With a congressional committee set to hold a first-ever hearing on ending federal marijuana prohibition on Wednesday, debate among legalization advocates over which piece of cannabis reform legislation would be the most effective and politically achievable is intensifying.
A key part of that conversation concerns the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, which would amend the Controlled Substances Act (CSA) to exempt state-legal marijuana activity from federal enforcement actions.
Advocates broadly agree that passage of the STATES Act would represent a momentous development in the reform movement, providing protections for many marijuana consumers and businesses in legal states. But questions remain about what specifically the legislation would accomplish and whether it goes far enough.
Moreover, there’s disagreement about whether lawmakers and activists should invest their political capital and efforts into the bill when several others on the table—such as the Marijuana Justice Act (MJA), the Marijuana Freedom and Opportunity Act and others—would make broader changes to federal drug policy and include social equity provisions that are increasingly seen as vital components of any reform agenda.
It’s a complicated situation that will likely spark discussion at Wednesday’s hearing before the House Judiciary Crime, Terrorism and Homeland Security Subcommittee. The panel has released few advance details about the meeting’s scope, but its title alone—”Marijuana Laws in America: Racial Justice and the Need for Reform”—indicates that the debate will go beyond merely whether to legalize and instead delve into specifics on charting the best path beyond prohibition.
A staffer for the committee said in a press advisory on Tuesday that the hearing “will not focus exclusively on any one aspect of marijuana laws or any particular legislative proposal.” Rather, it “will address the breadth of the issue and inform future legislative efforts.”
“For the first time in recent history, the Judiciary Committee is going to be having a candid conversation about what reform should look like and how federal criminalization impacts the existing tension between state-legal programs and what changes in federal policy will impact and influence future reform efforts made at the state level to end the practice of otherwise law-abiding adults being put into handcuffs or discriminated against and treated like second-class citizens,” Justin Strekal, political director of NORML, told Marijuana Moment.
For some advocates, the path to ending prohibition doesn’t lead to the STATES Act. Instead, it leads to more comprehensive reform legislation à la the MJA, a bill introduced by Sen. Cory Booker (D-NJ) that would not only remove cannabis from the CSA altogether—something STATES doesn’t do—but also provide for record expungements and penalize individual states that carry out cannabis prohibition in a discriminatory manner by withholding certain federal funds.
Booker, a 2020 Democratic presidential candidate, cosponsored last year’s version of the STATES Act. But he withheld his signature from this latest version, stating that he would no longer consider marijuana reform proposals that don’t address social equity concerns.
The path could also lead to legislation from Senate Minority Leader Chuck Schumer (D-NY), whose Marijuana Freedom and Opportunity Act would deschedule marijuana and apportion some tax revenue from legal cannabis sales to a grant program aimed at incentivizing participation in the industry by individuals from communities disproportionately impacted by prohibition. It would also set aside funding to support the expungement of cannabis convictions.
A less-talked-about bill from Rep. Tulsi Gabbard (D-HI), another 2020 presidential contender, would also remove cannabis from the CSA—and with Rep. Don Young (R-AK) as an original sponsor, it’s uniquely bipartisan descheduling legislation.
House Judiciary Committee Chairman Jerrold Nadler (D-NY) is also said to be crafting a far-reaching marijuana bill that is expected to include social equity provisions, though details are scarce and advocates expect it will be filed sometime in the wake of this week’s hearing.
The STATES Act, by comparison, is a modest reform proposal that social justice activists have argued is inadequate, especially as momentum builds across the country for wide-ranging measures that place an emphasis on equity.
That momentum was on full display on Tuesday, as 10 leading civil rights and criminal justice reform groups including the ACLU announced that they’d formed a coalition in order to advocate for comprehensive marijuana legislation. Among other things, the Marijuana Justice Coalition said that any reform plan should involve descheduling cannabis, expunging the records of those with past marijuana convictions and investing revenue from legal sales into communities that have been disproportionately impacted by prohibition.
However, proponents of passing the STATES Act—including Cannabis Trade Federation CEO Neal Levine, who will testify as the minority party’s witness at the Judiciary hearing on Wednesday—aren’t arguing that Congress shouldn’t pursue bills like the MJA. Rather, he says, it’s a matter of timing and political calculus about what kind of reform is achievable and can help stop many ongoing harms of prohibition in the short term.
Levine, who previously served as the director of state campaigns and policies at the Marijuana Policy Project, told Marijuana Moment that his organization and its allies have a strategy in place proven to get positive cannabis reform legislation enacted: “We passed as much as we could as fast as we could and we built upon it,” he said, referring to incremental cannabis bills that were passed in states and were later expanded through more far-reaching reforms. “That is our general strategy.”
And for the time being, the bill that stands the best odds of getting enacted into law is the STATES Act, he argues. There’s “not a lot of political will to go far beyond” that bill in the Senate today, and Levine said that if it does pass, it wouldn’t take the wind out of the sails of broader reform legislation—it will add to it.
“What we want to see is the full end of prohibition with full expungements. Period,” Levine said. “If we took a whip count of the U.S. Senate and we found that the Marijuana Justice Act had 60 votes and a credible path, we’d be all in on the Marijuana Justice Act. We want to see prohibition end.”
Levine will make that case on Wednesday. An excerpt of his written testimony that was released on Tuesday reads:
“We have a long way to go with respect to reversing the harms caused by marijuana prohibition and need to begin the process as soon as possible. The question before this Subcommittee and before Congress is whether there is a willingness to advance a bill to the President’s desk that will immediately address nearly all of the issues I have raised. With strong bipartisan support for legislation like the STATES Act, it is possible during the current session of Congress to take major steps toward respecting state cannabis laws, protecting workers, and advancing a more secure, vibrant, and equitable cannabis industry. We hope that Congress will take advantage of the opportunity.”
Other advocates are concerned that with only so much time left on the congressional calendar, and an uncertain Capitol Hill and White House situation going forward after next year’s elections, they may only get one bite at the apple to change federal cannabis laws for the foreseeable future—and the STATES Act isn’t the bite they hope to savor.
The STATES Act is, by most measures, one of the most practical pieces of marijuana reform legislation that stands any chance of being enacted in the 116th Congress. It has a states’ rights focus that has engendered bipartisan support, with notable Republicans signed on as original cosponsors for both the House and Senate versions. Sen. Cory Gardner (R-CO) and Rep. Dave Joyce (R-OH) are behind the bill, and both can exercise influence in their respective chambers to get it out the gate and onto the president’s desk.
That leads into another significant factor: President Donald Trump has said that he “really” supports the STATES Act. Following conversations with Trump on the issue, Gardner said he was left with the impression that there is “an ally in the president on this” and that he’d be inclined to sign the bipartisan bill.
The Colorado senator’s advocacy for the legislation could also open an essential window for advancement in the Senate, which is overseen by Majority Leader Mitch McConnell (R-KY), a vocal proponent of hemp but a staunch opponent to the crop’s “illicit cousin” marijuana. McConnell might be compelled to bring the bill to a floor vote if he’s thinking strategically about how to minimize Gardner’s 2020 reelection risks in Colorado by giving him a win to bring home to voters who want the federal government out of the way of their state’s cannabis laws.
While it is far from certain that McConnell will end up allowing the STATES Act to advance under his watch, it seems much more unlikely that the Senate leader would be willing to give that courtesy to even more wide-ranging legislation focused on social equity.
The STATES Act also received an unexpected tacit endorsement in April: Attorney General William Barr said that while he does not support legalization, he would prefer for the modest reform legislation to pass rather than maintain the status quo of conflicting state and federal laws.
Levine said that getting the STATES Act passed wouldn’t represent the finish line for the reform movement. It would be a critical step forward, to be sure, but not the end game. He’s of the mindset that the bill would be a battle won in the war against prohibition, and it would demonstrate momentum that would bolster efforts to enact further legislation that addresses related issues like social equity.
Strekal said that Wednesday’s historic hearing—and particularly the Republican minority’s choice of Levine as their sole witness—shows “the evolution and the paradigm shift that has been made over just the last few years, where the new floor is the STATES Act and a bipartisan compromise is somewhere between the STATES Act and something along the lines of the Marijuana Justice Act.”
There are some concerns about just how far the STATES Act’s protections would extend, though. Without explicitly descheduling cannabis, the plant would remain a federally controlled substance in any states that haven’t legalized it, potentially resulting in enforcement complications.
Would the legislation offer protections for immigrants seeking citizenship and who work in a state-legal market, which is currently grounds for having naturalization applications rejected under federal immigration policy?
One could argue that it would, as the STATES Act specifies that conduct described in the legislation—including the manufacturing, possession, distribution, dispensation, administration or delivery of marijuana in states where it’s legal—”shall not be unlawful.” But because the federal government would still regard cannabis as illicit under the CSA and the bill doesn’t provide specific protections for immigrants, some question what practical impact, if any, the STATES Act would have.
“The STATES Act will not protect immigrants who work in the legitimate marijuana industry from the current severe immigration penalties,” the Immigrant Legal Resource Center (ILRC) concluded in a May memo. “These penalties also will apply to their spouses and minor children.”
(See the full ILRC memo on the STATES Act embedded below.)
“In contrast, bills that remove marijuana as a Schedule I controlled substance will protect against all the above consequences,” ILRC wrote. “They will remove severe immigration penalties from employees of the legitimate marijuana industry and their families. They will remove those penalties from people who use marijuana in accord with, or in violation of, state law.”
Without specific language addressing the immigration issue, it’s within reason to assume that it may be a matter taken up in court. And considering the difficulties that many immigrants face in securing effective legal representation, there are worries that the STATES Act alone wouldn’t be enough to protect them.
By contrast, CTF’s Steve Fox argued in a call-to-action email in April that the existing language and the protections if offers generally to those working in the state-legal cannabis market demonstrates that lawmakers can “help remedy this problem by passing the STATES Act.”
“We are upset by the suggestion that hard-working cannabis industry employees lack good moral character simply for working in our industry,” Fox wrote in the message urging supporters to contact lawmakers about the STATES Act. “It is even worse that some employees may be denied citizenship for this work.”
Separately, some have raised questions about what the STATES Act would do to resolve banking issues in the cannabis industry.
The bill does note that “proceeds from any transaction in compliance with this Act and the amendments made by this Act shall not be deemed to be the proceeds of an unlawful transaction,” but there are still questions about how it would impact banks that operate in multiple states and transfer cash between branches, including those situated in jurisdictions that still prohibit marijuana.
It’s possible that some of these potential limitations will be discussed at Wednesday’s hearing. But don’t expect the STATES Act to be the only object of legislative interest. Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment that all signs point toward a conversation centered on social equity and racial justice—something that the STATES Act doesn’t address.
“I get that impression from the hearing, the way it’s structured, the witnesses they’ve called,” Collins said. “[Democratic] leadership in the House is not open to moving the STATES Act, otherwise the hearing would be different and the witnesses would be different. Some Republicans are open to STATES Act in the House, but it doesn’t have a path” in the Senate.
Levine said he sees the fate of the STATES Act in the Senate differently. The path might be precarious, but it’s achievable, he said.
While the two advocacy camps hold differing views on the best next step toward advancing cannabis reform, one possibility would be to try a dual approach, pushing the STATES Act to a vote in the Senate while the House weighs a broader bill like the MJA. Such activity could open dialogue between the chambers about potential compromises, or at least push social equity provisions closer to the forefront of the conversation.
Collins said that, in his view, “there’s recognition that we can do better than STATES” among Democrats. And if there’s not a clear path for the legislation to get passed and on the president’s desk, it’s in the party’s interest to take up bills that do include provisions focusing on social and racial justice—that do more than protect business interests in legal states and also acknowledge and seek to repair the damages of the war on drugs.
(Full disclosure: CTF, DPA and NORML, or their staffers, have all sponsored or supported Marijuana Moment through Patreon pledges.)
Read the full ILRC memo on marijuana bills and immigration below:
Photo courtesy of Philip Steffan.
Mississippi Lawmakers Float Special Session To Restore Medical Marijuana Following Supreme Court Ruling
Without a special session, the earliest that the Legislature could enact a medical marijuana program would be in January when the 2022 session begins.
By Bobby Harrison and Geoff Pender, Mississippi Today
A special legislative session is being discussed by political leaders in the wake of last week’s explosive ruling by the Mississippi Supreme Court striking down both the state’s new medical marijuana program and the entire initiative process where citizens can gather signatures to place issues on the ballot for voters to decide.
Sources close to the issue said that lawmakers have broached the issue of a special session with Gov. Tate Reeves’s (R) office.
Without a special session, the earliest that the Legislature could enact a medical marijuana program would be in January when the 2022 session begins. And it would take even longer to re-instate the initiative process since it would require a two-thirds vote of both chambers of the Legislature and then approval by voters presumably during the November 2022 general election.
During a special session, legislators could have an opportunity to create a medical marijuana program and perhaps to fix the language in the state’s initiative process that resulted in last week’s Supreme Court ruling.
House Speaker Philip Gunn (R) says he supports Reeves calling a special session to allow legislators to reinstate the state’s initiative process.
“We 100% believe in the right of the people to use the initiative and referendum process to express their views on public policy,” Gunn said in a statement. “If the legislature does not act on an issue that the people of Mississippi want, then the people need a mechanism to change the law. I support the governor calling us into a special session to protect this important right of the people.”
Efforts to garner comments from Reeves and Lt. Gov Delbert Hosemann (R), who presides over the Senate, have been unsuccessful thus far. On the day of the Supreme Court ruling, Bailey Martin, a spokesperson for Reeves, told the Daily Journal in Tupelo, “Like most Mississippians, Gov. Reeves is interested and intrigued by the Supreme Court’s decision on the recent ballot initiative. He and his team are currently digesting the Court’s 58-page opinion and will make further comment once that analysis is complete.”
Senate President Pro Tem Dean Kirby, (R), said he has not heard discussions about a special session, but said, “I would not be opposed to a special session” to take up the issue of medical marijuana. He pointed out the Senate passed a bill earlier this year in the 2021 session that would have put in place a medical marijuana program if the Supreme Court struck down the medical marijuana initiative. The House did not take up the Senate proposal, opting to wait for the Supreme Court ruling.
Kirby said he had not studied the issue of whether there should be an effort in special session to take up fixing the entire initiative process.
Rep. Robert Johnson, (D), the House minority leader, who was critical of last week’s Supreme Court ruling, said he would support a special session to take up both issues.
Secretary of State Michael Watson (R), who oversees state elections and the initiative process, said via social media he also supports the governor calling a special session.
“I strongly encourage Gov. Reeves to call a special session to address this issue,” Watson said, adding that the issue of medical marijuana also should be taken up during a special session. Watson also said the Legislature should take steps to ensure initiatives approved earlier by voters are not rendered void by the Supreme Court decision released Friday afternoon.
We've received numerous questions regarding the recent Supreme Court decision and the next steps for Mississippi's citizen-driven initiative process. Here are my thoughts: pic.twitter.com/1U47omY17g
— Michael Watson (@MichaelWatsonMS) May 17, 2021
In a 6-3 ruling last week, the Mississippi Supreme Court struck down the medical marijuana initiative that was approved overwhelmingly by voters in November and in the process voided the state’s initiative that has been in effect since 1992.
In the process of voiding the process, six initiatives that were at varying stages of trying to garner the required number of signatures were killed. Those efforts were:
- Expanding Medicaid.
- Enacting early voting.
- Enacting term limits.
- Legalizing recreational marijuana.
- Giving voters the opportunity to restore the old flag that contained the Confederate battle emblem in its design.
- Replacing the 1890 flag that contained the Confederate battle emblem. That already has been done by the Legislature.
The Supreme Court ruling came in response to a lawsuit filed by the city of Madison and its mayor, Mary Hawkins Butler. The lawsuit alleged the initiative process should be voided because the Constitution requires the signatures to be gathered equally from five congressional districts as they were configured in 1990. In 2000, the state lost a U.S. House seat based on U.S. Census data, rendering it impossible to gather the signatures as mandated in the Constitution, the lawsuit argued.
The state’s highest court agreed.
Also at issue is two initiatives that passed in 2011 where the signatures were gathered from the original five congressional districts and whether they will be efforts to challenge those proposals. Those initiatives enacted a requirement to have a government-issued photo ID to vote and a prohibition on the government taking private land for the use of another private entity. After voters approved placing the voter identification issue in the Constitution, it also was approved as general law by the Legislature. So, if the voter ID initiative is struck down, it is not clear how it would impact the general law.
When asked if the Southern Poverty Law Center might challenge the voter ID initiative based on the Supreme Court ruling, Brandon Jones, policy director with the group, said “Like a lot of other folks, we are in the very early states of considering options for voters and the issues impacted by last week’s ruling. We haven’t made any decision yet.”
SPLC also would have been heavily involved in the effort to pass a Medicaid expansion initiative had it not be halted by the Supreme Court ruling.
Minnesota Lawmakers Approve Smokable Medical Marijuana As Broader Legalization Stalls
A bill to legalize marijuana in Minnesota that recently passed the House isn’t advancing in the Republican controlled Senate this session—but advocates scored a different kind of victory on Monday when it comes to expanding the state’s medical cannabis program.
That includes legalizing smokable forms of marijuana for registered patients.
Over the weekend, a bicameral conference committee approved the reform, in addition to several other marijuana-related changes, as part of an omnibus health bill. The House adopted that report on Monday in a 77-57 vote, and the Senate followed suit in a 66-1 vote, sending it to the governor’s desk.
This is just the kind of compromise that House Majority Leader Ryan Winkler (D), sponsor of the broader legalization measure that moved through 12 committees before being cleared by the chamber, predicted would come about in the face of GOP resistance to the idea of ending prohibition altogether.
The most significant change to Minnesota’s medical cannabis program would allow adults 21 and older to access smokable marijuana products. If the final legislation is signed by the governor, that policy would have to take effect by March 1, 2022, or earlier if rules are developed and the state’s cannabis commissioner authorizes it.
There are few remaining states that have medical cannabis programs in place but where smokable products are still prohibited. The Louisiana House approved a bill to allow access to flower products, and it’s heading to the Senate floor. In Alabama, the governor has a medical marijuana legalization bill on her desk that would include a ban on smokable cannabis.
Back in Minnesota, dispensaries could also provide a curbside pickup option for patients under the proposed omnibus legislation. The report further removes restrictions for designated caregivers and allows them to tend to six registered patients at once, rather than just one.
“Over the course of 12 public hearings this year and a statewide tour visiting 15 communities, Minnesotans were loud and clear that our state’s medical cannabis program was too expensive, and that allowing flower could significantly improve access,” Winkler said in a press release.
“As a result of Minnesotans who made their voices heard over the course of years—whether you are a veteran suffering from PTSD, a person with a serious health condition, or a parent with a sick child—more people will gain the ability to live healthy, fulfilled lives,” he said. “Without Minnesotans’ activism and personal stories, and without a historic vote in the Minnesota House to legalize cannabis for adult use, this accomplishment would not have been possible.”
There was one change attached to the health bill that could be of concern to advocates. It would make it so regulators could remove health conditions that qualify patients for medical marijuana if they receive a petition from a member of the public or a task force. Currently, the commissioner is only able to approve new conditions or modify existing ones.
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.
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Still, activists are excited about the overall expansion of the program under the legislation.
“Quite contrary to the claim of some GOP members that reforms to the state’s restrictive medical cannabis program are the ‘backdoor’ to full legalization, the adult-use bill helped open the front door this session for the sorely needed reforms patient advocates have been working toward for years,” Leili Fatehi, campaign manager for Minnesotans for Responsible Marijuana Regulation, told Marijuana Moment.
These are generally positive developments for advocates and patients, but there’s still disappointment over the fact that Winkler’s full legalization bill has stalled in the Senate.
Gov. Tim Walz (D), who hasn’t been especially vocal about the issue in recent weeks as the legislation has advanced, weighed in on the House passage of the legislation on Friday.
“I’ve thought for a long time about that,” he said, adding that “we know that adults can make their own decisions on things, we know that criminalization and prohibition has not worked.”
“I’ve always thought that it makes sense to control how you’re doing this and to make sure that adults know what they’re getting into, and use it wisely,” he said. “I also think there’s a lot of inequity about how folks have spent time in jail or been arrested around this, especially in communities of color.”
“I know a lot of states—other states, conservative states like South Dakota—others have done this. I think there’s a way to do it,” he added. “I say that as a father of a 14-year-old. I certainly don’t encourage it. I certainly wouldn’t encourage my son to over-abuse alcohol. I wouldn’t encourage him to do some of those things, but when adults are of a certain age I trust them to make a good decision.”
Senate Majority Leader Paul Gazelka (R), meanwhile, reiterated his opposition to legalization in an interview with WCCO-TV over the weekend, though he said medical cannabis expansion and lowering criminal penalties for marijuana are areas of interest.
“What I do think we should continue to explore is lowering the criminal offenses—and are there medical reasons that we’re missing?” he said. Those are two things that I hear a lot of, but just making recreational marijuana illegal, I don’t think that’s wise.”
Rep. Rena Moran (D), chair of the Ways and Means Committee, commented in a separate interview with the station that cannabis criminalization has had a disproportionate impact on communities of color and has funneled “way too many people into the criminal justice system.”
While it seems the legislature is heading into a special session to pass the state budget after not being able to get it done by Monday’s end of the regular session, it seems unlikely that the Senate would be willing to take up the legalization bill during that time.
The majority leader’s legislation as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.
Under the measure, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.
On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.
Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.
The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.
People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.
Cannabis retails sales would launch on December 31, 2022.
Walz in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.
The governor did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.
Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.
Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.
In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.
Photo courtesy of Mike Latimer.
Alabama Governor Signs Medical Marijuana Legalization Bill
The governor of Alabama on Monday signed a bill to legalize medical marijuana in the state that was sent to her desk earlier this month.
Following the measure’s passage, Gov. Kay Ivey (R) signaled that she intended to sign after “thoroughly reviewing it.” But while there was a general expectation that she would recommend amendments, she signed it as is.
While the measure was approved with a two-to-one margin in both the House and Senate, some Republican lawmakers vigorously opposed its passage, staging a lengthy filibuster that delayed the final votes.
“Signing SB 46 is an important first step,” Ivey said in a press release. “This is certainly a sensitive and emotional issue and something that is continually being studied. On the state level, we have had a study group that has looked closely at this issue, and I am interested in the potential good medical cannabis can have for those with chronic illnesses or what it can do to improve the quality of life of those in their final days.”
I've signed SB 46 pertaining to medical marijuana. I would like to thank Sen. Tim Melson & Rep. Mike Ball for their hard work over the last few years & their commitment to continue to work on this to ensure we have a productive, safe & responsible operation in AL. #alpolitics pic.twitter.com/2IUBZVEKpI
— Governor Kay Ivey (@GovernorKayIvey) May 17, 2021
In addition to being able to sign or veto the bill, Ivey had had the opportunity to propose line-item amendments and send it back to lawmakers, who could then approve or reject them. But she apparently did not see the need to pursue that option.
“As research evolves, [Sen. Tim Melson (R)] and I discussed how critical it is to continue finding ways to work on this to ensure we have a productive, safe and responsible operation in Alabama,” the governor said.
While Ivey hasn’t been especially vocal about the issue, she was asked about a prior medical cannabis legalization bill in 2019 and said, “I’m still trying to get the details, but if it’s tightly controlled and limited to just those illnesses as verified by medical professionals, it’d be worth considering.”
A restrictive medical marijuana bill is essentially what lawmakers sent to the governor.
Under the legislation as approved, patients would have to be diagnosed with one of about 20 conditions, including anxiety, depression, sleep disorders, post-traumatic stress disorder and intractable pain. Regulators would not be able to independently add additional conditions, leaving that decision up to lawmakers in future sessions.
The bill also prohibits raw cannabis, smoking, vaping and candy or baked good products. Patients would instead be allowed to purchase capsules, lozenges, oils, suppositories and topical patches.
For physicians to be able to recommend cannabis to patients, they would have to complete a four-hour continuing education course and pass an exam. The course would cost upwards of $500 and doctors would also be required to take refresher classes every two years.
Lt. Gov. Will Ainsworth (R) expressed support for the reform—and he called on lawmakers to send the bill to the governor ahead of their final votes.
I support legalizing medical marijuana to help those with cancer and other serious medical issues ease their pain. The majority of the medical community agrees. The Alabama House should pass this important bill before the session ends. https://t.co/LRjOK6ji3d
— Will Ainsworth (@willainsworthAL) May 1, 2021
“I support legalizing medical marijuana to help those with cancer and other serious medical issues ease their pain,” he posted on Twitter. “The majority of the medical community agrees. The Alabama House should pass this important bill before the session ends.”
Ivey signed a bill in 2019 that established a medical cannabis study commission. That piece of legislation was originally a medical marijuana legalization bill that cleared the Senate but then was gutted in the House.
Late last month, the governor signed another bill that expands expungement eligibility for certain convictions, including misdemeanor marijuana possession.
Photo courtesy of Evan Johnson.