With the House and Senate heading into a month-long August recess this week, it’s a good time to look back at what lawmakers have accomplished so far this year when it comes to marijuana reform: It is unquestionable that the 116th Congress is the most cannabis-friendly Congress in history.
Seven months into the session, there have already been seven hearings on cannabis, a marijuana banking bill passed a key committee and the full House adopted a far-reaching amendment to block federal interference in state legalization laws. And those are just the highlights.
“Congress has never moved this far, this fast on marijuana policy, period,” NORML Political Director Justin Strekal said in an interview.
Rep. Earl Blumenauer (D-OR), who has worked for decades to end marijuana prohibition, said that those “long overdue efforts to reform our outdated cannabis laws are finally resonating in Congress.”
“Bills to address policy failures in cannabis banking, veterans access, decriminalization and restorative justice have started moving through the legislative process,” he said.
Here’s a comprehensive rundown of the immense amount of cannabis progress made on Capitol Hill in 2019:
Votes On Marijuana Legislation
In June, the House of Representatives voted 267 to 165 to approve a measure for the first time that prevents the Department of Justice from spending money to intervene in the implementation of state and territory marijuana policies.
The body also approved, via an uncontested voice vote, a similar measure shielding the cannabis laws of Indian tribes as well as another adding the U.S. Virgin Islands to an existing law covering local medical marijuana programs. An additional amendment the House tacked onto the same bill directs the Food and Drug Administration to establish a process for regulating CBD in foods and dietary supplements.
Separate appropriations legislation that cleared the House in June contained language upon introduction to prohibit the Treasury Department from punishing banks for maintaining accounts for state-legal cannabis businesses. That legislation also deletes a longstanding rider that has blocked Washington, D.C. from spending its own local tax dollars to legalize and regulate marijuana sales. No lawmaker from either party attempted to completely strip the banking language or add the D.C. ban back in.
The Senate has not yet taken up its versions of these spending bills, so it remains to be seen if the chamber will support similar amendments during committee markups or floor consideration. In cases where the body does not adopt identical proposals, it will be up to bicameral conference committees to determine what makes it into final legislation sent to President Trump’s desk.
In July, the House passed via voice vote an amendment to end a Department of Veterans Affairs policy that denies home loans to military veterans because they work in the marijuana industry. The underlying bill, the National Defense Authorization Act (NDAA), also contains a separate measure added in committee that would let military branches grant reenlistment waivers to personnel if they used marijuana once, or were convicted of a misdemeanor cannabis offense, while off duty. The Senate version of NDAA doesn’t have these marijuana riders, so it will come down to a conference committee to decide if they are included in the finished package.
In March, the House Financial Services Committee voted 45 to 15 to approve a bill to let banks service marijuana businesses without being punished by federal regulators.
Much of the progress on cannabis legislation so far this year is due to the fact that Democrats won control of the House and thereby replaced former Rules Committee Chairman Pete Sessions (R-TX)—who lost his own reelection bid—with new Chairman James McGovern (D-MA). The panel is responsible for preparing legislation for floor action and, among other things, decides which amendments are allowed to be voted on by the full body. Under Sessions’s control, the GOP majority blocked every proposed cannabis measure from advancing for the past several years. McGovern has allowed nearly all marijuana amendments to be considered on the floor, with the exception of one that had technical issues in violation of House rules.
It is worth noting that it hasn’t been all legislative victories for drug reform activists this year on Capitol Hill. A measure that Rep. Alexandria Ocasio-Cortez (D-NY) filed to remove roadblocks to research on the medical benefits of psilocybin, MDMA and other psychedelics was soundly defeated on the House floor, with a number of Democratic leaders joining the GOP in voting against it. And Blumenauer withdrew his own amendment to let Department of Veterans Affairs doctors issue medical cannabis recommendations after the administration pushed back against it. Planned committee votes on other veterans-focused marijuana legislation were canceled and haven’t yet been rescheduled.
And while supporters had anticipated a House floor vote on the cannabis banking bill prior to the August recess, that did not happen, and expectations have now shifted toward action in the fall.
Hearings On Cannabis Issues
An unprecedented number of hearings have already been held on Capitol Hill this year to zero in on specific issues caused by the growing gap between federal and state cannabis laws.
The Senate Banking, Housing and Urban Affairs Committee held a hearing on financial services access for marijuana businesses on July 23—a surprise to advocates following the earlier refusal of Chairman Mike Crapo (R-ID) to commit to considering the issue while cannabis remains federally banned. While the event was poorly attended by panel Republicans, it at least signals the GOP-controlled body’s willingness to discuss key reforms. It is unknown if or when the committee will vote on pending marijuana banking legislation that is currently cosponsored by nearly a third of all senators.
The Senate Agriculture Committee convened a July 25 hearing on federal officials’ efforts to implement the legalization of hemp that was part of the 2018 Farm Bill signed into law by President Trump late last year. Among those who testified were representatives from the U.S. Department of Agriculture, the Food and Drug Administration and the Environmental Protection Agency.
On the House side, the Judiciary Subcommittee on Crime, Terrorism and Homeland Security gathered on July 10 for a hearing on the need to end cannabis prohibition at which every witness—including the one called by the panel’s minority Republicans—supported far-reaching federal marijuana reform. Lawmakers from both parties also broadly voiced support for ending or scaling back prohibition, with most disagreement centering on how to achieve change instead of whether changes are needed.
The House Veterans’ Affairs Committee held two hearings this year at which legislators discussed proposals to increase military veterans’ access to medical cannabis. During a full panel session in June as well as a separate earlier meeting of the Subcommittee on Health, a key focus was on bipartisan proposals to force the Department of Veterans Affairs to at least study medical marijuana.
Also in June, the House Small Business Committee discussed challenges facing firms in the cannabis industry, including a lack of access to federally backed low-interest loans.
In February, the House Financial Services Consumer Protection and Financial Institutions Subcommittee convened to discuss banking access issues for marijuana businesses, a hearing that preceded full committee passage of legislation on the issue.
Marijuana Bills From Key Sponsors
No fewer than 61 individual cannabis-focused bills have been filed in the first seven months of the 116th Congress, and that doesn’t count a number of broader large-scale bills that happen to contain cannabis provisions. Beyond the sheer volume of legislation—already nearly the most in any single two-year Congress despite the fact that barely a quarter of the current one has so far elapsed—the names of the lead sponsors signal how seriously cannabis reform is now being taken on Capitol Hill
From committee chairs to presidential candidates, many of the most serious players in the House and Senate are stepping up to play leadership roles in the fight to reform federal marijuana laws.
Rep. Jerrold Nadler (D-NY), who strongly influences crime and drug policy as House Judiciary Committee chair, and Sen. Kamala Harris (D-CA), a presidential contender, teamed up to file companion bills that would not only federally legalize marijuana but invest in programs aimed at repairing some of the damage of the war on drugs.
House Small Business Committee Chair Nydia Velazquez (D-NY) introduced legislation to let marijuana firms utilize loans and other programs from the Small Business Administration and to increase the cannabis industry’s access to insurance coverage.
Senate Minority Leader Chuck Schumer (D-NY) and House Democratic Caucus Chairman Rep. Hakeem Jeffries (D-NY) filed bills to deschedule cannabis and set aside funding to support expunging prior convictions.
Every Democratic senator and representative currently running for their party’s 2020 presidential nomination has signed onto far-reaching cannabis legislation, with some taking extra initiative as the lead sponsors of bills.
Sen. Cory Booker (D-NJ), for example, filed a proposal called the Marijuana Justice Act, which would remove cannabis from the Controlled Substances Act (CSA) and punish states with discriminatory prohibition enforcement by withholding certain federal funds. Sen. Elizabeth Warren (D-MA) is a lead sponsor of bipartisan legislation to exempt state-legal marijuana activity from the CSA. Rep. Tulsi Gabbard (D-HI) filed bills to deschedule marijuana and to research hemp’s potential uses for everything from products for public school lunches to clearing contaminants from nuclear sites.
Sens. Michael Bennet (D-CO), Kirsten Gillibrand (D-NY), Amy Klobuchar (D-MI) and Bernie Sanders (I-VT), as well as Reps. Seth Moulton (D-MA) and Tim Ryan (D-OH)—all also presidential candidates—have signed onto cannabis reform proposals.
While Democrats have been much more likely to introduce or cosponsor marijuana reform bills so far this Congress, some measures have garnered significant bipartisan support.
Legislation to let banks serve cannabis businesses without fear of being punished by federal regulators, for example, has 206 House cosponsors—nearly half the chamber’s entire membership—including 26 Republicans. A companion Senate bill has 31 lawmakers signed on, including five GOP senators. And Warren’s bill, known as the STATES Act, also has five Republican cosponsors, with the companion House version touting 19 GOP signers.
Report Language On Cannabis
Beyond advancing legislation containing marijuana reform provisions, the House Appropriations Committee has included language directing federal agencies to take action on cannabis issues in several reports attached to spending bills this year.
In a document corresponding to legislation to fund the Departments of Labor, Health and Human Services and Education, the panel expressed concern that cannabis’s current federal classification impedes science, writing that “restrictions associated with Schedule I of the Controlled Substance Act effectively limit the amount and type of research that can be conducted on certain Schedule I drugs, especially marijuana or its component chemicals and new synthetic drugs and analogs.”
“At a time when we need as much information as possible about these drugs to find antidotes for their harmful effects, we should be lowering regulatory and other barriers to conducting this research,” the panel said, directing the National Institute on Drug Abuse to “provide a short report on the barriers to research that result from the classification of drugs and compounds as Schedule I substances.”
A separate report for legislation funding the Department of Justice urges the Drug Enforcement Administration to “expeditiously process any pending applications for authorization to produce marijuana exclusively for use in medical research,” expressing frustration that the federal government has so far not acted on more than two dozen pending proposals to grow cannabis for scientific studies.
A document attached to the Financial Services and General Government spending bill encourages the Office of Personnel Management to “review its policies and guidelines regarding hiring and firing of individuals who use marijuana in states where that individual’s private use of marijuana is not prohibited under the law of the State.”
“These policies should reflect updated changes to the law on marijuana usage and clearly state the impact of marijuana usage on Federal employment,” the report says.
Legislation on Agriculture, Rural Development and Food and Drug Administration funding has an attached report urging federal officials to issue hemp legalization regulations “as soon as possible” and identify “lawful federal regulatory pathways for CBD foods and dietary supplements if such pathways are consistent with protection of the public health.”
The committee also included a passage in the report attached to a bill funding the Department of Veterans Affairs decrying the “Department’s denial of home loan guarantees to Veterans solely on the basis of the Veteran’s documented income being derived from state-legalized cannabis activities” and directing it to provide an update on efforts to “prioritize investments in research on the efficacy and safety of cannabis usage among the Veteran population for medicinal purposes.”
There’s still nearly a year and a half left to go in the 116th Congress, and legalization advocates are hopeful that far-reaching reforms can pass one or both chambers, potentially making it to President Trump’s desk to be signed into law.
Michael Collins, director of national affairs for the Drug Policy Alliance, said that things are “off to a great start in the House,” calling the Judiciary Committee hearing and the introduction of its chairman’s bill “highlights” so far.
“But there is so much more to be done before we can celebrate undoing the horror that is marijuana prohibition,” he added.
Most immediately, activists will be watching to see if the House moves to pass cannabis banking legislation and potentially Judiciary Chair Nadler’s comprehensive marijuana reform bill when Congress returns from the August recess this fall.
Blumenauer, the pro-legalization congressman, said that he hopes the body will consider Nadler’s descheduling legislation “before the end of the year.”
“This is our blueprint in action, and I expect our momentum to continue,” he said, referring to a memo he issued to Democratic leaders last year laying out a committee-by-committee process through which the the party could build support toward ending cannabis prohibition in 2019.
On the other side of the Capitol, it remains to be seen whether the Senate Banking Committee will take up that chamber’s version of the cannabis financial services proposal following the hearing the panel held in July, or whether broader reforms such as the STATES Act or other marijuana legislation will be allowed to advance under Majority Leader Mitch McConnell (R-KY).
While bill introductions, hearings and report language are undoubtedly positive steps forward—especially in a quantity never before seen on Capitol Hill—they in and of themselves don’t change any laws, get anyone out of jail or repair the harms of the drug war.
Strekal, of NORML, said that “lawmakers are increasingly playing catch up with their constituents.”
“It’s our job as advocates to ensure that, as these elected officials evolve, they navigate their positions towards sound public policy, not simple political expediency,” he said.
But even if no other marijuana action were to happen on Capitol Hill this or next year—as unlikely as that would be—it is clear that the 116th Congress has already been the most marijuana friendly in history.
Image element courtesy of Tim Evanson.
Bipartisan Lawmakers Tell DEA To Let Researchers Study Marijuana From Dispensaries
A bipartisan coalition of lawmakers from the House and Senate sent a letter to the Justice Department on Friday, requesting a policy change allowing researchers to access marijuana from state-legal dispensaries to improve studies on the plant’s benefits and risks.
The letter, led by Rep. Harley Rouda (D-CA) and Sen. Brian Schatz (D-HI), cites feedback from federal health agencies, which have said that existing restrictions on cannabis have inhibited research. One problem in particular is that there’s only one federally authorized manufacturer of research-grade marijuana.
While the Drug Enforcement Administration (DEA) said that it is in the process of approving additional manufacturers, it’s been more than three years since they first announced that applications for more growers would be accepted and, more recently, the agency said it would have to develop alternative rules to approve proposals that have been submitted.
“At the same time, the status quo does not address a barrier to research raised by both [the National Institutes of Health] and [the Food and Drug Administration],” the lawmakers wrote in the new letter. That barrier is a ban on researchers being able to obtain marijuana from dispensaries.
“Both agencies recommended that researchers should be able to obtain cannabis from state-legal sources,” the letter states.
Today, @SenBrianSchatz and I sent a bipartisan letter to AG Barr, urging the DEA to amend current policies to improve research on cannabis.
It’s time to bring our drug research policies into the 21st century.https://t.co/bfpPUhUvQf
— Rep. Harley Rouda (@RepHarley) December 6, 2019
Further, the lawmakers said that there are “problems in industry development of licensed drugs with data from products obtained from third-parties, such as the University of Mississippi.”
“In many states, cannabis law and regulations already provide for licensing of industrial manufacturing activities, and products are available for medical use in those states, but not for research leading to FDA licensure,” they wrote.
“There is a need for a greater diversity of cannabis products so that research on benefits and risks reflects the realities of what consumers and patients are using. NIH and FDA have strongly recommended streamlining the process for conducting research and product development activities with cannabis and other Schedule I substances, and that the DEA take action to assure that interpretations of processes and policies are universally applied in local DEA jurisdictions.”
The lack of chemical diversity in the federal government’s cannabis supply has been repeatedly pointed out. One study found that the research-grade cannabis is more similar to hemp than marijuana in commercial markets.
To resolve the research issues, the coalition made two recommendations: 1) to amend internal policy “so as to allow researchers with Schedule I licenses to obtain cannabis-derived products from state authorized dispensaries for research purposes” and 2) issue guidance clarifying that hemp researchers do not need a DEA license to obtain and study hemp because it was federally legalized under the 2018 Farm Bill.
The letter requests a response from DEA by December 20.
A total of 21 members of Congress signed the letter, including Sens. Kamala Harris (D-CA) and Cory Gardner (R-CO), along with Reps. Earl Blumenauer (D-OR), Barbara Lee (D-CA) Matt Gaetz (R-FL) and Joe Kennedy (D-MA).
“Our nation’s cannabis research laws are archaic,” Rouda said in a press release. “Forty-seven states have legalized some form of cannabis consumption—we must ensure our federal agencies and other licensed institutions can comprehensively study the benefits and risks of cannabis products.”
“I thank Senator Schatz, and my colleagues on both sides of the aisle, for joining me to make this common-sense request,” he said. “It’s time to bring our drug research policies into the 21st century.”
Attorney General William Barr received a similar letter from lawmakers about the need to expand the number of federally authorized marijuana cultivators in April.
Read the lawmakers’ full letter on expanding marijuana research below:
Oregon Activists Begin Signature Gathering For 2020 Drug Decriminalization Initiative
Oregon activists have begun collecting signatures for a statewide initiative to decriminalize possession of all drugs.
Three months after petitioners quietly submitted the proposed ballot measure—titled the “Drug Addiction Treatment and Recovery Act” (DATRA)—the signature gathering process has started, with organizers deployed to Portland to raise support.
A long road lies before the activists, who need to collect 112,020 valid signatures from voters in order to qualify for the 2020 ballot. Funding and polling will decide whether they mount a full push for the decriminalization measure in the months to come.
To that end, their efforts are being helped by David Bronner, CEO of the soap company Dr. Bronner’s, who told Marijuana Moment on Thursday that he will be investing $250,000 in the decriminalization campaign. An additional $500,000 will go to a separate Oregon initiative to legalize psilocybin for therapeutic purposes.
The Drug Policy Alliance (DPA), which backed Oregon’s successful marijuana legalization initiative in 2014, is also supporting this new effort to make low-level drug possession an infraction punishable by a $100 fine with no jail time, rather than a misdemeanor. It remains to be seen how involved in the campaign DPA will be, however.
Peter Zuckerman, a chief petitioner for the decriminalization initiative, told OregonLive on Thursday that it’s not guaranteed that the campaign will proceed and that much rides on how much money the group can raise, whether there’s public support for the reform move and how staff recruitment comes together.
He said the main thrust of the measure is to take a “health-based approach to drug addiction rather than a criminal justice-based approach.”
The proposal caught the attention of Oregon’s teachers’ union, which said that it supports decriminalizing drug possession but wrote in a comment submitted to the secretary of state in October that it was not taking an official position because it’s concerned about another provision that would shift cannabis tax revenue away from schools.
DATRA would make it so most of that revenue would be used to fund addiction treatment programs.
At the same time that activists are collecting signatures and weighing whether to move ahead with the broad decriminalization initiative, another advocacy group is pushing for a measure to legalize psilocybin for therapeutic use, allowing individuals to receive treatment with the psychedelic fungus at licensed health facilities. The group launched its signature drive in September.
Advocates in Portland are also hoping to advance a local measure to decriminalize psilocybin and other psychedelics such as ayahuasca and ibogaine.
Bronner wrote in a blog post that the decriminalization and therapeutic psilocybin legalization campaigns are “already coordinating closely and conserving resources on the statewide signature drive.”
He told Marijuana Moment that “we see this as the perfect one two punch in Oregon, legalizing psilocybin therapy that has so much promise for treating drug addiction, at the same time Oregon shifts to a treatment not jail approach.”
“And 100 percent confident it’s coming together,” he said.
All of this comes amid a national movement to decriminalize psychedelics, with activists in almost 100 cities across the U.S. considering pushing for reduced penalties for substances such as psilocybin and ayahuasca. Decriminalize Nature, which is aiding in and tracking these efforts, is also receiving donations from Bronner, he said.
Decriminalization is also gaining traction on the national stage, with two presidential candidates—South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI)—voicing support for the policy change. Former Housing and Urban Development Secretary Julián Castro, another candidate, recently said that he’s open to broad decriminalization, while entrepreneur Andrew Yang backs decriminalizing opioids.
North Dakota Activists Submit Measure To Legalize Marijuana In 2020
North Dakota activists submitted a measure to legalize marijuana for adult use to state officials on Thursday, an organizer confirmed to Marijuana Moment.
Legalize ND, the group behind the proposed statutory initiative, delivered the measure to the secretary of state’s office. It’s expected to be validated within days, after which point petitions will be distributed to collect signatures in support of qualifying for the 2020 ballot.
It’s been about a year since organizers began working on the measure, which would allow adults 21 and older to possess and purchase cannabis for personal use. The proposal is more narrowly tailored than a legalization initiative from the same organization that voters rejected in 2018, however.
The previous version didn’t include any restrictions on cultivation or possession, and it didn’t involve a licensing scheme. By contrast, the new measure would prohibit home cultivation, limit possession to two ounces, impose a 10 percent excise tax and establish a regulatory body to approve licenses for marijuana businesses.
“One of the largest complaints from last time was the mantra of ‘poorly written,'” Legalize ND’s David Owen told Marijuana Moment in a phone interview. “They targeted the lack of legal experience from our team and they targeted a lack of ‘qualified lawyers’ to be drafting language that would go into the state’s statutory law.”
But he said he’s confident the campaign will be successful this time around, in part because they spent months drafting the language with the North Dakota Legislative Council.
Asked what he’d say to voters still on the fence about legalization, Owen replied that it would depend on what their initial concerns were:
“If it’s a concern over home grow, well it’s simple, we don’t have that anymore. If it’s a concern of people having too much, we have a reasonable possession limit now—in their eyes, I still think possession limits are fundamentally arbitrary, but they wanted a possession limit so we have that now. If people go, ‘well what about the quality of the language?’ I can point to how it’s literally written by Legislative Council, so either every attorney who works for the state of North Dakota is incompetent or this is well written.”
In order to qualify for next year’s ballot, the group must collect 13,452 valid signatures from voters before July 6, 2020.
“I think the most important thing isn’t what it would do, but what it would stop from happening,” Owen told local radio station KFGO on Wednesday. “We currently have a system where people are unable to find a job because of a criminal record, we have a system where people are continuing to get marijuana charges and lose their housing, we have families being separated because of parents losing custody over their children for marijuana charges. That all stops when this is legalized.”
Listen to Owen’s radio interview about the new marijuana ballot measure below:
Internal polling that received outside funding, which Owen said cannot be publicly released because of the wishes of the donor, shows the initiative is “slightly ahead” among voters.
In an earlier interview with Marijuana Moment in February, Owen said that it’s “very probable that we can do it” this time around, but much of that depended on the extent to which opposition campaigns are involved and how much funding outside groups are able to offer.
Currently, North Dakota has a medical cannabis program, and the governor signed legislation in May decriminalizing low-level marijuana possession.
Photo courtesy of Philip Steffan.