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States Can’t Block Legal Hemp Shipments Within Their Borders, USDA Says

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The U.S. Department of Agriculture (USDA) said on Tuesday that hemp can be transported across state lines—even through states that haven’t enacted laws allowing the crop’s production—and that the descheduling of the plant and its derivatives under the 2018 Farm Bill are already in effect because they are self-executing and do not require further action by federal agencies.

In a four-point legal opinion issued by the agency, USDA specified that hemp has been removed from the Controlled Substances Act (CSA), states and Indian tribes may not prohibit the interstate transportation of lawfully marketed hemp products—including those that fall under the more limited research-focused provisions of the previous 2014 Farm Bill—and that restrictions on participation in the hemp industry apply for individuals with felony drug convictions.

The USDA Office of the General Counsel said that while states and Indian tribes can still control the production of hemp in their respective jurisdictions, interstate commerce must be permitted following the implementation of the agency’s hemp regulations.

In the meantime, before any businesses can begin planting, harvesting and processing hemp crops under the new Farm Bill’s provisions, however, the USDA must first enact implementing regulations and then approve state-submitted regulatory plans.

“It is also important to emphasize that the 2018 Farm Bill does not affect or modify the authority of the Secretary of Health and Human Services or Commissioner of Food and Drugs to regulate hemp under applicable U.S. Food and Drug Administration (FDA) laws,” the agency added, perhaps referring to confusion that has surrounded the question of including hemp-derived CBD in food products and dietary supplements. “USDA expects to issue regulations implementing new hemp production authorities in 2019.”

The memo also indicates that people with felony drug convictions—who would otherwise be prohibited from participating in the legal hemp industry for 10 years—are exempted from the ban if their participation began following the passage of the 2014 version of the agriculture legislation but prior to the enactment of the broader 2018 bill.

Another notable aspect of the memo concerns THC derived from hemp.

“Congress has removed hemp from Schedule I and removed it entirely from the CSA,” USDA wrote. “In other words, hemp is no longer a controlled substance. Also, by amending Schedule I to exclude THC in hemp, Congress has likewise removed THC in hemp from the CSA.”

The 2018 Farm Bill definition of hemp stipulates that a cannabis crop must not contain more than 0.3 percent THC to qualify. THC derived from marijuana remains federally prohibited.

The agriculture bill shifted regulatory responsibility for hemp from the Justice Department to USDA. As such, USDA noted in its legal opinion that “this decontrolling of hemp (and THC in hemp) is self-executing.”

“Although the CSA implementing regulations must be updated to reflect the 2018 Farm Bill amendments to the CSA, neither the publication of those updated regulations nor any other action is necessary to execute this removal,” USDA wrote. In other words, the Justice Department doesn’t have to update its guidance on hemp and its derivatives for the policies to be in effect.

These are some of the most concrete updates that the USDA has offered since the 2018 Farm Bill was signed into law in December 2018. Agriculture Secretary Sonny Perdue has indicated that his department wouldn’t be expediting the rulemaking process, but he said that hemp regulations would be implemented ahead of the 2020 planting season.

One of the more consequential takeaways from the legal opinion for industry stakeholders concerns interstate transportation of hemp and its derivatives. USDA explained that a provision of the agriculture legislation “preempts State law to the extent that State law prohibits the interstate transportation or shipment of hemp that has been produced in accordance with” the Farm Bill.

Hemp produced under the 2014 version of the bill also qualifies for the interstate transportation protection, USDA further explained.

A separate memo released on Tuesday clarifies that Indian tribes can continue to engage with states that authorize hemp pilot programs for research purposes but that they, unlike states, cannot themselves authorize hemp research programs.

That second memo doesn’t touch on the 2018 version of the bill, but it states that the “law remains unchanged in that Indian tribes, individuals, and entities located in States that do no permit hemp production are ineligible to participate in the growing or cultivation of hemp under the 2014 Farm Bill program.”

You can read the USDA hemp memo below:

USDA Hemp Memo by Marijuana Moment on Scribd

TSA Updates Marijuana Rules To Allow Hemp-Derived CBD On Flights

Photo courtesy of Pixabay.

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

Beto O’Rourke Proposes Drug War Reparations Funded By Marijuana Taxes

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Marijuana would not only be legalized under a plan proposed on Thursday by Democratic presidential candidate Beto O’Rourke, but cannabis tax revenue would be used to directly repay formerly incarcerated people through a new “Drug War Justice Grant” program.

Unlike other contenders who have come around to supporting marijuana legalization in just the past couple of years, the former Texas congressman has long called for ending prohibition—and his new plan in many respects goes further than those rolled out by other campaigns.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

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Support Grows For Marijuana Legalization Bill In Colombia

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Colombia’s legislature will soon take up a bill to legalize and regulate the production and consumption of marijuana for adults.

The legislation, which is being filed by Sen. Gustavo Bolivar of the opposition Colombia Humana party, seeks to end prohibition as a means of curtailing crime and supporting a public health-focused approach to drug policy.

Bolivar, an author who has written several books centered on drug trafficking, has characterized the bill as being about “regularization, not legalization,” but it would provide for legal sales to adults with restrictions similar to those imposed for tobacco and alcohol. There would be penalties for selling to underage individuals and smoking wouldn’t be permitted in public spaces.

The senator pointed to Uruguay, Canada and states in the U.S. as regulatory models for legalization.

“It has been proven that crime levels are lowered and public health is improved,” he said, according to Colombia Reports.

Sen. Alberto Castilla Salazar of the leftist Polo Democrático party said that his coalition supports the reform measure.

“Colombia must overcome prohibitionism and break the ties of illegal groups with the control of cannabis, so that it is the State that regulates, defines the forms and understands consumption as a public health problem,” he said on Tuesday.

Sen. Julián Gallo Cubillos of the FARC party said his coalition supports the legislation and that it represents “a new way to fight the scourge of drug trafficking.”

The proposal has also garnered the support of former President Juan Manuel Santos, who has been an outspoken advocate for ending the war on drugs. His Liberal party could make or break the legislation depending on where members fall.

While left and center-left lawmakers seem largely united around legalizing marijuana, the issue will likely face resistance from President Ivan Duque, who last year signed a decree banning low-level possession of cannabis and cocaine despite court rulings that such activity is permissible.

As Colombia Reports noted, however, Duque’s far-right Democratic Center party is in the minority.

“We’ll have to see how many senators are left to former president Juan Manuel Santos and see how public opinion receives the idea that marijuana can be consumed in public spaces,” Sen. Paloma Valencia, a member of the president’s party, said.

If the country does opt to pursue a regulated cannabis program, it will join Mexico, where lawmakers are readying legislation to legalize marijuana for adult use following a Supreme Court ruling establishing that a ban on possession and cultivation for personal use is unconstitutional.

Former White House Drug Czar Offers Marijuana Legalization Advice To Mexico

Photo courtesy of Brian Shamblen.

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Marijuana Offenses Would No Longer Get Immigrants Deported Under New Congressional Bill

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The fourth highest-ranking Democrat in the House introduced a bill on Wednesday designed to protect immigrants from being deported or denied entry into the U.S. over low-level marijuana offenses.

Assistant Speaker Ben Ray Luján (D-NM) filed the Removing Marijuana from Deportable Offenses Act, which stipulates that “any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.”

It would further allow immigrants who’ve been denied a visa or deported due to cannabis offenses to reapply or have their visa reissued.

In a press release, Luján said that the legislation is necessary in order to combat what he described as the “despicable” weaponization of marijuana against immigrant communities by the Trump administration. According to Human Rights Watch, 34,000 immigrants were deported from 2007 to 2012 for cannabis possession.

“The federal government should not be wasting resources to wreak havoc on immigrant families when there are children held in border camps that are desperate for legal services, hygiene products, and basic humanitarian care,” he said. “Providing care for these children and families should be where the Trump administration devotes its funding – not working as a deportation force.”

“I’m proud to be fighting for this legislation to hold President Trump accountable and defend our immigrant communities from senseless and hateful policies,” he said.

The legislation is identical to a companion bill that Sen. Cory Booker (D-NJ) introduced in June.

“This Administration’s efforts to use marijuana possession as a tool for deportation is misguided and does not make our communities safer,” Booker said. “Limited law enforcement resources should not be wasted on deporting people for something two of the last three presidents have admitted to doing.”

Earlier this year, U.S. Citizenship and Immigration Services issued a memo stating that immigrants are ineligible for citizenship if they use marijuana or engage in cannabis-related activities, including employment in a state-legal cannabis business, because such activity is not consistent with “good moral character.”

So far, the House version has 21 cosponsors, including Reps. Earl Blumenauer (D-OR), Lou Correa (D-CA), Barbara Lee (D-CA), Jim McGovern (D-MA), Eric Swalwell (D-CA), Dina Titus (D-NV), Nydia Velázquez (D-NY), and Bonnie Watson Coleman (D-NJ).

“We’re the closest that we have ever been to ending marijuana prohibition across the United States; it’s vital that individuals and communities that continue to bear the brunt of prohibition do not get left behind—that includes noncitizens,” Queen Adesuyi, policy coordinator for Drug Policy Alliance, said. “Marijuana has been one of the leading causes for deportation, destroying the lives of countless individuals and families over a substance that is now the center of an industry bringing in billions in profits.”

FWD.us President Todd Schulte called the proposal “commonsense legislation that will help keep families together and ensure taxpayer dollars aren’t wasted on cruelly deporting individuals with low-level offenses.”

“The status quo of marijuana criminalization is irrational and discriminatory towards tens of thousands of otherwise law-abiding aspiring Americans who pose no safety risk to the United States,” NORML Political Director Justin Strekal said. “Public opinion and policy surrounding cannabis are rapidly shifting, which is why we must ensure that those who strive to achieve the American Dream are treated with dignity.”

Also this week, Luján became of cosponsor of separate far-reaching legislation to remove marijuana from the Controlled Substances Act and divert funds toward programs to begin repairing the damage of the war on drugs.

Read the text of Luján’s marijuana and immigration bill below:

Lujan marijuana bill by Marijuana Moment on Scribd

Key Congressional Chair Says Marijuana Banking Vote Will Happen Over Groups’ Objections

Photo courtesy of Philip Steffan.

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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