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Trump Attorney General Pick Puts Marijuana Enforcement Pledge In Writing

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William Barr, President Trump’s nominee to serve as the next U.S. attorney general, made headlines earlier this month when he pledged during his Senate confirmation hearing not to “go after” marijuana companies that comply with state laws.

Now, in response to written questions from senators, Barr is putting that pledge on paper, in black and white. He’s also calling for the approval of more legal growers of marijuana for research, and is acknowledging that a recent bill legalizing hemp has broad implications for sale of cannabis products.

“As discussed at my hearing, I do not intend to go after parties who have complied with state law in reliance on the Cole Memorandum,” he wrote, referring to Obama-era cannabis enforcement guidance that then-Attorney General Jeff Sessions rescinded last year.

That said, Barr isn’t committing to formally replacing the Cole Memo, which generally directed federal prosecutors not to interfere with state marijuana laws, with new guidance reiterating the approach.

“I have not closely considered or determined whether further administrative guidance would be appropriate following the Cole Memorandum and the January 2018 memorandum from Attorney General Sessions, or what such guidance might look like,” he wrote in response to a question from Sen. Cory Booker (D-NJ). “If confirmed, I will give the matter careful consideration.”

And Barr, who previously served as attorney general under President George H. W. Bush, says it would be even better if Congress got around to addressing the growing gap between state and federal marijuana laws.

“I still believe that the legislative process, rather than administrative guidance, is ultimately the right way to resolve whether and how to legalize marijuana,” he wrote in a compilation of responses delivered to the Senate Judiciary Committee on Sunday.

But even as Barr reiterated that he wouldn’t go after people and businesses that benefited from the Cole memo, he voiced criticism of policy directives like it and of the idea of legalization in general.

“An approach based solely on executive discretion fails to provide the certainty and predictability that regulated parties deserve and threatens to undermine the rule of law,” Barr wrote in response to a question from Sen. Dianne Feinstein (D-CA). “If confirmed, I can commit to working with the Committee and the rest of Congress on these issues, including any specific legislative proposals. As I have said, however, I do not support the wholesale legalization of marijuana.”

Nonetheless, legalization advocates were happy to see the nominee reiterating his non-enforcement pledge when it comes to state-legal businesses.

“It’s positive to see Barr make the same commitments on marijuana enforcement in writing as he did in the hearings,” Michael Collins, director of national affairs for the Drug Policy Alliance, said. “My hope is that he sends this message to all federal prosecutors so that states are given space to reform their outdated, broken, racist marijuana laws, and the country can turn the page on prohibition.”

Elsewhere in the 247-page document, Barr says that he supports expanding the number of institutions that are allowed to grow marijuana to be used in scientific research.

“I support the expansion of marijuana manufacturers for scientific research consistent with law,” he wrote in response to a question from Sen. Charles Grassley (R-IA). “If confirmed, I will review the matter and take appropriate steps.”

A single facility at the University of Mississippi has for half a century maintained a monopoly on the cultivation of cannabis for research, but due to concerns about the availability and quality of its products, the Drug Enforcement Administration in 2016 announced a process to license additional manufacturers. However, under Sessions, the Department of Justice has blocked the agency from acting on any of the several dozen applications it has received from would-be growers.

“I am not familiar with the details of these applications or the status of their review,” Barr wrote. “If confirmed, I can commit to reviewing the matter.”

Barr also acknowledged that, due to the passage of the Farm Bill and its hemp legalization provisions late last year, hemp-derived cannabidiol (CBD) and other components and products made from low-THC cannabis plants are legally distinct from those that come from marijuana.

“Products derived from hemp, including CBD, are therefore subject to different legal and regulatory restrictions than those derived from non-hemp marijuana plants under certain circumstances,” he wrote.

He also pledged to “look into” pending medical and scientific evaluations of CBD, which could lead to its formal rescheduling under the Controlled Substances Act.

All told, the cannabis comments indicate that if Barr is confirmed by the Senate, the Justice Department would be poised to take a very different approach to marijuana issues than it did under Sessions, who has long been a vocal legalization opponent.

“After decades of failed drug war, it’s difficult to grasp the progress we’ve made in just the past couple of years. From a hawkish attorney general who sent a chill through the industry and threatened to escalate enforcement to a nominee who put his hands-off federalist approach to prohibition in writing,” said Don Murphy, director of federal policies for the Marijuana Policy Project. “William Barr didn’t just wave the white flag, he signed a peace agreement.”

NORML Political Director Justin Strekal said Barr is “incredibly wise to acknowledge that the genie is out of the bottle when it comes to the marijuana reform movement.”

“Now is the time for the Department of Justice to work in good faith with the Senate Judiciary Committee on legislative solutions that address the senseless waste of law enforcement’s precious time and resources due to the failed federal policy of prohibition,” he said.

This piece was first published by Forbes.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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Bipartisan Lawmakers Tell DEA To Let Researchers Study Marijuana From Dispensaries

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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.

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:

FINAL Letter to DOJ Re. Can… by Marijuana Moment on Scribd

People Are Skipping Sleep Aids In Favor of Marijuana, Study Reports

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Oregon Activists Begin Signature Gathering For 2020 Drug Decriminalization Initiative

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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.

Scientist Talks Benefits Of Psychedelics At Federal Health Agency Event

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North Dakota Activists Submit Measure To Legalize Marijuana In 2020

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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.

Marijuana Summit Will Give Virginia Governor ‘More Tools’ To Back Legalization, Attorney General Says

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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