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Texas Marijuana Prosecutions Have Dropped By More Than Half Following Hemp’s Legalization

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After Texas legalized hemp and threw marijuana prosecution into chaos last year, prosecutors filed far fewer criminal charges, police departments paid for private testing and public crime labs were struggling to catch up.

By Jolie McCullough, The Texas Tribune

It’s been more than six months since Texas lawmakers legalized hemp and unintentionally disrupted marijuana prosecution across the state.

Since then, the number of low-level pot cases filed by prosecutors has plummeted. Some law enforcement agencies that still pursue charges are spending significantly more money at private labs to ensure that substances they suspect are illegal marijuana aren’t actually hemp.

The Texas Department of Public Safety and local government crime labs expect to roll out a long-awaited testing method to distinguish between the two in the next month or so. But that’s only for seized plant material. There’s still no timeline for when they will be able to tell if vape pen liquid or edible products contain marijuana or hemp. And DPS said even when its testing is ready, it doesn’t have the resources to analyze substances in the tens of thousands of misdemeanor marijuana arrests made each year — testing it didn’t have to do before hemp was legalized.

“If law enforcement agencies and prosecutors asked for all of those to be tested when these new procedures become available … DPS would start with such a huge backlog that it would likely never get caught up,” said Shannon Edmonds, director of governmental relations for the Texas District and County Attorneys Association. “One decision for prosecutors and law enforcement agencies and the labs is: How do they triage these cases to focus on the most important ones?”

In June, Gov. Greg Abbott signed into law a widely supported bill to legalize hemp in Texas. The bill focused on agriculture practices and regulations, but it also narrowed the state’s definition of marijuana from cannabis to cannabis that contains more than 0.3% of tetrahydrocannabinol, or THC, the ingredient in marijuana that gets you high. Anything with less THC is hemp.

Lawmakers were warned the measure could bring marijuana prosecution to a halt without more resources because public labs could only determine whether THC was present in a substance, not how much was present. Still, the legislation sailed into law with no crime lab funding attached. State leaders and the bill authors have since reaffirmed that the law did not in any way decriminalize marijuana.

Soon after its passage, however, district and county prosecutors across the state, in counties that lean both Republican and Democratic, began dropping hundreds of low-level pot cases. Some began requiring law enforcement agencies to submit lab results proving the suspected drugs had more than 0.3% THC before they accepted cases for prosecution. The Texas District and County Attorneys Association advised its members that such testing likely is needed to prove in court that a substance is illegal.

Without public lab testing available, some police agencies turned to private labs — but at a cost. In North Texas, Frisco and Plano police said last month that they continue to pursue all suspected marijuana offenses, submitting cases to private labs for testing. The Collin County district attorney now requires lab results for misdemeanor cases, according to Gail Leyko, the Plano Police Department’s legal adviser. She said all marijuana cases are still being prosecuted, but it costs the city hundreds of dollars more per test to go through private labs that can determine THC concentration.

The Plano City Council approved more funds this summer for the department to test substances in misdemeanor marijuana cases, she said. Other counties without resources for more expensive testing are sending cases to DPS to await its new testing method, rejecting or holding misdemeanor marijuana cases for now, Edmonds said. Private testing can get even more expensive if lab employees also need to testify in court, he said.

“It can be hard to justify that for a misdemeanor,” he said.

Counties like El Paso have argued there still remains enough circumstantial evidence to prove something is marijuana without submitting cases for lab testing. The difference in interpretations has led to varying levels of change from jurisdiction to jurisdiction, but one obvious result has been a sharp statewide decline in low-level pot prosecution.

Texas misdemeanor marijuana cases drop after hemp is legalized

The number of misdemeanor marijuana possession cases filed in Texas has dropped nearly two-thirds since the beginning of June, when hemp was legalized. Without proper testing, police and prosecutors are unable to chemically differentiate between marijuana and hemp.

In 2018, Texas prosecutors filed about 5,900 new misdemeanor marijuana possession cases a month, according to data from the Texas Office of Court Administration. The first five months of 2019 saw an average of more than 5,600 new cases filed a month. But since June, when the hemp law was enacted, the number of cases has been slashed by more than half. In November, less than 2,000 new cases were filed, according to the court data.

For those who support marijuana legalization, that change is welcome, adding to an already growing effort in some of the state’s most populated counties to divert pot smokers from criminal prosecution or not arrest them at all.

“It means that there are fewer Texans that are getting slapped with a criminal record for marijuana possession, something that is already legal in other states,” said Katharine Harris, a drug policy fellow at Rice University’s Baker Institute for Public Policy.

But the patchwork system of a temporary de facto pot decriminalization in some cities or counties was not intentional, according to the hemp bill’s authors and state leaders. Republican House Speaker Dennis Bonnen has told his chamber’s criminal jurisprudence committee to examine the new marijuana testing before the Legislature reconvenes in 2021 and ensure “existing state law can be enforced.”

That testing is finally almost ready. Officials have been working on a new testing method since last summer, which DPS has said should be ready for criminal case testing early this year. Edmonds said the agency told prosecutors in early December that the testing should be ready in February.

The new method is based on the U.S. Drug Enforcement Administration’s test and will indicate if a plant substance has above or below a 2% THC concentration. Officials have said the level, though higher than the 0.3% cutoff, should satisfy law enforcement needs since nearly all marijuana plant prosecutions involve THC concentrations of 12% or higher. There is no timeline yet for when non-plant materials will be able to be tested.

“The first priority is plants, the second priority is vapes and liquids, and the third is going to be the gummies and edibles,” said Sarah Kerrigan, chair of the forensic science department at Sam Houston State University, who is working with public labs on the new testing method.

Still, the labs will be limited in how many cases they can handle. DPS crime lab director Brady Mills said case priority is a “new a question that needs to be addressed” by the labs and prosecutors. Although the new method for plants is still being validated and tested, he said his labs have casework lined up.

“We’re working on the validation process first, and once that gets completed, we’re going to figure out how to address the backlog,” he said.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Disclosure: Rice University and Sam Houston State University have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

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Ohio Marijuana Activists Launch Ballot Campaign To Push Lawmakers To Enact Legalization

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Ohio marijuana activists have a new plan to legalize cannabis in the state as lawmakers pursue separate reform legislation.

Voters rejected a 2015 legalization initiative, and advocates suspended a campaign to place another measure on the 2020 ballot due to the coronavirus pandemic. But on Tuesday, the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) launched a new effort to implore legislators to enact the policy change.

The group submitted the requisite 1,000 signatures to the Ohio attorney general’s office on Tuesday. Officials now have 10 days to review the summary and text to ensure that it is “fair and truthful” and approve it for circulation. Several existing medical cannabis businesses are backing the measure.

“I think people are tired of prohibition with respect to marijuana,” spokesperson Tom Haren told Marijuana Moment in a phone interview on Tuesday, adding that he thinks Ohioans are ready to join the growing list of states that are enacting legalization.

Unlike past efforts, the new measure is a statutory, rather that a constitutional, proposal. If supporters collect 132,887 valid signatures from registered voters, the legislature will then have four months to adopt the measure, reject it or adopt and amended version. If lawmakers to not pass the proposal, organizers will then need to collect an additional 132,887 signatures to place the measure before voters on the ballot in 2022.

“We are proposing to regulate marijuana for adult use, just like we do for alcohol,” Haren said in a press release. “Our proposal fixes a broken system while ensuring local control, keeping marijuana out of the hands of children and benefiting everyone.”

The proposed law that CTRMLA is pushing would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.

It’s a notable departure from the failed 2015 reform initiative, which faced criticism from advocates because of an oligopolistic model that would’ve granted exclusive control over cannabis production to the very funders who paid to put the measure on the ballot.


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).

Under the proposal, a Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”

The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of the enactment of the legislation.

The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.

Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.

Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”

“Marijuana legalization is an issue whose time has come in Ohio,” Haren said in the press release, adding that “we crafted legislation based on the best practices learned by those that went before us.”

“Ohioans want this,” he said. “They see marijuana legalization as inevitable. They want our leaders to seize the opportunity and take control of our future.”

With respect to social equity, some advocate are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, it does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.

Haren said the reason they weren’t able to prescribe specific expungement provisions is due to the state’s single subject ballot rule for initiated statutes.

If the measure does make the ballot, the results of local reform initiatives across the state signal that it would be successful.

As it stands, 22 jurisdictions have adopted local statues so far that reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the “lowest penalty allowed by state law.” And activists are pursuing similar policy changes in dozens of cities this year, with several having already collected enough signatures to qualify for local ballots.

“Legalization is popular in Ohio,” Haren told Marijuana Moment. “That’s why these types of local decrim measures are passing—because people recognize that marijuana prohibition has failed, and it’s not good policy. And it’s much better policy to have a regulated market that provides consumers with an ability to purchase from a legal, regulated source.”

Meanwhile, state Rep. Casey Weinstein (D) recently announced he will be sponsoring legislation alongside Rep. Terrence Upchurch (D) this session that would legalize and regulate marijuana in the state. It would mark the first time such a proposal to allow recreational cannabis commerce has been introduced in the legislature

“Ohioans and Americans are way out ahead on this issue, and the comfort level with first decriminalization and medical marijuana and then full legalization is just so far beyond where legislators are,” Weinstein told Marijuana Moment in a phone interview about his bill. “This is an effort to close that gap and catch up.”

Haren said that while he hasn’t reviewed Weinstein’s legislation at this point, his organization would welcome working with any lawmaker to get reform enacted one way or the other.

Weinstein’s bill would would legalize possession of up to five ounces of cannabis for adults 21 and older and allow them to cultivate up to 12 plants for personal use. It will also include provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.

Like the CTRMLA proposal, a 10 percent excise tax would be imposed on marijuana sales. But after covering administrative costs, revenue would be divided among municipalities with at least one cannabis shop (15 percent), counties with at least one shop (15 percent), K-12 education (35 percent) and infrastructure (35 percent).

Gov. Mike DeWine (R) is likely to oppose the legislative effort given his record. But a voter-led initiative could create a different opportunity for advocates.

“We are laser focused at this point on getting the required number of signatures, sending it to the legislature and then working with them—hand in glove, in lockstep, whatever phrase you want to use—to get get this proposal ultimately signed into law by the governor,” Haren said.

According to cleveland.com, the CTRMLA campaign has already hired several prominent consulting firms to work on the effort, suggesting it has robust funding.

Massachusetts Lawmakers Discuss Bill To Create Psychedelics Legalization Task Force At Hearing

Photo courtesy of Philip Steffan.

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Massachusetts Lawmakers Discuss Bill To Create Psychedelics Legalization Task Force At Hearing

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Massachusetts lawmakers on Tuesday heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

The legislature’s Joint Judiciary Committee met to discuss legislation from Rep. Mike Connolly (D). While members didn’t vote on the proposal, the sponsor was able to make the case for the reform, noting the emerging research that suggests entheogenic substances hold significant therapeutic potential for certain mental health conditions.

He also pointed to the local reform movement that’s led three Massachusetts cities to decriminalize psychedelics so far, saying it represents “another reason why it should be a priority for all of us to bring stakeholders together and have that conversation about what policies should look like.”

“We’re hearing from the medical community, we’re hearing from clinicians and researchers that the potential benefits here simply can’t be ignored,” Connolly said. “There are these issues like PTSD and depression, anxiety and addiction that…we are struggling to address, and what the research is telling us is that these substances offer a tremendous benefit.”

The 21-member task force that the lawmaker is proposing would be responsible for analyzing the pros and cons of “legalizing the possession, consumption, transportation and distribution of naturally cultivated entheogenic plants and fungi.”

The sponsor said on Tuesday that the group “could really allow Massachusetts to play a leadership role in crafting policies around these substances.”

In an email to Marijuana Moment, Connolly said that momentum for broader psychedelics and drug policy reform in states across the country shows that “our proposal to create a task force to craft policies around legalization is rational and warranted.”

“Given our status as a longtime leader in civil rights, freedom, academic research and advances in medicine,” he said, “it is important for the Commonwealth of Massachusetts to be proactive about crafting policies to ensure that as the movement for legalization of psychedelics continues to advance—and as the clinical trials showing the therapeutic value of these medicines continue to pile up—that we are moving forward in an equitable, just and inclusive fashion.”


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Middlesex District Attorney Marian Ryan also testified in favor of the reform proposal before the committee on Tuesday.

For the most part, the burgeoning psychedelics reform movement has been limited to decriminalization—with the exception or Oregon, where voters elected to legalize psilocybin for therapeutic purposes during last year’s election. California activists are also pushing to place psilocybin legalization on the state’s 2022 ballot as a lawmaker works to pass a separate bill to legalize possession of a wide range of psychedelics that has already passed the state Senate and two Assembly committees.

While the Massachusetts legislation would only establish a task force to investigate the potential legalization of these substances, it marks another significant development demonstrating how local reforms have caught the attention of state legislators.

Connolly said at Tuesday’s hearing that it’s important to remember “that it was the Nixon administration in the 1970s that classified entheogens as Schedule I substances, without any real scientific basis. It was more to do with politics—it was more to do with systemic racism—that led to this classification and this criminalization.”

“Today, when you hear some of the professionals, some of the researchers talk about this, they really feel like we lost several decades of potential therapeutic benefit because of these arbitrary political decisions,” he said. “With this task force, there really is an opportunity for us in Massachusetts to bring policymakers and stakeholders together to make sure that as this research advances we can be ready with applicable policies, so don’t don’t repeat the mistakes of the past.”

The lawmaker said “the war on drugs, racial injustice and years of oppression here in our country” partly motivated the introduction of his legislation.

The task force would “bring together stakeholders from the scientific, public safety, racial justice, harm reduction, indigenous, social work, the relevant regulatory bodies and medical communities to make recommendations for the legalization and possession, consumption and distribution of entheogenic substances,” he said.

Three Massachusetts cities—NorthamptonSomerville and Cambridge—have each passed resolutions to deprioritize enforcement of laws against the possession, use and distribution of a wide range of psychedelics and other drugs.

“I’m proud to represent Somerville and Cambridge, two communities that have acted in recent months to decriminalize the possession of psychedelics and entheogenic plans, primarily as part of the larger movement to continue working to undo the racist impact of the War On Drugs,” Connolly told Marijuana Moment.

If his bill is enacted, the 21-person task force would have until June 2022 to study the effects of plant- and fungi-based psychedelics and develop recommendations for how to legalize the substances “in a manner that maximizes equitable access and sustainable manufacture of these plants.”

Particular focus would be paid under the bill to the impact of drug prohibition on on marginalized groups, “including indigenous people, veterans, people with physical and mental health disabilities, Black people, people of Latino and Hispanic heritage, people of Asian descent, people of color, people in poverty, and people identifying with the LGBTQ community.”

The measure also calls for the task force to develop recommendations around “pardons, parole, diversion, expungement, and equity measures” for people with criminal records due to possession, or distribution of controlled substances.

The Massachusetts developments are some of the latest iterations of a national psychedelics reform movement that’s spread since Denver became the first city to decriminalize psilocybin mushrooms in 2019.

Besides the cities in Massachusetts, four others—OaklandSanta CruzAnn Arbor and Washington, D.C.—have also decriminalized possession of plant-and fungi-based psychedelics.

An Arcata, California councilmember announced this month that she would sponsor a measure to decriminalize psychedelics. That measure has since been referred to a committee.

The governor of Connecticut signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill last month that would require the state to establish an institute to similarly research the medical value of psychedelics.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

After Ann Arbor legislators passed a decriminalization resolution last year, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting in May. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction.

The psychedelics conversation is also catching on at the federal level.

The U.S. House of Representatives will vote this week on a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that remove a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine.

In 2019, a large majority of Democratic House members joined all but seven Republicans in a vote against an earlier version of the congresswoman’s amendment. But given the surge in state and local psychedelics reform efforts in the years since, it stands to reason that this Congress may take the issue more seriously this time.

Federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions, a report attached to separate spending legislation that’s part of an advancing minibus package says.

When it comes to broader drug policy reform, Oregon voters also approved an initiative in November to decriminalize possession of all drugs. This year, the Maine House of Representatives passed a drug decriminalization bill, but it later died in the Senate.

Last month, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

White House Declines To Blame Marijuana Sales For Violent Crime Spike Despite D.C. Police Chief’s Comments

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Congress To Vote On Marijuana, Psychedelics And CBD Amendments This Week Following Committee Action

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A key House committee on Monday cleared a series of cannabis and psychedelics-related amendments for floor votes as part of large-scale spending legislation. That floor action could happen as soon as Tuesday.

However, the panel also blocked two measures on housing protections for cannabis consumers that legalization supporters hoped to see advance.

One of the most notable amendments the House Rules Committee allowed to move forward for possible attachment to appropriations legislation would remove a rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine.

The reform measure is being sponsored by Rep. Alexandria Ocasio-Cortez (D-NY), and it targets 1990s-era provision that’s long been part of spending legislation for the Department of Health and Human Services (HHS). The congresswoman attempted to eliminate the language via an amendment in 2019 only to have it defeated by Republicans as well as a majority of her party. But it’s far from the only measure being proposed this appropriations season when it comes to drug policy matters.

Some are being backed by reform advocates, while others have received sharp criticism.

One pro-reform amendment that’s advancing would encourage the Food and Drug Administration (FDA) to approve rules allowing CBD as a dietary supplement and food ingredient.

On the other side, there is a proposal from Rep. Debbie Lesko (R-AZ) to the HHS appropriations bill to eliminate a rider that’s currently in the bill that “allows federal funding to go to institutions of higher education that are conducting research on marijuana.”

The reason this measure has generated particular pushback is because research into cannabis is an overwhelmingly bipartisan issue, and top federal drug officials have repeatedly urged Congress to support policies that make it easier to study the risks and benefits of the plant. What’s more, Lesko represents a state with adult-use legalization on the books.

Activists are disappointed that two marijuana reform measures from Rep. Eleanor Holmes Norton (D-DC) are being blocked from floor consideration. Her proposals—which were aimed at appropriations legislation for the Department of Housing and Urban Development (HUD)—would have made it so marijuana possession or consumption could not be used as the sole basis for denying people access to public housing. One Norton amendment was narrowly focused on medical cannabis while a second measure would have covered all marijuana use that’s legal under state laws.

“It’s disappointing that those who rely on public support for housing will continue to be discriminated against for their state-legal choices,” NORML Political Director Justin Strekal told Marijuana Moment.

Advocates were surprised that the Rules Committee, chaired by marijuana reform supporter Rep. James McGovern (D-MA), sought to prevent a floor vote on the Norton cannabis amendments.

A committee spokesperson told Marijuana Moment that the proposals “had points of order against them and we never make amendments in order with points of order against them.”

Here are the descriptions of measures that the Rules Committee made in order for floor votes: 

Rep. Alexandria Ocasio-Cortez (D-NY): Allows United States researchers to study and examine the potential impacts of several schedule I drugs, such as MDMA, psilocybin, and or ibogaine, that have been shown to be effective in treating critical diseases.

Rep. Kurt Schrader (D-OR): Increases and decreases by $5 million, funding for the Center for Food Safety and Applied Nutrition at the FDA, to highlight the need for the Agency to proceed with rulemaking on cannabidiol (or CBD) by no later than 180 days after enactment, out of concern that the FDA has not initiated rulemaking to establish a regulatory pathway for CBD as a dietary supplement and food ingredient.

Rep. Debbie Lesko (R-AZ): Strikes language that allows federal funding to go to institutions of higher education that are conducting research on marijuana.

Rep. Doug LaMalfa (R-CA): Transfers $25 million from the Environmental Programs and Management enforcement activities account to the National Forest System account for enforcement and remediation of illegal marijuana trespass grow sites on federal lands and for the clean-up of toxic waste and chemicals at these sites.

Here are the amendments that were not ruled in order and are thus dead: 

Rep. Eleanor Holmes Norton (D-DC): Prohibits HUD from enforcing the prohibition on the use or possession of marijuana in federally assisted housing in states where marijuana is legal.

Rep. Eleanor Holmes Norton (D-DC): Prohibits HUD from enforcing the prohibition on the use or possession of medical marijuana in federally assisted housing in states where medical marijuana is legal.

Rep. Doug LaMalfa (R-CA): Prohibits funds from this section from being used to fund needle distribution programs for illegal drugs.

Rep. Ted Butt (R-NC): Prohibits federal funds from being used to purchase clean syringes for illegal drug use.

Rep. Ted Butt (R-NC): Prohibits federal funds from being used to purchase clean syringes for illegal drug use in DC.

Rep. French Hill (R-AR): Increases funding by $50 million for the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program. Offsets the increase with a decrease in funding of $50 million for the Electric Vehicles Fund.


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Overall, these amendments were targeted for inclusion in an appropriations “minibus” bill for fiscal year 2022 to fund the Departments of Labor, Health and Human Services, Education, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development.

The spending package that is now heading to the House floor for votes on Tuesday also, under its language as originally introduced in appropriations subcommittees, would allow Washington, D.C. to use its local tax dollars to implement a system of lawful marijuana sales for adults.

That stands in contrast to a budget proposal from President Joe Biden, whose administration is seeking to keep language protecting medical cannabis states from federal intervention but has excluded the provision on giving D.C. autonomy to legalize marijuana commerce.

Another provision that was added as part of the Financial Services and General Government (FSGG) spending bill would protect banks that work with marijuana businesses. Further, the committee report attached to that legislation encourages federal government agencies to reconsider policies that fire employees for using marijuana in compliance with state law.

Federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions, a report attached to separate spending legislation that’s part of the advancing minibus package says.

Report language also directs the U.S. Department of Veterans Affairs (VA) to improve communication on veteran eligibility for home loans and report back to Congress on its progress within 180 days of the enactment of the legislation. A separate provision urges VA to expand research on the medical benefits of cannabis for veterans.

In the report for Agriculture Department funding, lawmakers took issue with the 2018 Farm Bill’s 0.3 percent THC cap for lawful hemp products and directed USDA to work with the U.S. Department of Health and Human Services (HHS) and DEA on a study of whether that threshold is scientifically backed. That report also addressed numerous other issues related to the crop.

Other report language attached to this spending package highlights the difficulty of studying Schedule I drugs like marijuana, recognizes the medical potential of cannabinoids like CBD, encourages federal agencies not to restrict the plant kratom and acknowledges the lifesaving value of syringe access programs and safe consumption sites for illegal drugs.

The appropriations process this session has seen numerous drug policy reform provisions included in bill text and attached reports—also stopping immigrants from being deported for cannabis, for example, among other issues.

A bipartisan group of congressional lawmakers recently circulated a letter to build support for an amendment to a separate Department of Justice spending bill that would protect all state and tribal marijuana programs from federal interference—going beyond the existing measure that shields only medical cannabis states that’s currently enacted into law. There are now 15 cosponsors signed on to the broader proposal, which is expected to be considered by the Rules Committee and then potentially see floor action this week.

The Commerce, Justice, Science, and Related Agencies (CJS) spending report also notes that the Drug Enforcement Administration (DEA) has moved to approve additional marijuana manufacturers for research purposes and says the committee supports ongoing research efforts on cannabis, particularly in the wake of an outbreak of lung injuries associated with unregulated vaping products.

A provision was also attached to the bill that would make states and localities ineligible for certain federal law enforcement grants if they maintain a policy allowing for no-knock warrants for drug-related cases. That policy garnered national attention following the police killing of Breonna Taylor, who was fatally shot by law enforcement during a botched drug raid.

The Rules Committee is set to take up CJS and other appropriations legislation on Tuesday.

White House Declines To Blame Marijuana Sales For Violent Crime Spike Despite D.C. Police Chief’s Comments

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