Connect with us

Politics

Reconsider Firing Workers For Marijuana, Congress Tells Federal Agencies

Published

on

A key House committee has released a series reports for spending bills that include a wide range of marijuana-related provisions.

In directing federal agencies to reconsider firing federal workers for state-legal consumption, promote research into cannabis and fund CBD regulations, the reports make clear that marijuana has become a mainstream issue that congressional leadership is becoming more comfortable addressing in high-profile legislative documents.

The House Appropriations Committee directives are attached to spending bills that also contain legislative reform provisions, including previously reported proposals to protect state medical marijuana laws from federal interference and shield banks from being punished for working with cannabis businesses.

Here’s a look at the new report language that’s attached to appropriations legislation:

Marijuana use by federal employees

The Financial Services and General Government spending bill report directs the Office of Personnel Management to “review its policies and guidelines regarding hiring and firing of individuals who use marijuana in States” where cannabis is legal.

“Hiring Guidelines.—The Committee encourages OPM to review its policies and guidelines regarding hiring and firing of individuals who use marijuana in States where that individual’s private use of marijuana is not prohibited under the law of the State. These policies should reflect changes to the law on marijuana usage and clearly state the impact of marijuana usage on Federal employment.”

Marijuana research

The report attached to the Labor, Health and Human Services, Education, and Related Agencies funding bill features a number of marijuana research provisions, including calling on the National Institutes of Health (NIH) to develop “a multipronged strategy wherein basic and clinical scientists and public health specialists work together to address the opportunities and challenges of cannabis in a comprehensive manner.”

“Cannabis Research.—NIH currently supports a diverse portfolio of research on cannabinoids and the endocannabinoid system, yet this research support typically relies on narrowly tailored program announcements and grants rather than a multipronged strategy wherein basic and clinical scientists and public health specialists work together to address the opportunities and challenges of cannabis in a comprehensive manner. The Committee encourages NIDA to continue supporting a full range of research on the health effects of marijuana and its components, including research to understand how marijuana policies affect public health, to help inform marijuana policymaking in States.”

Members also made a recommendation to provide protections for universities that conduct research into cannabis, noting the significant public interest in such studies.

“Protecting Scientific Research on Marihuana.—Through scientific research, institutions of higher education advance our understanding and knowledge of various aspects of our world. Moreover, when in the public interest, such institutions should be able to conduct such research without fear of reprisal or loss of Federal funding. This includes research on cannabis, a Schedule I controlled substance under the Controlled Substances Act. As more States and localities move to legalize cannabis, many institutions of higher education are expanding the knowledge-base on this controlled substance. As a result, the Committee notes that such research is in the public interest, and the recommendation includes new bill language prohibiting the Department from penalizing institutions of higher education that conduct scientific research on marihuana.”

The committee directed that $1 million should be appropriated for research into natural alternatives to opioids such as kratom and CBD, noting that the “wide availability and increased use of these substances” makes it “imperative to know more about potential risks or benefits, and whether or not they can have a role in finding new and effective non-opioid methods to treat pain.”

“Kratom.—The Committee notes that little research has been done to date on natural products that are used by many to treat pain in place of opioids. These natural plants and substances include kratom and cannabidiol (CBD). Given the wide availability and increased use of these substances, it is imperative to know more about potential risks or benefits, and whether or not they can have a role in finding new and effective non-opioid methods to treat pain. The Committee recommends $1,000,000 for this research, an increase of $500,000 above the fiscal year 2020 enacted level, and encourages AHRQ to make center-based grants to address research which will lead to clinical trials in geographic regions which are among the hardest hit by the opioid crisis.”

In a section concerning opioid overdose prevention, legislators wrote that the Centers for Disease Control and Prevention (CDC) should continue its work while also investigating misuse of other substances, including stimulants and cannabis.

“Opioid Abuse and Overdose Prevention.—The Committee commends CDC for its leadership on combating opioid drug overdoses. The Committee encourages the Director to continue to implement these activities based on population-adjusted burden of disease criteria, including mortality data (age adjusted rate), as significant criteria when distributing funds for overdose prevention activities. The Committee recognizes that the substance misuse epidemic is shifting, with an increase in overdoses resulting from stimulants and other substances. The Committee urges for CDC to monitor, prevent, and reduce harms associated with drug use, misuse, and overdose, including opioids, stimulants, cannabis, and other emerging risks. The Committee appreciates efforts by CDC to ensure that funding for opioid abuse and overdose prevention reaches local communities to advance local understanding of the opioid overdose epidemic and to scale-up prevention and response activities as intended by Congress.”

Military veterans and cannabis issues

Like last year, the panel noted in a report attached to the Military Construction, Veterans Affairs and Related Agencies spending bill that veterans have been denied home loan benefits from the U.S. Department of Veterans Affairs (VA) due to their work in the state-legal marijuana market. However, the department told Congress last month that it does not have a policy on the books stipulating that such employment renders veterans ineligible on its own; rather, it blamed conflicting state and federal laws for creating risk that makes it less likely for those in the industry to be eligible under the rules of private lenders.

The committee said it now wants VA to “improve communication with eligible lending institutions to reduce confusion among lenders and borrowers on this matter.”

“Home Loan Income Verification.—The Committee is aware of the Department’s denial of home loan guarantees to Veterans solely on the basis of the Veteran’s documented income being derived from state-legalized cannabis activities, and has previously expressed concern that confusion on this issue hinders Veterans’ ability to fully understand and consider how employment decisions could affect future eligibility for earned benefits. The Committee understands that as directed by House Report 116–63, VA has clarified that nothing in VA statutes or regulations specifically prohibits a Veteran whose income is derived from state-legalized cannabis activities from obtaining a certificate of eligibility for VA home loan benefits. The Committee directs the VA to improve communication with eligible lending institutions to reduce confusion among lenders and borrowers on this matter.”

The spending bill report also requests an update on a congressionally mandated marijuana research project.

“Cannabis Research.—The Committee requests an update on the status of the study on cannabis research, as described in House Report 116–63.”

Hemp research and regulations

In the report attached to the Agriculture, Rural Development, Food and Drug Administration and Related Agencies spending bill, the committee said it’s aware of difficulties hemp farmers face in ensuring their crops do not contain excess concentrations of THC and recognizes “that these challenges are exacerbated by lack of information, best practices, and tools to control the hemp content of THC.” To that end, it directs the U.S. Department of Agriculture (USDA) to issues report to Congress with data on crops having to be destroyed due to excess potency.

“Hemp.—The Committee is aware of the difficulty farmers face in trying to control the legal tetrahydrocannabinol (THC) content of their hemp. The Committee recognizes that these challenges are exacerbated by lack of information, best practices, and tools to control the hemp content of THC. The Committee directs USDA to report to Congress on the number of acres of hemp, by state that have been required to be destroyed because the crop exceeds the limit 0.3 percent THC content; the number of producers, by state, who are found to have a negligent violation of the 0.3 percent limit; and the total number, by state, of producers whose hemp has been tested for THC.”

Another provision of the report states that USDA should conduct “genomics and bioinformatics” studies into hemp in order to identify “the genetic control of key production and product quality traits” of the crop. 

“Hemp Whole-Genome Bioinformatics.—The Committee encourages ARS to conduct genomics and bioinformatics research in collaboration with capable institutions to elucidate the genetic control of key production and product quality traits of the hemp plant. In addition, the Committee also encourages ARS to partner with institutions already engaged in such research to conduct hemp genetic improvement research and breeding with new breeding and editing techniques.”

Due to the increasing demand for hemp products, members called for $1.5 million in additional funding “to maintain the hemp germplasm repository.” They’re also seeking to appropriate about $41 million for a variety of initiatives including one concerning cannabis and cannabinoids.

“Industrial Hemp Germplasm.—The Committee recognizes the increasing demand for industrial hemp for a variety of uses and its growing importance as a crop for U.S. farmers. The Committee provides an additional $1,500,000 above the fiscal year 2020 level to maintain the hemp germplasm repository.”

“The Committee recommendation includes a net increase of $40,828,000, including increases for the following programs or initiatives: Strengthening Response Capabilities for Foodborne Outbreaks; Cannabis and Cannabis Derivatives; Artificial Intelligence and Other Emerging Technologies; Transform Medical Device Safety, Cybersecurity, Review, and Innovation; Compounding; and Modernizing Influenza Vaccines.”

Further, the report stipulates that USDA should adhere to the intent of Congress and make sure that hemp businesses are eligible for all competitive grant programs that are available to farmers and producers of other crops.

“Industrial Hemp.—The intent of Congress in Public Law 115–334 was for industrial hemp to be eligible for all USDA programs, including Rural Development. Industrial hemp can significantly benefit struggling rural economies. The Committee encourages Rural Development to ensure that industrial hemp is eligible for all competitive grant programs.”

And finally, the panel said that another $5 million should be made available to the Food and Drug Administration (FDA) for CBD enforcement and to develop regulations to permit the substance’s lawful marketing in the food supply or as a dietary supplement.

“Cannabidiol Enforcement.—The Committee provides an increase of $5,000,000 for enforcing the law to protect patients and the public while also providing a potential regulatory pathway for cannabis and cannabis derived products. The Committee maintains its concern about the proliferation of foods and dietary supplements marketed in violation of the Federal Food, Drug and Cosmetic Act (FFDCA), including products containing cannabis and cannabis-derived ingredients. Non-FFDCA-compliant products continue to pose potential health and safety risks to consumers through unsubstantiated and misleading claims such as treating a wide-range of life-threatening diseases and conditions. The Committee expects the FDA to continue to prioritize consumer-safety through application of the law.”

Curbing illegal marijuana grows on public land

Lawmakers again emphasized in the report for the Interior, Environment, and Related Agencies bill that they’re aware of illegal marijuana cultivation on public lands in California and said that these “activities harmfully impact the public, water, soil, and wildlife.”

“MARIJUANA ON PUBLIC LANDS – The Committee is aware that trespassers illegally grow marijuana on public lands in California. These unlawful activities harmfully impact the public, water, soil, and wildlife. The Committee supports Forest Service efforts to develop tools to detect and eradicate grow sites. The Committee directs the Forest Service and Bureau of Land Management to continue to cooperate with state, local and tribal governments on survey, reclamation, and prevention efforts to the maximum extent possible.”

Addressing marijuana-impaired driving

The Commerce, Justice, Science, and Related Agencies report alleges that instances of impaired driving have “spiked” in states that have legalized marijuana and says it wants the Justice Department to “assist states in identifying detection technologies that show promise in identifying drivers impaired by marijuana.”

“Marijuana-Impaired Drivers.—With the proliferation of state laws legalizing recreational and medical marijuana, the incidence rate of impaired driving has spiked. The Committee encourages the Department to assist states in identifying detection technologies that show promise in identifying drivers impaired by marijuana.”

In the Transportation, and Housing and Urban Development, and Related Agencies bill report, the committee also addresses impaired driving issues, saying it remains “concerned with the growing problem of people driving under the influence of one or multiple substances, including marijuana and opioids” and urges federal coordination to develop technologies that can detect active impairment from cannabis. The panel recognizes that doing so will likely not be achievable in the short-term, and so it mandates continued support for drug recognition expert training in the interim.

“Drug-impaired driving.—The Committee remains concerned with the growing problem of people driving under the influence of one or multiple substances, including marijuana and opioids. The Committee supports the goal of developing a reliable standard for all types of impaired driving and urges NHTSA to coordinate research efforts with states and other partners. At the same time, the Committee recognizes that developing a standard measurement of marijuana impairment, similar to blood alcohol concentration (BAC), remains unlikely in the near term. The Committee directs NHTSA to continue to robustly support Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training and to prioritize the study and development of a standardized field sobriety test (SFST) to detect marijuana impairment.

“The Committee directs NHTSA to work with the Department of Justice, the Department of Health and Human Services, and the Department of Commerce to ensure that state highway safety offices and state law enforcement have the most up-to-date information from the Federal government on detecting impaired driving including an inventory of available technologies to detect recent drug use such as oral fluid technologies. In order to increase the safety of the transportation network by reducing drug-impaired driving, the Committee directs NHTSA to work with states to determine their toxicology testing and funding needs and to provide states with flexibility in how they use impaired driving countermeasures grants, including, but not limited to, assistance with state toxicology labs.”

White House Completes Review Of CBD Guidance From FDA

Photo courtesy of Brian Shamblen.

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.

Politics

Maryland Lawmakers Must Override Governor’s Drug Paraphernalia Decriminalization Veto (Op-Ed)

Published

on

“Criminalization, marginalization, isolation, injury and death are all part of a largely preventable cycle of harm.”

By Scott Cecil, Maryland Matters

The writer is a regional ambassador of the Baltimore Harm Reduction Coalition.

At the urging of public health professionals and harm reduction advocates during the 2021 session, the Maryland legislature approved Senate Bill 420 decriminalizing the possession of drug paraphernalia. Gov. Larry Hogan’s (R) decision to veto that bill flies in the face of the expertise of those same public health professionals and harm reduction advocates.

His action constitutes a failure to meaningfully respond to the calls to abolish hyper-criminalization in policing, reimagine public safety in our society and address the crisis of accidental fatal drug overdoses in Maryland.

Because of the veto, in Maryland, the tools which may be used to consume drugs will continue to be illegal to possess and use. This makes them scarcer and encourages people to share them with others, putting them at an elevated risk of contracting bloodborne illnesses and disease such as hepatitis and HIV.

Criminalization of paraphernalia is dangerous for all Marylanders, including those who do not use illicit substances, because it increases the likelihood that the public at large and law enforcement personnel can be directly harmed. Under continued paraphernalia criminalization, people who use drugs will continue to be reluctant to hold onto their supplies due to the fear that the police will use possession of these items as a means to search and arrest them.

With the threat of having to interact with law enforcement personnel, drug users are more likely to dispose of paraphernalia in public spaces. Paraphernalia criminalization laws also put law enforcement personnel at greater risk because they are more likely to be endangered by hidden supplies when interacting with or conducting a search of someone’s body or belongings.

Prohibitive drug paraphernalia laws are ostensibly intended to discourage both drug use and the availability of paraphernalia. Decades of the so-called War on Drugs has shown us that aggressive enforcement and criminalization of drug use have not reduced the rate of drug use in our society nor the availability of drug paraphernalia.

Meanwhile, the rates of infectious diseases and accidental fatal overdose deaths among drug users have surged. Last year, more than 93,000 Americans (including approximately 2,800 people in Maryland) died of accidental fatal drug overdoses.

Decriminalization or paraphernalia is rooted in the harm reduction principle of equipping people to use drugs more safely.

This is positive for everyone in the community—including law enforcement agents, by stemming the spread of infectious disease and lifting the stigma which so dangerously isolates people who use drugs.

By contrast, criminalization, and perceived suspicion of criminal activity—like illicit drug use—is far too often used as a means for law enforcement personnel to target historically marginalized groups, such as people living with mental illnesses and people who are surviving without access to housing. These folks are more likely to be suffering from substance use disorders, thereby placing them at extremely elevated risk of injury or death from drug use.

Criminalization, marginalization, isolation, injury and death are all part of a largely preventable cycle of harm. And criminalization is perhaps the only part of that cycle which can be meaningfully and quickly addressed by public policy and law.

The Maryland legislature understood this when they passed SB420 into law earlier this year. It is unfortunate that Gov. Hogan has failed to acknowledge this reality.

His statement on the veto demonstrates that he either lacks a sufficient understanding of the expertise of public health professionals and harm reduction advocates, or that his decision making on this issue has been clouded by outdated, misleading or simply false drug-warrior misinformation.

It is now up to the Maryland legislature to override his veto.

Maryland must be led down a path which has the greatest chances of success for reducing the risks associated with drug use for all Marylanders (including those who do not use illicit drugs) and stemming the tide of accidental fatal overdoses in Maryland which have reached catastrophic proportions.

This content was republished with permission from Maryland Matters.

Sign up today for the Maryland Matters Memo, a news roundup delivered to your inbox every day—free.

Pennsylvania’s Lieutenant Governor Wants To Process As Many Marijuana Pardons As Possible Before Leaving Office

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.
Continue Reading

Politics

Pennsylvania’s Lieutenant Governor Wants To Process As Many Marijuana Pardons As Possible Before Leaving Office

Published

on

The lieutenant governor of Pennsylvania is stepping up his push to get marijuana records cleared, promoting an expedited petition program that he hopes will provide relief to thousands of people negatively impacted by prohibition.

In an interview with KDKA that aired last week, Lt. Gov. John Fetterman (D) said one of his key goals in his final year in office is to ensure that as many eligible people as possible submit applications to have the courts remove their cannabis records and restore opportunities to things like housing, student financial aid and employment.

“I’m a fervent believer in second chances. And one of the things I quickly discovered was that people’s lives were just being ruined by these silly charges, and you have all this unnecessary review [to seal records],” Fetterman, who chairs the state Board of Pardons, said.

“This is a plant that’s legal in many jurisdictions across America, and it’s not a big deal, but you go through your life in many cases a convicted felon, and that excludes you from a lot of opportunities,” he said. “So I developed an expedited review process that I encourage everybody to partake in.”

There are about 20,000 marijuana-related cases in Pennsylvania each year, he said. And some eligible cases go back decades, including one case that recently went through the petition process where a man had a felony conviction on his record for possession of eight ounces of cannabis that dates back to 1975.

“If you’ve got some stupid charge like that on your record, it doesn’t cost anything to apply, and we can get that off your your permanent record,” the lieutenant governor said. “I don’t care how conservative or how liberal you are politically. I don’t think we as a society should be really damaging people’s future for consuming a plant that is now legal in many jurisdictions—and soon will be in Pennsylvania.”

While both Fetterman and Gov. Tom Wolf (D) support mass expungements of cannabis convictions, he said that, right now, this is “the only way to free records.”

But the official is optimistic about the prospect of future reform to both legalize marijuana in the state and provide an even more effective process to get past convictions sealed. He pointed to a legalization bill that was recently filed by a Republican lawmaker as an example of the “evolution towards this” and described the legislation’s introduction as “a quantum leap in acknowledging it.”

For now, however, he’s doing what he can to raise awareness about the expedited petition program under the Pennsylvania Board of Pardons. People with non-violent marijuana convictions can apply for free on the board’s website.

“I’m lieutenant governor for a little over a year, and we want to get as many people free of these silly convictions and charges that are holding the record back,” Fetterman said. “The application doesn’t cost anything. You don’t need an attorney. And our turnaround time is, right now, down to three to four months.”

In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marked his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses.

Meanwhile in Pennsylvania, a lawmaker introduced a bill last month to expand the number of medical marijuana cultivators in the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations that’s created supply problems.

Separately, bipartisan Pennsylvania senators said this month that they are introducing a bill to allow medical marijuana patients to cultivate their own plants for personal use.

A much-anticipated bipartisan Senate bill to legalize marijuana in Pennsylvania that has been months in the making was formally introduced last month.

Sens. Dan Laughlin (R) and Sharif Street (D) unveiled the nearly 240-page legislation months after first outlining some key details back in February. It would allow adults 21 and older to purchase and possess up to 30 grams of cannabis, five grams of marijuana concentrate products and 500 milligrams of THC contained in cannabis-infused products.

Meanwhile, Rep. Amen Brown (D) recently announced his intent to file a reform bill that he’ll be working on with Sen. Mike Regan (R), who expressed his support for the policy change a day earlier.

Additionally, a separate pair of state lawmakers—Reps. Jake Wheatley (D) and Dan Frankel (D)—formally unveiled a legalization bill they’re proposing.

While each measure generally seeks and end to marijuana criminalization by creating a regulated, commercial model for cannabis, there are some provisions that make each piece of legislation unique. For example, the proposals vary in how they would approach taxes, revenue and social equity.

While these recent moves to enact reform in the GOP-controlled legislature are encouraging to advocates, a spokesperson for House Majority Leader Kerry Benninghoff (R) recently tempered expectations, saying that there’s “no significant support for the legalization of recreational marijuana in the House Republican caucus.”

Fetterman, who is running for U.S. Senate, told Marijuana Moment in a recent phone interview that he’s optimistic about the prospects of reform with these latest proposals, though he acknowledged that there may be disputes between legislators over how tax revenue should be distributed.

Wolf, for his part, has said that a bipartisan approach to legalization “would be a great thing. I think the time is right.”

Philadelphia voters also approved a referendum on marijuana legalization this month that adds a section to the city charter saying that “the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.”

Wolf said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.

The governor, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.

A survey from Franklin & Marshall College released this month found that 60 percent of Pennsylvania voters back adult-use legalization. That’s the highest level of support for the issue since the firm started polling people about it in 2006.

An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature last week, apparently due to pushback by the state police association.

Mexican Senators Circulate Draft Marijuana Legalization Bill, With Vote Expected Within Weeks

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.
Continue Reading

Politics

Mexican Senators Circulate Draft Marijuana Legalization Bill, With Vote Expected Within Weeks

Published

on

A draft bill to legalize and regulate marijuana sales in Mexico is being circulated among senators, and a top lawmaker says the plan is to vote on the proposal before December 15.

While the legislation hasn’t been formally introduced yet, the draft measure largely reflects an earlier version the Senate passed late last year, with some revisions.

Senate Majority Leader Ricardo Monreal Avila of the ruling MORENA party has been pushing for the reform and recently said that there’s agreement among leading lawmakers to prioritize legislation to regulate cannabis.

The Mexican Supreme Court declared nearly three years ago that the country’s prohibition on the personal possession and cultivation of cannabis was unconstitutional. Lawmakers were then obligated to enact the policy change but have since been unable to reach a consensus on legislation to put in place regulations for a marijuana program.

At the request of legislators, the court agreed to extend its deadline for Congress to formally end prohibition on multiple occasions. But because of the repeated failed attempts to meet those deadlines, justices ultimately voted to end criminalization on their own in June.

Monreal previously said that the stage is set for lawmakers to actually pass a marijuana legalization bill during the new session after multiple attempts in recent years fell short of getting over the finish line.

Under the draft bill that’s currently being circulated, adults 18 and older would be allowed to purchase and possess up to 28 grams of marijuana and cultivate up to six plants for personal use.

Members of the Senate Health and Justice Committees were tapped to formulate the draft of a cannabis bill.

The text of the measure states that the purpose of the reform is to promote “public health, human rights and sustainable development” and to “improve the living conditions of the people who live in the United Mexican States.”

It would further “prevent and combat the consequences of problematic consumption of psychoactive cannabis and contribute to the reduction of the crime incidence linked to drug trafficking, promoting peace, security and individual and community well-being.”

Regulators would be tasked with developing separate rules to regulate cannabis for adult-use, research and industrial production.

The bill would establish a Mexican Institute for the Regulation and Control of Cannabis, which would be a decentralized body under the Ministry of Health. It would also be responsible for issuing licenses, overseeing the program and promoting public education campaigns around marijuana.

Retail licenses would need to be issued within 18 months of the enactment of the law.

In order to “compensate the damages generated by the prohibition,” the bill states that at least 40 percent of marijuana cultivation licenses would need to go to communities most impacted by cannabis criminalization for at least the first five years of implementation. After that point, at least 20 percent of licenses would need to be reserved for equity applicants.

After the Supreme Court independently invalidated prohibition earlier this year, advocates stressed that the decision underscores the need for legislators to expeditiously pass a measure to implement a comprehensive system of legal and regulated sales. They want to ensure that a market is established that’s equitable, addresses the harms of criminalization on certain communities and promotes personal freedom.

Advocates are pleased to see Senate leadership take seriously the need to establish regulations and provide access to cannabis for adults, but they have identified some provisions as problematic.

For example, possessing more than 200 grams of marijuana could still result in prison time.

Senate President Olga Sánchez Cordero, who previously served at a cabinet-level position in President Andrés Manuel López Obrador’s administration, recently said that “there is no longer room for the prohibitionist policy.” And she also says the influence of the U.S. is to blame for failed marijuana criminalization laws in her country.

The Senate approved a legalization bill late last year, and then the Chamber of Deputies made revisions and passed it in March, sending it back to the originating chamber. A couple of Senate committees then took up and cleared the amended measure, but leaders quickly started signaling that certain revisions made the proposal unworkable.

After the Chamber of Deputies previously approved the Senate-passed legalization bill, senators said that the revised proposal was critically internally conflicted—on provisions concerning legal possession limits, the definition of hemp and other issues—and lawmakers themselves could be subject to criminal liability if it went into effect as drafted.

But Monreal said in April that if the court were to make a declaration of unconstitutionality before a measure to regulate cannabis was approved, it would result in “chaos.”

The top senator also talked about the importance of lawmakers taking their time to craft good policy and not rush amidst lobbying from tobacco and pharmaceutical industry interests.

“We must not allow ourselves to be pressured by interests,” he said at the time. “The Senate must act with great prudence in this matter.”

Sen. Eduardo Ramírez Aguilar of the MORENA party said in April that “at this time, it is important to legislate in the terms that are presented to us” and then consider additional revisions to cannabis laws through subsequent bills.

That’s the position many legalization advocates took as well, urging lawmakers to pass an imperfect bill immediately and then work on fixing it later.

Mexico’s president said in December that a vote on legalization legislation was delayed due to minor “mistakes” in the proposal.

The legalization bill cleared a joint group of Senate committees prior to the full floor vote in that chamber last year, with some amendments being made after members informally considered and debated the proposal during a virtual hearing.

Members of the Senate’s Justice, Health, and Legislative Studies Committees had approved a prior version of legal cannabis legislation last year as well, but the pandemic delayed consideration of the issue. Sen. Julio Ramón Menchaca Salazar of the MORENA party said in April that legalizing cannabis could fill treasury coffers at a time when the economy is recovering from the health crisis.

As lawmakers work to advance the reform legislation, there’s been a more lighthearted push to focus attention on the issue by certain members and activists. That push has mostly involved planting and gifting marijuana.

Late last year, Sánchez Cordero, then a top administration official, was gifted a cannabis plant by senator on the Senate floor, and she said she’d be making it a part of her personal garden.

A different lawmaker gave Sánchez Cordero, a marijuana joint on the floor of the Chamber of Deputies in 2019. That joint is now framed and hangs in her office.

Cannabis made another appearance in the legislature last year, when Sen. Jesusa Rodríguez of the MORENA party decorated her desk with a marijuana plant.

Drug policy reform advocates have also been cultivating hundreds of marijuana plants in front of the Senate, putting pressure on legislators to make good on their pledge to advance legalization.

Read the draft marijuana legalization bill that’s being circulated in Mexico’s Senate below: 

Click to access texto-normativo-para-nueva-iniciativa-1.pdf

Taliban Announces Deal To Grow Cannabis In Afghanistan Amid Questions Over Company’s Involvement

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.
Continue Reading
Advertisement

Marijuana News In Your Inbox

Support Marijuana Moment

Marijuana News In Your Inbox

Marijuana Moment