administration can lead to a relief package that could be passed before Election Day.

Marijuana Legalization In Texas Would Generate Billions In Tax Revenue, New Economic Analysis Shows

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Marijuana Legalization In Texas Would Generate Billions In Tax Revenue, New Economic Analysis Shows

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Texas stands to generate billions of dollars in marijuana tax revenue and create tens of thousands of jobs if the plant is legalized, according to a new economic analysis.

While the legislature has been resistant to pursue the policy change, the report from Vicente Sederberg LLP makes a compelling case for legalizing and regulating cannabis sales in the state, at least from an economic perspective.

It finds that, given the estimated adult-use marijuana market, there would be $2.7 billion in cannabis sales annually in Texas. And if the state followed Colorado’s tax model, it could bring in more than $1.1 billion in marijuana tax dollars per biennium.

Further, the comparative analysis projects that 20,000-40,000 jobs would be directly created in the legal industry, in addition to ancillary positions for “contractors and construction firms, electrical and water service providers, HVAC manufacturers and installers, processing equipment producers and retailers, and other professionals.”

“We also expect it would bolster the hospitality industry, which would benefit communities that rely on tourism; especially those that have recently been severely impacted by the novel coronavirus, such as San Antonio, Houston, and Corpus Christi,” the report states.

Beyond tax revenue from cannabis sales, Texas could also see an extra $10 million annually if business licensing fees are set at $5,000.

“In addition to generating revenue and creating jobs, regulating cannabis for adult use would also realize significant criminal justice savings,” the report says, adding that Texas would save an estimated $311 million per year in criminal justice resources if marijuana was legalized.

“States across the country are seeing the benefits of legalizing and regulating cannabis,” Shawn Hauser, a partner at Vicente Sederberg, said in a press release. “It is inspiring lawmakers in prohibition states to reexamine the efficacy and costs of their current policies and take a closer look at the alternatives.”

“A regulated cannabis market would be an economic boon for the Lonestar State,” she said. “Hundreds of millions of dollars in new tax revenue and tens of thousands of new jobs would be especially helpful in overcoming the losses stemming from the COVID-19 pandemic. Texas is leaving an enormous amount of money on the table by keeping cannabis illegal.”

Marijuana reform could also potentially clear up regulatory complications that have resulted from the state’s legalization of the plant’s non-intoxicating cousin, hemp.

Because the crops are virtually indistinguishable, it appears that hemp’s new legal status has made it difficult for police to determine whether a given seized substance is allowable hemp or still-illegal marijuana, and that has led to fewer cannabis cases overall.

Prosecutors have dismissed hundreds of low-level cannabis cases since hemp was legalized. And state officials announced in February that labs wouldn’t be performing testing in misdemeanor cases, with the Texas Department of Public Safety saying it “will not have the capacity to accept those.”

Marijuana possession arrests fell almost 30 percent in Texas from 2018 to 2019, according to state data released last month.

The Texas House speaker in July acknowledged that legalizing cannabis could help resolve the state’s budget shortfall—but he doesn’t support the policy change regardless.

“Repealing marijuana prohibition and replacing it with a reasonably regulated market is a win-win for Texas,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “Even with modest taxation, legal cannabis for adult use would bring in much needed revenue and free up valuable public safety resources.”

“Considering our projected budget shortfall, Texas lawmakers should consider this a big opportunity for our pro-business state,” she said. “The people of Texas will also benefit when we are no longer saddling responsible cannabis consumers with criminal records that often keep them from accessing education and employment.”

Last year, the House voted to approve a decriminalization bill that would’ve made possession of one ounce or less of cannabis punishable by a $500 fine and no jail time, but it failed to advance to a Senate floor vote by the end of the session.

Meanwhile, the state’s Department of State Health Services attempted to impose a ban on the sale of smokeable hemp, but they were sued and a judge gave the plaintiffs a procedural victory in July, temporarily lifting the prohibition. The judge said last month that the ban can’t be enforced until the case is heard in court in 2021.

Read Vicente Sederberg’s report on the economic impact of legalization in Texas below: 

Economic Benefits of Regula… by Marijuana Moment

Legalizing Marijuana Is Risky, Trump-Appointed Prosecutor Warns Montana Voters Ahead Of Election

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