At his confirmation hearing on Tuesday, attorney general nominee William Barr said he would not go after marijuana companies that have operated in compliance with earlier Justice Department guidance that was rescinded last year by his predecessor, Jeff Sessions.
He also encouraged Congress to address the conflict between federal and state cannabis policies.
“My approach to this would be not to upset settled expectations and the reliant interests that have arisen as a result of the Cole memorandum,” Barr said, referring to a memo on federal marijuana enforcement priorities that Sessions revoked in early 2018. “However, I think the current situation is untenable and really has to be addressed. It’s almost like a backdoor nullification of federal law.”
Sen. Cory Booker (D-NJ) asked Barr what he would do to address the issue and whether he felt it was “appropriate to use federal resources to target marijuana businesses that are in compliance with state law.”
“I’m not going to go after companies that have relied on Cole memorandum,” Barr replied. “However, we either should have a federal law that prohibits marijuana everywhere, which I would support myself because I think it’s a mistake to back off marijuana. However, if we want a federal approach—if we want states to have their own laws—then let’s get there and get there in the right way.
William Barr to @CoryBooker: We either should have a federal law that prohibits marijuana everywhere, which I would support myself, 'cause I think it's a mistake to back off on marijuana. However, if we want a federal approach, if we want states to have their own laws…" (cont.) pic.twitter.com/EgogMltZsu
— CSPAN (@cspan) January 15, 2019
Booker, who has sponsored a bill to remove cannabis from the Controlled Substances Act and penalize states where marijuana enforcement is disproportionate, said he was glad to hear Barr’s comment on not taking action against state-legal marijuana businesses.
Sen. Kamala Harris (D-CA) also pressed Barr about his stance on federal marijuana enforcement. She asked whether the nominee intended to use the limited federal funds at his disposal to go after cannabis businesses in compliance with state law.
HARRIS: You do not intend to use fed resources to enforce fed marijuana law in states that have legalized?
BARR: “That’s right. But I think i’s incumbent on the Congress to make a decision as to whether we are going to have a federal system.” pic.twitter.com/owWekY9PqP
— Aaron Rupar (@atrupar) January 15, 2019
“No, I thought I answered that by saying that to the extent that people are complying with the state laws—distribution and production and so forth—we’re not going to go after that,” Barr said. That said, “I think it’s incumbent on the Congress to make a decision as to whether we’re going to have a federal system or whether it’s going to be essential federal law. This is breeding disrespect for the federal law.”
Sen. Cory Gardner (R-CO), who has sponsored broad marijuana reform legislation that last year earned an endorsement from President Trump, said he is “encouraged” by Barr’s statements.
I plan on speaking with him about taking a states' rights approach to regulating the legal marijuana industry in further detail in our meeting prior to his confirmation vote. 2/3
— Cory Gardner (@SenCoryGardner) January 15, 2019
When it comes to Colorado’s legal marijuana industry, states’ rights must be protected. My bipartisan STATES Act respects the will of the people in each state and I will continue to fight to pass this landmark legislation. 3/3
— Cory Gardner (@SenCoryGardner) January 15, 2019
Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment that “Barr’s comments on not going after state-legal marijuana are a welcome development, and a break with his predecessor.”
“He should now commit his department to working with Congress on a solution to the state vs. federal conflict, so that we can reform our outdated marijuana laws in a way that is consistent with racial justice values,” Collins said.
Other advocates saw the comments as positive, though one noted that Barr seems to personally opposed marijuana law reform even while he indicated he wouldn’t interfere with the implementation of state laws.
“While it is encouraging that William Barr committed to not enforce federal prohibition, his insistence that he believes in the policy of prohibition is a clear signal that the Department of Justice will continue to be led by an individual who refuses to acknowledge the successful implementation of reforms in states throughout the nation,” Justin Strekal, political director of NORML, told Marijuana Moment.
Strekal said Barr’s pledge not to interfere in state-legal marijuana activities gives Congress “a clear mandate to take action and end the underlying policy of federal criminalization.”
Don Murphy, director of federal policies for the Marijuana Policy Project, told Marijuana Moment that Barr’s newly stated stance effectively “green lights the marijuana industry” in spite of concerns reform advocates expressed about the Trump administration after the 2016 presidential election. He said the exchange represented a “big win for marijuana policy reformers.”
“Senator Booker delivered for advocates and AG nominee Barr delivered for the industry.”
Also at the hearing, Booker questioned the nominee’s broader views on mass incarceration and racial disparities in the criminal justice system. Barr defended his earlier call for increased incarceration in the 1990s, saying it was made in the context of historically high crime rates and was directed at chronic, violent offenders.
But he also agreed to commission a Justice Department study about racial disparities in the criminal justice system and recognized that harsh penalties for non-violent drug crimes have specifically “harmed the black community—the incarceration rate on the black community.”
Harris also challenged Barr to “take a look at the more recent perspective on the drug crisis that is afflicting our country.”
.@KamalaHarris: There's understanding that the war on drugs was an abject failure. America has an addiction crisis & putting the limited resources of our fed. govt. into locking up people who suffer from a public health crisis is probably not the smartest use of taxpayer dollars. pic.twitter.com/lxC9sNTIsk
— Legal Defense Fund (@NAACP_LDF) January 15, 2019
She said there’s “now an understanding that the war on drugs was an abject failure, that America frankly has a crisis of addiction and that putting the limited resources of our federal government into up locking people who suffer from a public health crisis is probably not the smartest use of taxpayer dollars.”
A few moments ago I reminded Attorney General nominee William Barr that the War on Drugs has been an abject failure.
America has an addiction crisis and we should be putting our resources toward combatting drug addiction, not locking people up.
— Kamala Harris (@KamalaHarris) January 15, 2019
One of the last senators to question Barr during the first round, Sen. Thom Tillis (R-NC), also brought up cannabis. He asked whether it was fair to characterize the nominee’s statements as essentially imploring Congress to settle the issue, regardless of where he personally stands on marijuana policy.
“That’s generally fair, yes,” Barr said.
This story has been updated to include additional comments from Barr, Booker, Gardner, Harris and Tillis, as well as marijuana policy reform advocates.
Photo courtesy of The Washington Post/YouTube.
Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer
“These aren’t just numbers and there are families attached.”
By Ned Oliver, Virginia Mercury
Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.
The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.
Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.
The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.
Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.
The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.
“As of right now, the process is proceeding,” he said.
The Virginia Joint Commission on Cannabis Oversight is meeting now. You can find the agenda and links to livestream and to provide public comment at https://t.co/f1wsPn7SV7
— Jennifer McClellan (@JennMcClellanVA) October 14, 2021
Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.
Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.
They said it remains unknown how many more are being held because of marijuana related probation violations.
“These aren’t just numbers and there are families attached,” Burger said.
DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone
The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.
In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.
DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.
It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.
LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.
Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.
Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:
For all other THC, psilocybin, psilocyn and MDMA:
And for other psychedelic substances like LSD, mescaline and DMT:
DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.
“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.
“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”
Here are the exact numbers for the proposed 2021 and 2022 quotas:
|All other tetrahydrocannabinol||1,000||2,000|
A 30-day public comment period will be open after the notice is formally published on Monday.
It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.
National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Image element courtesy of Kristie Gianopulos.
Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred
The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.
The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.
Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.
Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.
But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.
Disappointed but not surprised U.S. Supreme Court declined to hear our case. We’re pursuing our claims in federal court. As that litigation proceeds, Biden administration will have to take a position, which it avoided by waiving its right to respond to our Supreme Court petition.
— Safehouse (@SafehousePhilly) October 13, 2021
“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”
That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.
“If they don’t respond, they lose,” Goldfein said.
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.