Politics
Ted Cruz Explains His Vote To Keep Hemp THC Products Federally Legal In Historic First Senate Roll Call On Cannabis
As the Senate held an historic first standalone roll call floor vote on the issue of cannabis on Monday, Sen. Ted Cruz (R-TX) drew some attention as one of just two Republicans who joined about two dozen Democrats in a failed attempt to keep alive a spending bill amendment to prevent a ban on hemp products containing THC.
The Senate ultimately passed the underlying appropriations package, including language championed by Sen. Mitch McConnell (R-KY) that industry stakeholders say would decimate the hemp market. A last-ditch attempt to strike those provisions of the bill, led by Sen. Rand Paul (R-KY), failed after a majority voted in favor of a motion to table his amendment.
Paul’s fight to block the ban made headlines, with some lawmakers such as House Speaker Mike Johnson (R-LA) criticizing him for “gumming up the works” over “little parochial priorities.” Of course Paul voted against the motion to table his amendment—as did 22 Democrats and an independent senator that caucuses with Democrats—but the member who especially stood out was Cruz, who has spoken out against federal marijuana rescheduling.
“I have long believed that the regulation of hemp and marijuana products should rest with each individual state,” the senator said following the vote. “Reasonable minds can disagree, and a blanket federal prohibition disempowers the voters in each of the fifty States.”
“A one-size-fits-all federal standard will undoubtedly create unintended consequences that harm consumers,” he said. “There is a vital need to protect children by, at a minimum, requiring that purchasers be 21 and prohibiting synthetics and dangerous foreign imports marketed to kids.”
Cruz added, “That’s the approach Governor Abbott has taken in Texas, and I urge other states to follow Texas’s example,” referring to the governor’s veto of an outright hemp ban bill and push for a regulatory model with age-gating and product testing standards.
Notably, while Cruz said that a blanket federal prohibition on hemp deprives states of autonomy to set their own policies, the senator has also opposed the former Biden administration’s move to simply reschedule marijuana, citing increases in vehicle injury and fatality rates that he attributed to the legalization of adult-use cannabis.
Cruz has been broadly critical of marijuana legalization, though he’s also said at some points that individual states should have the ability to decide how to regulate cannabis. “I think it ought to be up to the states,” he said during a 2018 debate. “I think Colorado can decide one way. I think Texas can decide another.”
With respect to Monday’s vote on the Paul amendment, meanwhile, Democrats were largely divided. Twenty-two Democratic caucus members voted against the motion to table, while 25 voted to block the amendment. Of course, the vote on the motion didn’t necessarily reflect members’ views on the proposal itself.
Still, there were some stand-out votes from the Democratic caucus, with certain pro-reform lawmakers joining nearly all Republicans in quashing the amendment. And there were notable divisions among senators of the same party representing the same state.
For example, Senate Minority Leader Chuck Schumer (D-NY) split with Sen. Kirsten Gillibrand (D-NY) by voting against the motion to table. Sen. Cory Booker (D-NJ) voted against tabling, while Sen. Andy Kim (D-NJ) voted to pass the motion.
Sen. Tim Kaine (D-VA) voted against the motion as well, while his Virginia colleague Sen. Mark Warner (D-VA) supported the effort to table. Also split were Sen. Brian Schatz (D-HI), who voted against tabling, and Sen. Mazie Hirono (D-HI), who voted for it.
Meanwhile, both senators representing Oregon—Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR)—voted in favor of considering Paul’s amendment. Sen. Bernie Sanders (I-VT) also opposed the motion to table.
Paul, for his part, has pledged to keep “fighting” after the Senate rejected his attempt to roll back the hemp ban language.
“The hemp provision in this appropriations package wipes out nearly 100% of legal hemp products overnight: killing jobs, crushing farmers, and overriding 23 state laws that already regulate hemp responsibly,” he said. “Our farmers have turned to hemp as a lifeline when fertilizer, fuel, and equipment costs skyrocketed and crop prices fell. Instead of working with us to crack down on bad actors and synthetic cannabinoids, some in Congress chose prohibition.”
“Kentucky jobs are not collateral. Our farmers are not bargaining chips,” he said.
The underlying appropriations bill now heads to the House, which is expected to hold a vote as early as Wednesday.
Meanwhile, advocates are sharply criticizing congressional leaders for advancing the spending bill ahead of Veterans Day on Tuesday that also omits bipartisan provisions allowing U.S. Department of Veterans Affairs (VA) doctors to recommend medical cannabis to patients in states where it’s legal—even though the policy was approved by the full Senate and House of Representatives earlier this year.
Photo courtesy of Brendan Cleak.
