Sen. Chuck Grassley (R-IA), a longtime ardent marijuana legalization opponent, announced on Friday that he is stepping down as chair of the Senate Judiciary Committee in order to take over a separate leadership position, potentially paving a path forward for cannabis legislation in the 116th Congress.
Next in line for the chairmanship of the panel, which plays a central role in drug policy legislation, is Sen. Lindsey Graham (R-SC)—who certainly isn’t the most marijuana-friendly member of the Senate but is significantly more open-minded about medical cannabis and other common sense reform measures than the current chairman is.
I very much appreciate Senator @ChuckGrassley's leadership of the Senate Judiciary Committee.
He chaired the committee with a steady hand, sense of fundamental fairness, and resolve.
His leadership serves as a model to us all.
— Lindsey Graham (@LindseyGrahamSC) November 16, 2018
Whereas Grassley has refused to let any marijuana bills come to a vote as Judiciary chairman, Graham has made surprise appearances as a cosponsor of legislation to protect legal medical states from federal interference, reschedule cannabis and also remove cannabidiol (CBD) from the list of federally banned substances.
“Senator Graham chairing Judiciary is the best news reformers have heard since Pete Sessions lost reelection,” Don Murphy, director of federal policies at the Marijuana Policy Project, told Marijuana Moment, referring to the outgoing House Rules Committee chair who has consistently blocked marijuana legislation from votes.
The senator has “shown empathy for patients and is a vocal advocate of the Tenth Amendment,” Murphy said. Plus, he added, Graham’s relationship with President Donald Trump “also bodes well for passage” of key marijuana reform legislation.
“If I was in the industry, I’d be buying today.”
In 2015, Graham voted against an amendment that would have allowed the U.S. Department of Veterans Affairs to recommend cannabis to patients; but the next year he reversed himself and supported a similar proposal to expand access to medical marijuana for veterans.
Also in 2016, the South Carolina senator supported an amendment to prevent the Department of Justice from spending money to interfere with state medical cannabis laws.
Graham told Politico that same year that medical cannabis “could be life-changing” and that restrictions on research should be lifted.
At a CNN event in 2015 he said that while he’s “not a big fan of legalizing marijuana,” you can “count me in for medical marijuana” because he is “convinced that it helps people with epilepsy.”
Graham once referred to marijuana as “half as bad as alcohol” but added that didn’t “see a real need for me to change the law up here.”
Grassley, for his part, did cosponsor a limited CBD research bill, but that’s about as far as his openness to marijuana reform seems to extend.
“I’m cautiously optimistic about what can be accomplished with Senator Graham chairing Judiciary. He’s certainly more open-minded and dynamic when it comes to marijuana than Senator Grassley,” Michael Liszewski, principal of the cannabis-focused lobbying outfit The Enact Group, told Marijuana Moment. “However, as a former prosecutor he could be more insistent that DOJ enforce the letter of the existing law.”
It is also worth noting that Graham has not signed on to the current 115th Congress’s version of the far-reaching medical cannabis bill he previously cosponsored, nor has he gotten on board with growing bipartisan calls to more broadly amend federal marijuana law, something for which President Trump has voiced support.
“Moreover, he demonstrated some hyperbolic fears about state medical marijuana programs in a July 2016 subcommittee hearing,” Liszewski said, referring to a discussion on cannabis policy Graham chaired. “But even with all of that, we will have a better chance to move forward with legislation in the Senate than we had under Grassley.”
In all likelihood, medical cannabis legislation will be referred to the committee Graham is positioned to run during the next Congress. Bills referred to the Senate Judiciary in the 115th Congress include one to end federal marijuana prohibition, another that would remove CBD from the Controlled Substances Act (which Graham cosponsored) and the CARERS Act (a version of which he previously cosponsored). Grassley didn’t schedule hearings or votes on any of them.
Graham has made clear that marijuana isn’t a top priority for him, but his support for medical cannabis and his voting record suggest that the Judiciary Committee could become much more amendable sending reform bills to the Senate floor under his leadership at a time when advocates are more optimistic than ever about the prospects for federal change. At least, more amenable than it has been under Grassley.
And this latest development, combined with the fact that Democrats retook the House, adds to the increasingly favorable political landscape that marijuana reform advocates are entering in the next Congress.
In the meantime, Graham hasn’t yet been formally named as chairman, but he is next in the line of seniority among Republicans on the panel following Grassley’s switch to instead chair the Finance Committee and the retirement of Sen. Orrin Hatch (R-UT).
“As the chairman of the Senate Judiciary Committee, Lindsey Graham will have to make a choice when it comes to marijuana,” NORML political director Justin Strekal told Marijuana Moment. “Will he continue to perpetuate the failed policy of federal criminalization which resulted in over 659,000 Americans being handcuffed in 2017 alone, or will he be open to reform in a way the reflects the rapidly evolving nature of cannabis policy in the majority of states?”
“In the 116th Congress, there will be at least 66 Senators representing states with a regulated medical cannabis program,” Strekal added.
UPDATE: This story has been updated to include comments from representatives of NORML and the Marijuana Policy Project.
Photo courtesy of John Pemble.
Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer
“These aren’t just numbers and there are families attached.”
By Ned Oliver, Virginia Mercury
Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.
The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.
Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.
The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.
Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.
The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.
“As of right now, the process is proceeding,” he said.
The Virginia Joint Commission on Cannabis Oversight is meeting now. You can find the agenda and links to livestream and to provide public comment at https://t.co/f1wsPn7SV7
— Jennifer McClellan (@JennMcClellanVA) October 14, 2021
Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.
Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.
They said it remains unknown how many more are being held because of marijuana related probation violations.
“These aren’t just numbers and there are families attached,” Burger said.
DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone
The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.
In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.
DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.
It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.
LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.
Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.
Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:
For all other THC, psilocybin, psilocyn and MDMA:
And for other psychedelic substances like LSD, mescaline and DMT:
DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.
“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.
“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”
Here are the exact numbers for the proposed 2021 and 2022 quotas:
|All other tetrahydrocannabinol||1,000||2,000|
A 30-day public comment period will be open after the notice is formally published on Monday.
It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.
National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Image element courtesy of Kristie Gianopulos.
Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred
The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.
The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.
Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.
Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.
But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.
Disappointed but not surprised U.S. Supreme Court declined to hear our case. We’re pursuing our claims in federal court. As that litigation proceeds, Biden administration will have to take a position, which it avoided by waiving its right to respond to our Supreme Court petition.
— Safehouse (@SafehousePhilly) October 13, 2021
“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”
That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.
“If they don’t respond, they lose,” Goldfein said.
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.