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Senate GOP Tweets And Then Deletes Criticism Of Marijuana Banking Provision In House COVID Bill

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The Senate Republican Conference (SRC) tweeted—and then promptly deleted—a post on Tuesday that characterized a marijuana banking provision of a new coronavirus relief bill filed by House leadership as a “political-pipe-dream.”

Shortly after the House unveiled its COVID-19 legislation, which included language that would protect banks from being penalized by federal regulators for working with cannabis businesses, the SRC account began listing items in the legislation that it said Speaker Nancy Pelosi (D-CA) had inserted that were not germane.

“THIS is what trying to take advantage of a crisis looks like. Here are some items Speaker Pelosi decided to include in her political-pipe-dream of a bill,” SRC said.

Originally included in Senate GOP’s call-out list was the provisions of the Secure and Fair Enforcement (SAFE) Banking Act—a standalone bill that passed the full House along largely bipartisan lines last year and is sponsored on the Senate side by Sens. Cory Gardner (R-CO) and Jeff Merkley (D-OR).

After it was pointed by Marijuana Moment’s publisher that Gardner, who is among the most vulnerable GOP senators heading into the November election, is a chief advocate for the legislation, the Republican organization promptly deleted it from the thread, but not before a screenshot was captured.

Marijuana Moment reached out to the office of SRC Chairman John Barrasso (R-WY) for comment, but representatives did not immediately respond.

Justin Strekal, political director of NORML, told Marijuana Moment that the “Senate GOP writ-large has time and again proven that they love the criminalization of marijuana and all of the pain it inflicts on otherwise law abiding Americans. They are essentially ghouls.”

Other items that did stay in the GOP Senate conference’s House-bashing thread include: vote-by-mail provisions, reviewing immigration detention cases, funding to combat climate change and grants for the arts and humanities.

The Twitter account for Republicans on the House Oversight Committee also took issue with the marijuana-related language attached to the new bill, writing that adding “[d]iversity provisions for marijuana businesses” was an example of playing “swamp politics.” Presumably it is referring to a section of the SAFE Banking Act that requires that Government Accountability Office to study barriers to financial access for minority- and women-owned cannabis businesses.

“In Nancy Pelosi’s wish list bill, the word ‘cannabis’ appears 68 times,” the post continued. “That’s more than the word healthcare (22), tests (62), or patients (13).”

The House is expected to take up the COVID-19 relief package as early as Friday. It’s unclear how the GOP-controlled Senate will approach the banking provision.

The SAFE Banking Act was approved by the House in a floor vote last year and has languished in the Senate Banking Committee in the months since. Chairman Mike Crapo (R-ID) has recommended certain changes to the legislation, and Gardner said earlier this year that a deal is “close.” 

Advancing the bill on the Senate side would give Gardner a much-needed win to bring home to his constituents ahead of the election. A recent poll showed him down almost 20 points against former Colorado Gov. John Hickenlooper (D).

Gardner has made it apparent that he is eager to secure the cannabis industry vote in the race, applauding marijuana businesses in a floor speech in March for helping in the fight against the coronavirus pandemic by producing items like cotton swabs that have been in short supply.

Marijuana Banking Access Included In House Leadership’s Coronavirus Relief Bill

Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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

Politics

New Jersey Prosecutors Must Suspend Marijuana Possession Cases, State Attorney General Says

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The New Jersey attorney general on Wednesday told prosecutors to adjourn most marijuana possession cases until at least January 25, 2021 following voter approval of a referendum to legalize cannabis for adult use this month.

While the initiative amends the state Constitution to legalize marijuana for those 21 and older, lawmakers must still pass enabling legislation to create a regulatory framework for cannabis sales. The day after the election, Attorney General Gurbir Grewal (D) had issued initial guidance to prosecutors encouraging them to use discretion when it comes to marijuana offenses that will soon be codified as legal.

But this latest announcement expands on that memo, ordering prosecutors to pause cases involving a wide range of low-level cannabis possession offenses.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis,” Grewal said. “It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action.”

The attorney general’s office listed seven specific laws that will be impacted by the temporary policy change, including those penalizing possession of up to 50 grams of cannabis and being under the influence of marijuana.

“Notably, today’s guidance does not affect the prosecution of cases charging distribution of marijuana or possession of marijuana with intent to distribute,” a press release from his office says.

The new memo specifies that “in cases where there are other pending charges in addition to the marijuana possession-related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges.”

In the previous guidance released earlier this month, Grewal recognized that there may be some confusion among residents about the implications of the legalization referendum’s passage so police and prosecutors “should exercise discretion” in pursuing marijuana cases, as outlined under earlier 2018 guidance that he issued.

A municipal prosecutor recently argued in a memo sent to colleagues across the state that voters’ approval of the legalization referendum, as well as the attorney general’s earlier directive this month, means that many current cannabis cases should not be pursued.

Senate President Steve Sweeney (D), who previously pressed the attorney general to issue guidance to suspend arrests and court cases for possession of marijuana, praised the new move on prosecutions.

“Now that the people of NJ have spoken no one should be subject to facing criminal charges for minimal amounts of this substance,” he said in a tweet.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Most recently, the Assembly Appropriations Committee and Senate Budget and Appropriations Committee approved legalization bills, albeit in differing forms that will have to be resolved. Planed floor votes for this week have been canceled as leaders hold bicameral negotiations on outstanding details.

Meanwhile, the Senate recently approved a separate marijuana decriminalization bill and the Assembly was supposed to vote on it as well, but that was also pushed back amid disagreement about an amendment to lower penalties for psilocybin, and has yet to be rescheduled.

In anticipation of the legislature’s approval of a legalization bill, Gov. Phil Murphy (D) recently named an official to lead the state’s Cannabis Regulatory Commission that will oversee the legal marijuana market.

Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

Photo courtesy of Mike Latimer.

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Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

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A group of celebrities, Republican officials and civil rights advocates sent a letter to President Trump on Wednesday, urging him to pardon or commute the sentences of people in federal prison for nonviolent federal marijuana offenses.

The letter, which organizers said they adapted from an earlier request after discussing the previous proposal with the office of Trump senior adviser and son-in-law Jared Kushner, states that the signatories “strongly believe that justice necessitates the exercise of executive clemency in these cases.”

Unlike the last version, the new letter comes with an attachment—at the request of Kushner’s office, advocates said—of a specific list of 24 people who are currently behind bars for cannabis offenses, including several who are serving life sentences.

Weldon Angelos, who himself was convicted over cannabis and handed a mandatory minimum sentence before a court cut his sentence and released him, personally delivered the first version of the letter to the White House in March. He told Marijuana Moment that Kushner’s office then reached out to his organization, Mission Green, to request that, in addition to redelivering the request, advocates include a list of incarcerated people who they feel are especially entitled to presidentially granted relief.

Those two dozen currently incarcerated individuals include people like Luke Scarmazzo, who was sentenced to 22 years in federal prison for operating a state-legal medical cannabis business in California. These inmates shouldn’t have to wait for Congress to get around to enacting federal policy change, and the president should use executive action to pardon them, the letter states.

“You have expressed support for the States’ right to implement their own cannabis laws, especially for medicinal purposes,” the signatories, including former NBA star Kevin Garnett, wrote. “And while there are a number of proposals being introduced in Congress to finally put an end to cannabis prohibition, they tend to lack any real avenue of relief for those who are serving time for selling cannabis.”

“Given the timidity of this proposed legislation, the gridlock in Congress, and the imperative of freedom, clemency is the right tool to fix this problem,” it continues. “You and you alone have the power to call out a grand hypocrisy of prior administrations. While cannabis became a thriving, legal market and enriched many, your predecessors ignored the people who were—and are—serving long federal terms for doing the same thing.”

Leaders in the Democratic-controlled House of Representatives announced that they plan to vote on a far-reaching bill to federally legalize marijuana next month, but the Republican Senate has shown no signs it intends to follow suit.

Among the more than 50 signatories of the new letter is Alice Johnson, who appeared at the Republican National Convention and whose story was featured in Trump campaign ads after her drug sentence was commuted by the president.

Republican state lawmakers from Kansas, Maine and Missouri also signed on, as did a former U.S. attorney, actor Danny Trejo, the New Haven, Connecticut police chief and former New Mexico governor and presidential candidate Gary Johnson. They were joined by representatives of groups like #cut50, Marijuana Policy Project and Law Enforcement Action Partnership.

So far during his administration, Trump has granted 27 pardons and 11 commutations. But the advocates behind this letter, including members of the CAN-DO Foundation, which partnered with Mission Green, expect to see a ramping up of clemency from the executive office in the coming weeks, as is traditional during the final weeks of a presidency.

Kushner and the White House press office did not immediately reply to Marijuana Moment’s request for comment for this story.

Angelos said that he hasn’t received confirmation on timing, but he expects Trump to announce additional pardons and commutations as early as the Thanksgiving holiday.

“It’s ridiculous that we currently have a billionaire in the cannabis industry, yet we are keeping select individuals in prison for doing the exact same thing. This is just another example of a wasteful and destructive criminal justice system,” he said in a press release. “I firmly believe President Trump will strongly consider fixing some of the most egregious sentences that we have brought to his attention.”

“He’s the first president on modern history to commute a number of sentences in his first few years in office,” he added. “Traditionally, pardons and commutations happen at the end of a presidency, and so this pattern gives us some comfort that we will get justice for some of them.”

It’s not clear how Trump will react to the request for a round of cannabis-specific clemency.

His reelection campaign worked to frame him as the criminal justice reform candidate, but he hasn’t proactively championed marijuana reform, has made several anti-legalization administration hires and issued signing statements stipulating that he reserves the right to ignore long-standing congressional riders that prohibit the Justice Department from using its funds to interfere with state-legal medical cannabis programs.

Also, despite his pledged support for medical marijuana and states’ rights, the president evidently holds some negative views toward cannabis consumption, as evidenced in a 2018 recording in which he said that using it makes people “lose IQ points.”

Read the letter to Trump about marijuana clemency below:

Letter to President Trump -… by Marijuana Moment

Marijuana Legalization Is Inevitable In New York, Especially After New Jersey Vote, Top Senator Says

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New Jersey Prosecutor Urges Colleagues To Stop Pursuing Most Marijuana Cases While Legalization Bill Advances

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A municipal prosecutor in New Jersey is arguing in a memo sent to colleagues across the state that voters’ approval of a marijuana legalization referendum this month, and subsequent guidance from the attorney general, means that many current cannabis cases should not be pursued.

In a two-page message to other top law enforcement officials that was shared with Marijuana Moment, Jon-Henry Barr, the municipal prosecutor for the Township of Clark, said that he appreciated that state Attorney General Gurbir Grewal (D) released guidance stipulating that police and prosecutors “should exercise discretion” in pursuing marijuana cases.

But voters made clear on Election Day that they no longer want to see adults 21 and older to be convicted for simple possession, he said, and they also lack control over lawmakers’ timeline for passing enabling legislation that would codify that policy statewide.

“New Jersey’s municipal prosecutors can look to the text of the State Constitution and interpretive caselaw for more guidance about what should be done with pending cases,” Barr, who is a past president of the New Jersey State Municipal Prosecutor’s Association and is a member of the pro-reform group Law Enforcement Action Partnership, wrote. “The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done.”

The attorney general’s reminder that prosecutors have discretion in cannabis cases is important, but it still leaves questions about how exactly they should proceed in the interim while lawmakers work on implementing regulations for a legal marijuana market, he said.

“In light of the global pandemic and the statewide referendum, are the interests of justice served by continuing to prosecute low level marijuana cases?” he asked. “I conclude that no reasonable argument can be made to claim that the interests of justice are accomplished by maintaining the prosecution of most current cases. However, that does not mean that all cases should simply be summarily dismissed.”

In terms of what types of cases could continue to be subject to prosecution, Barr said the referendum simply applied to low-level possession for those 21 and older. Underage possession, distribution and possession with the intent to distribute should all still be pursued on a case by case basis, at least while the legislature works to enact specific regulations.

While the attorney general in 2018 issued previous initial guidance encouraging discretion in marijuana cases, Barr said the referendum vote demonstrates that “public policy in New Jersey has now shifted significantly further, and it is my thoughtfully considered, carefully researched, and well-reasoned position that most, but not all, current marijuana cases should not be prosecuted.”

“I again maintain that this memo fully respects and complies with the direction provided thus far by the attorney general of New Jersey, and complete deference to his directives will continue,” he said.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Most recently, the Assembly Appropriations Committee and Senate Budget and Appropriations Committee approved legalization bills, albeit in differing forms that will have to be resolved. Planed floor votes for this week have been canceled as leaders hold bicameral negotiations on outstanding details.

Meanwhile, the Senate recently approved a separate marijuana decriminalization bill and the Assembly was supposed to vote on it as well, but that was also pushed back amid disagreement about an amendment to lower penalties for psilocybin, and has yet to be rescheduled.

In anticipation of the legislature’s approval of a legalization bill, Gov. Phil Murphy (D) recently named an official to lead the state’s Cannabis Regulatory Commission that will oversee the legal marijuana market.

Read the memo to prosecutors on marijuana enforcement discretion below: 

Memo on marijuana prosecuti… by Marijuana Moment

Connecticut Lawmakers Will Put Marijuana Legalization On The Ballot If Legislature Rejects Bill

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