Connect with us

Politics

Trump Budget Guts Drug Czar’s Office

Published

on

President Trump is proposing to slash funding for the White House Office of National Drug Control Policy (ONDCP) by more than 90 percent.

Under the president’s 2019 budget proposal released on Monday, ONDCP, commonly referred to as the drug czar’s office, would receive just over $29 million in funding next year, compared to more than $385 million for this year.

One of the office’s largest efforts, the High Intensity Drug Trafficking Areas (HIDTA) program, would be transferred to the Department of Justice under the proposal, which will need approval from Congress to be enacted.

Another significant ONDCP program, the Drug-Free Communities Support Program, would be transferred to the Substance Abuse and Mental Health Services Administration.

Late on Friday, the president named top White House aide Jim Carroll as acting head of ONDCP. As reported by CNN, Carroll’s departure from the White House was “sparked by [Chief of Staff John] Kelly’s dissatisfaction with his work.”

That, combined with the significant proposed budget cut, signals that the administration doesn’t see ONDCP as a key part of its anti-drug strategy.

The Trump budget document implies that the shifting of programs away from the office will “enable ONDCP to focus resources on its core mission: to reduce drug use and its consequences by leading and coordinating the development, implementation, and assessment of U.S. drug policy.”

But the move is likely to spur bipartisan pushback. Last year, a leaked White House Office of Management and Budget document floated a similar move, but the president did not end up actually proposing the ONDCP cuts after members of Congress from both parties strongly objected.

The new Trump plan would give U.S. Attorney General Jeff Sessions, an ardent opponent of marijuana legalization, greater control over the nation’s anti-drug efforts.

“To further enhance the Department [of Justice’s] efforts to concentrate law enforcement resources on drug traffickers in the most critical regions, the Budget proposes to transfer the High Intensity Drug Trafficking Areas program from the Office of National Drug Control Policy to the DEA,” the new document says. “Consolidating anti-drug law enforcement efforts in the DEA would better focus resources on the most dangerous, complex, and interjurisdictional drug trafficking organizations in the United States.”

Although drug policy activists have often clashed with ONDCP over its opposition to legalization and other reforms, a leading group called the proposed shift of HIDTA away from the office “deeply concerning.”

“This Reagan-era program incentivizes state and local law enforcement to make drug arrests and then send the bill to the federal government, increasing incarceration and allowing states to shirk fiscal responsibility for their actions,” the Drug Policy Alliance said in a press release. “HIDTA should be eliminated, not moved, or at a minimum reformed to ensure the program focuses on high-level traffickers.”

Cannabis-Related Budget Provisions

The president’s budget request proposes continuing a congressionally-approved provision that prevents the Justice Department from interfering with state industrial hemp research programs

SEC. 716. None of the funds made available by this Act or any other Act may be used—

(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or

(2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.

But it does not contain a broader current rider that protects state medical cannabis laws from federal interference.

However, the request seeks to revert to earlier budget language that may allow Washington, D.C. to spend some of its own money legalizing and regulating marijuana sales instead of continuing broader language that Congress enacted last year.

SEC. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

(b) None of the funds contained in this Act may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.

Advocates have argued that the “contained in this Act” clause of part (b) allows the District of Columbia to spend some of its separate contingency reserve funds on legalization, whereas newer language enacted into law in 2017 bars the city from using money “available for obligation or expenditure by the District of Columbia government under any authority” for such purposes.

Photo courtesy of Gage Skidmore.

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.)

Politics

Four Governors Talk Marijuana Reform During Major Speeches In A Single Day

Published

on

Governors in at least four states talked about their goals for marijuana reform during separate speeches on Tuesday.

The day kicked off with New York Gov. Andrew Cuomo (D) offering details on planned cannabis legalization legislation in a State of the State speech outlining his annual budget proposal.

“Legalize adult-use cannabis,” Cuomo, who previously called marijuana a “gateway drug,” said. “Stop the disproportionate impact on communities of color and let’s create an industry that empowers the poor communities that paid the price and not the rich corporations who come in to make a profit.”

His plan involves imposing a 20 percent state tax and 2 percent county tax on cannabis transfers from wholesalers to retailers. The plan would also tax cultivators $1 per gram on dry flower and a $0.25 per gram on trim.

Across the border, New Jersey Gov. Phil Murphy (D) dedicated a significant portion of his State of the State address to marijuana policy.

The governor started by touting medical cannabis expansion in the state, which has “given more of our veterans have access to medical marijuana to treat their [post-traumatic stress disorder] so they can get their lives back, and go to work or school.” He then pivoted to the broader benefits of full legalization.

“By legalizing adult-use marijuana—first and foremost—we can reverse the inequality and unfairness left from years of failed drug policies and shift public safety resources to where they can do the most good,” Murphy said. “We must ensure that those with a past mark on their records because of a low-level offense can have that stain removed, so they can move forward to get a stable job or an education.”

Legal marijuana “will also allow us to broadly benefit from creating an entirely new and legal industry, much as we did last year with sports betting,” he said. “We are learning from the states that went before us on what not to do, but we are also seeing the positive economic impacts.”

“Massachusetts’ new industry is creating an estimated 19,000 new jobs. And, in Colorado, legalization fostered an industry that has an annual statewide economic impact measured at $2.4 billion, with 18,000 new jobs created in research, agriculture, processing, and retail. We can do that here, and in a smart way that ensures fairness and equity for minority-owned businesses and minority communities.”

In New Mexico, newly sworn-in Gov. Michelle Lujan Grisham (D) reiterated her pledge to make opioid addiction a qualifying condition for medical cannabis in the state.

She said she will “direct my Health Department to adopt the longstanding recommendation from the Medical Cannabis Advisory Board” to add the condition as a means to reduce opioid abuse.

And in Washington state, Gov. Jay Inslee (D) talked about his recently launched Marijuana Justice Initiative, which allows individuals with a simple possession marijuana conviction going back to 1998 to apply for an expedited pardon. An estimated 3,500 Washington residents qualify for a pardon under the program.

“We are going to write an even brighter chapter of our Washington story,” Inslee said during his State of the State address. “We’re the state offering to pardon thousands of people with misdemeanor marijuana convictions.”

If there were any questions about whether marijuana was going to be a hot political topic in 2019, these and a flurry of other recent speeches from governors across the country should put those doubts to rest.

Besides the four who spoke about marijuana in major addresses on Tuesday, Illinois Gov. J.B. Pritzker (D) again committed to fully legalizing cannabis during his inaugural address on Monday. And last week, West Virginia Gov. Jim Justice (R) said in his State of the State speech that the lack of action on medical cannabis was “hurting” patients, Virginia Gov. Ralph Northam (D) advocated for decriminalization in his State of the Commonwealth address and Colorado Gov. Jared Polis (D) touted hemp and legal marijuana during his State of the State address.

Illinois Governor Pledges To Legalize Marijuana In Inaugural Address

Photo courtesy of Max Pixel.

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.
Continue Reading

Politics

Trump Attorney General Nominee Won’t Go After Legal Marijuana Businesses And Urges Congress To Act

Published

on

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.

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.

“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.

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.”

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.”

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.

Where Trump’s Pick For Attorney General Stands On Drug Policy

Photo courtesy of The Washington Post/YouTube.

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.
Continue Reading

Politics

New York Gov. Cuomo Releases Marijuana Legalization Details

Published

on

New York Gov. Andrew Cuomo (D), who only recently flipped from calling marijuana a “gateway drug” to endorsing its legalization, released details on Tuesday that shed light on exactly how he wants to end cannabis prohibition in 2019.

“Legalize adult-use cannabis,” Cuomo said in his State of the State speech. “Stop the disproportionate impact on communities of color and let’s create an industry that empowers the poor communities that paid the price and not the rich corporations who come in to make a profit.”

Under the plan, which the governor is including in his annual budget request to lawmakers, marijuana would be legal for adults over the age of 21.

Cuomo is proposing a 20 percent state tax and 2 percent county tax on marijuana transfers from wholesalers to retailers, in addition to a $1 per gram tax on dry flower for cultivators, along with a $0.25 per gram tax on trim.

The governor said that legalization “will create the good union jobs that we need.”

His administration estimates that the move will eventually generate roughly $300 million in annual tax revenue, though counties and large cities would be allowed to opt out of legal sales—something that could potentially impact revenue.

Speaking of revenue, funds would be earmarked for a state traffic safety committee, small business development, substance abuse services and other programs.

The proposal would create a new Office of Cannabis Management to regulate the marijuana industry and would prohibit cultivation license holders from also operating retail outlets.

The plan would also create a process to review and seal prior marijuana conviction records.

The governor is proposing to ban home cultivation of marijuana by recreational consumers, though the plan would allow medical cannabis patients and their caregivers to grow their own medicine.

Cuomo formally endorsed legalizing cannabis for the first time in a December speech in which he laid out his priorities for New York’s 2019 legislative session. It was the culmination of his evolution on cannabis issues over the course of the past year or so.

Earlier, in August, during the course of a contentious primary race with the pro-legalization actress Cynthia Nixon, the governor formed a working group to draft a legalization bill after a state Department of Health report, which he commissioned, found that the benefits of legal cannabis outweigh its potential consequences.

Earlier this month, Cuomo reiterated the promise to enact legalization during his inaugural address at the start of his third term as governor.

The prospects for legalization are believed to have gotten a significant boost from the fact that Democrats took control of the state Senate in November’s midterm elections after years of being in the minority.

Senate Republicans, for their part, seem poised to accept the fact that legalization is on the way and are taking steps to focus their efforts on arguing how cannabis tax revenue is earmarked rather than trying to oppose the end of prohibition.

“If New York State legalizes marijuana, we will propose that all tax revenues from marijuana sales go to tax relief – not to fuel more spending,” the caucus wrote in a budget document of their own on Tuesday.

The Cuomo administration, for its part, released several lengthy documents outlining the governor’s marijuana proposal.

See below for excerpts of explanatory documents from the governor’s office:

“Enact the Cannabis Regulation and Taxation Act. The Executive Budget proposes to regulate and control the manufacture, wholesale, and retail production, distribution, transportation, and sale of cannabis, cannabis related products, medical cannabis, and hemp cannabis within the State of New York, for the purposes of fostering and promoting temperance in their consumption, to properly protect the public health, safety, and welfare, and to promote social equality.

“This bill would impose three taxes on the adult-use of marijuana. The first tax is imposed on the cultivation of cannabis at the rate of $1 per dry weight gram of cannabis flower and $0.25 per dry weight gram of cannabis trim. The second tax is imposed on the sale by a wholesaler to a retail dispensary at the rate of 20 percent of the invoice price. The third tax is imposed on the same sale by a wholesaler to a retail dispensary at the rate of 2 percent of the invoice price, but collected in trust for and on account of the county in which the retail dispensary is located.

“Revenues from the State cannabis taxes will be expended for the following purposes: administration of the regulated cannabis program, data gathering, monitoring and reporting, the governor’s traffic safety committee, small business development and loans, substance abuse, harm reduction and mental health treatment and prevention, public health education and intervention, research on cannabis uses and applications, program evaluation and improvements, and any other identified purpose recommended by the director of the Office of Cannabis Management and approved by the Director of the Budget.”

New York Marijuana Plan by on Scribd

More New York Marijuana Plan by on Scribd

The full legislative language is available here.

Illinois Governor Pledges To Legalize Marijuana In Inaugural Address

Photo elements courtesy of Metropolitan Transportation Authority and Carlos Gracia.

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.
Continue Reading
Advertisement

Stay Up To The Moment

Marijuana News In Your Inbox


Support Marijuana Moment

Marijuana News In Your Inbox