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Senators Push Attorney General To Let More People Grow Marijuana For Research

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Attorney General William Barr recently received two letters from senators that stress the importance of expanding the number of federally authorized growers of marijuana for research purposes.

Adding such facilities would not represent a violation of international treaties, one of the letters argued, while the other focuses more broadly on delays in processing applications for additional cultivators.

A letter signed by Sens. Brian Schatz (D-HI), Dianne Feinstein (D-CA), Lisa Murkowski (R-AK), Cory Gardner (R-CO), Christopher Coons (D-DE) and Tim Kaine (D-VA), describes how the U.S. currently has just one facility that’s authorized to produce cannabis for federal research purposes and how the Drug Enforcement Administration (DEA) created a process to license additional manufacturers in 2016.

“Our nation’s need for meaningful federally sanctioned research is critical,” the senators wrote in the letter, which was delivered on Tuesday. “Research and medical communities should have access to research-grade materials to answer questions around marijuana’s efficacy and potential impacts, both positive and adverse. Finalizing the review of applications for marijuana manufacturing will assist in doing just that.”

The Department of Justice under Barr’s predecessor, Jeff Sessions, blocked the DEA from acting on more than two dozen cultivation applications it has received.

To avoid further delays, the senators asked Barr’s office to answer these six questions by April 23:

1. What is the current status of each marijuana manufacturer application?

2. What steps have both DEA and DOJ taken to review each marijuana manufacturer application currently pending?

3. By what date do you estimate the DEA will have completed its review of all the marijuana manufacturer applications and commence registration of new marijuana manufacturers?

4. Please share DOJ’s analysis of the Single Convention and if the opinion of the Justice Department is the same or similar to that of DEA’s.

5. If there are legal barriers to licensing multiple schedule I marijuana manufacturers under the Single Convention, please identify and explain them.

6. What impact, if any, did the enactment of the 2018 Farm Bill have on the pending applications? If any of the pending applications were to manufacture hemp-derived CBD for research purposes, does DOJ intend to notify those applicants that a bulk manufacturer registration is no longer needed? If so, when? If not, why not?

Beyond including questions about restrictions under an international treaty (“the Single Convention”) in that letter, Schatz and Sen. Cory Booker (D-NJ), a presidential candidate, sent a separate letter to the attorney general last week that specifically zeroes in on the issue.

After repeatedly insisting that the Single Convention blocks the government from increasing the number of marijuana manufacturers, the DEA ultimately determined that it would be permissible under the treaties to open up applications for additional providers, the senators wrote.

The State Department reached the same conclusion in 2016, finding that “[n]othing in the text of the Single Convention, nor in the Commentary, suggests that there is a limitation on the number of licenses that can be issued.”

The senators voiced their opposition to “any attempt to reinterpret” the country’s obligations under the treaties. They said that “any changes will unnecessarily hinder the advancement of research on the effects of marijuana for medicinal or therapeutic purposes.”

“We believe the licensed production of marijuana for research is critically important,” the senators wrote. “After over two and a half years of delay, it is imperative that you advance the process for registering new manufacturers of research-grade marijuana.”

Barr said in January that he supports expanding the number of research-grade cannabis manufacturers in the U.S. and committed to reviewing existing applications. But he hasn’t offered his interpretation of how international treaties might affect those efforts.

“In addition to being a crucial component for growing great marijuana, sunshine in politics can serve as the best disinfectant,” Justin Strekal, political director of NORML, told Marijuana Moment.

“Senator Schatz is leading the way in holding the new attorney general’s feet to the fire as we prepare for a substantial shift in public policy,” he added, referring to the fact that the senator led both sign-on letters.

In other news about federal impediments to expanded cannabis science, the head of the National Institute on Drug Abuse said on Tuesday that the Schedule I status of marijuana under the Controlled Substances Act made it difficult to research—in part because of the limited supply of substances that are available to study.

Read the senators’ marijuana letters to Barr below:

Senators Press DOJ On Marij… by on Scribd

Top Federal Drug Policy Expert Says Marijuana’s Schedule I Status Inhibits Research

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.

Culture

Lots Of Politicians And Companies Are Tweeting About Marijuana On 4/20

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It’s 4/20 again, and that means another slew of tweets from politicians and mainstream brands looking to use the marijuana holiday as a hook to get their message out.

Here’s a roundup of some of the best, funniest, most important or otherwise notable cannabis-related tweets of the day…

Sen. Cory Booker (D-NJ), a presidential candidate:

Sen. Bernie Sanders (I-VT), a presidential candidate:

Sen. Kamala Harris (D-CA), a presidential candidate:

Sen. Kirsten Gillibrand (D-NY), a presidential candidate:

Rep. Tulsi Gabbard (D-HI), a presidential candidate:

Rep. Eric Swalwell (D-CA), a presidential candidate:

Former Rep. Beto O’Rourke (D-TX), a presidential candidate:

Former Sen. Mike Gravel (D-AK), a presidential candidate:

Washington State Gov. Jay Inslee (D), a presidential candidate:

Former San Antonio, Texas Mayor Julián Castro (D), a presidential candidate:

Democratic presidential candidate Andrew Yang:

Senate Minority Leader Chuck Schumer (D-NY):

House Committee on Small Business:

Congressional Black Caucus:

Sen. Jacky Rosen (D-NV):

Rep. Earl Blumenauer (D-OR):

Rep. Ilhan Omar (D-MN):

Rep. Barbara Lee (D-CA):

Rep. Ro Khanna (D-CA):

Rep. Charlie Crist (D-FL):

Rep. Steve Cohen (D-TN):

Rep. Deb Haaland (D-NM):

Pennsylvania Lt. Gov. John Fetterman (D):

Los Angeles, California City Council President Herb Wesson (D):

Cook County, Illinois State’s Attorney Kim Foxx (D):

The American Civil Liberties Union:

Ben & Jerry’s:

Denny’s:

Hidden Valley Ranch:

Carl’s Jr.:

Boston Market:

George Washington’s Mount Vernon:

Bill Maher:

Miley Cyrus:

311:

The Onion:

Ben & Jerry’s Stands Out From Companies Just Trying To Make Money From 4/20

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Politics

State-Legal Marijuana Use Makes Immigrants Morally Unfit for Citizenship, Trump Administration Warns

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A federal immigration agency clarified on Friday that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—is an immoral offense that makes immigrants ineligible for citizenship.

When applying for naturalization, the process of gaining citizenship, individuals must have established “good moral character” in the five years preceding the application. Good moral character is a vague requirement that has been criticized by scholars and civil rights advocates, as assessing morality is arguably subjective.

According to the U.S. Citizenship and Immigration Services (USCIS), state-legal marijuana consumption renders individuals morally unfit for citizenship. The new policy clarification reflects a sentiment once expressed by former Attorney General Jeff Sessions, who said that “good people don’t smoke marijuana.”

The USCIS memo says that “violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing [good moral character] for naturalization even where the conduct would not be a violation of state law.”

Further, an applicant “who is involved in certain marijuana related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws,” the document says. The policy also applies to individuals who worked in the state-legal cannabis industry.

There have already been reports of people being denied citizenship due to their proximity to state-legal marijuana businesses. Earlier this month, Denver Mayor Michael Hancock hosted a group of immigrants who said their work in the state’s cannabis industry was being used as justification by federal officials to deny them citizenship.

“In Colorado, cannabis has been legal for 5 years. For work in a legal industry to be used against an individual trying to gain citizenship is a prime example of why we need to harmonize our state and federal laws to ensure that states like Colorado that have moved to legalize cannabis can act in our own authority to expand and regulate our cannabis industry,” Rep. Joe Neguse (D-CO), told Marijuana Moment in reaction to the Trump administration memo.

Legalization activists also criticized the move.

“The cruel treatment of immigrants for offenses related to something as minor as marijuana is illustrative of the way this administration has used the war on drugs to pursue communities of color,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment. “It also shows that pursuing a state by state approach to federal policy doesn’t work for these communities. Federal descheduling is essential.”

While the federal policy deeming marijuana use a violation of “good moral character” standards for immigration purposes was already on the books, it seems the spread of state-level cannabis legalization has prompted the agency, which is part of the Department of Homeland Security, to issue the clarification.

“A number of states and the District of Columbia (D.C.) have enacted laws permitting ‘medical’ or ‘recreational’ use of marijuana. Marijuana, however, remains classified as a ‘Schedule I’ controlled substance under the federal CSA,” the updated USCIS policy manual now reads. “Schedule I substances have no accepted medical use pursuant to the CSA. Classification of marijuana as a Schedule I controlled substance under federal law means that certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.”

“Such an offense under federal law may include, but is not limited to, possession, manufacture or production, or distribution or dispensing of marijuana. For example, possession of marijuana for recreational or medical purposes or employment in the marijuana industry may constitute conduct that violates federal controlled substance laws. Depending on the specific facts of the case, these activities, whether established by a conviction or an admission by the applicant, may preclude a finding of GMC for the applicant during the statutory period. An admission must meet the long held requirements for a valid ‘admission’ of an offense. Note that even if an applicant does not have a conviction or make a valid admission to a marijuana-related offense, he or she may be unable to meet the burden of proof to show that he or she has not committed such an offense.”

The underlying policy does provide an exception for “a single offense of simple possession of 30 grams or less of marijuana.”

An additional update to the policy manual stipulates that the exception “is also applicable to paraphernalia offenses involving controlled substances as long as the paraphernalia offense is ‘related to’ simple possession of 30 grams or less of marijuana.”

That detail wasn’t included in an earlier 2014 version of the USCIS policy manual.

The policy alert is similar to an update the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued in 2017 when the federal gun purchase application form was revised to include a warning that the “use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside” and therefore disqualifies applicants.

But the USCIS clarification also reflects a recent ratcheting up of anti-immigration policy moves under the Trump administration.

Jason Ortiz, vice president of the Minority Cannabis Business Association, told Marijuana Moment that the new memo reflects a “callous and irrational decision” by the administration and “is a reminder that without comprehensive cannabis reform our communities of color will continue to be prosecuted and subject to deportation for activity that is legal for affluent communities around the country.”

“Proposals such as the STATES act which seek to simply ease the risk on business do not address these deeper issues related to federal prohibition,” he said. “Considering the devastating effects our war on drugs had on Latin America, immigration reform must be a necessary component of any comprehensive cannabis legalization policy.”

People Could Use Marijuana In Public Housing Under New Congressional Bill

This story has been updated to include comment from Neguse.

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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Politics

USDA Clarifies That Farmers Can Import Hemp Seeds From Other Countries

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The U.S. Department of Agriculture (USDA) clarified on Friday that hemp seeds can be imported into the U.S., and that the Justice Department no longer has a role in that process.

While USDA is still developing regulations for hemp cultivation under the 2018 Farm Bill, which federally legalized the crop and its derivatives, farmers can still obtain seeds in the meantime.

The agriculture legislation “removed hemp and hemp seeds from DEA authority for products containing THC levels not greater than 0.3 percent” and “DEA no longer has authority to require hemp seed permits for import purposes.”

“U.S. producers and hemp seed exporters have requested assistance from USDA to provide an avenue for hemp seed exports to the United States,” the department wrote in a bulletin. “The U.S. Department of Agriculture regulates the importation of all seeds for planting to ensure safe agricultural trade. Under this authority, USDA is providing an alternative way for the safe importation of hemp seeds into the United States.”

Sen. Jon Tester (D-MT) is among those who’ve requested assistance related to hemp importations. Earlier this month, he told Agriculture Secretary Sonny Perdue that the DEA was blocking Montana farmers from importing hemp seeds.

Perdue said during the hearing that the matter was “news to me” and explained that farmers can import and cultivate hemp under the research-focused provisions in the prior 2014 version of the legislation while the USDA worked to enact new regulations.

In a letter sent to the acting administrator of Customs and Border Protect (CBP) on Tuesday, Tester and Sen. Patrick Leahy (D-VT) raised the concern again, imploring CBP to update its policy to reflect that hemp seeds can be lawfully imported. The letter was obtained by the industry advocacy group Vote Hemp.

The USDA bulletin specified how the process works for imports from Canada and other countries.

Importation of Hemp Seed from Canada

“Hemp seeds can be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada.”

Importation of Hemp Seed from Countries other than Canada

“Hemp seeds may be imported into the United States from countries other than Canada if accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.

Hemp seed shipments may be inspected upon arrival at the first port of entry by Customs and Border Protection (CBP) to ensure USDA regulations are met, including certification and freedom from plant pests.”

The rulemaking process for hemp may take some time, as Perdue said the department would not expedite the regulations and will be “taking this slow.” Once the USDA has a regulatory framework in place, it will begin approving state plans, and those states will be the primary regulators.

For the time being, however, there’s nothing stopping farmers from collecting certified hemp seeds. Not even the DEA.

Trump Agriculture Secretary Accepts Invitation To Tour Hemp Farms

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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