President Trump proposed ending an existing policy that protects state medical marijuana programs from Justice Department interference as part of his fiscal year 2021 budget plan released on Monday.
The rider, which has been renewed in appropriations legislation every year since 2014, stipulates the the Justice Department can’t use its funds to prevent states or territories “from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
This isn’t the first time that an administration has requested that the rider be stricken. Trump’s last two budgets omitted the medical cannabis protections language, and President Obama similarly asked for the policy to be removed. In all cases, Congress has ignored those requests and renewed the protections in spending bills.
During last year’s appropriations season, the House approved an even more expansive amendment that would have provided protections for all state and territory marijuana programs, rather than just medical cannabis systems. But the Senate did not follow suit and the provision was not included in final fiscal year 2020 legislation sent to Trump’s desk.
When Trump signed that large-scale spending legislation in December, he attached a statement that said he is empowered to ignore the congressionally approved medical cannabis rider, stating that the administration “will treat this provision consistent with the President’s constitutional responsibility to faithfully execute the laws of the United States.”
Cannabis is also mentioned in several other places in Trump’s new budget proposal for next year. For example, it contains another long-standing rider that blocks Washington, D.C. from using local tax dollars to legalize marijuana sales.
Separately, the plan requests that funds be set aside to help the Food and Drug Administration (FDA) invest “in priority activities,” including the “regulation of cannabis and cannabis derivatives.” FDA is actively developing regulations for CBD since hemp and its derivatives were federally legalized under the 2018 Farm Bill.
“FDA recognizes the potential opportunities that cannabis or cannabis-derived compounds may offer, and acknowledges the significant interest in these possibilities,” the agency said in a summary. “FDA is aware that companies market products containing cannabis and cannabis-derived compounds in ways that violate the law and may put consumer health and safety at risk.”
“Questions remain regarding the safety of these compounds,” it continued. “FDA is committed to protecting the public health and improving regulatory pathways for the lawful marketing of cannabis and cannabis-derived products within the agency’s jurisdiction.”
FDA said it was important to fund these regulatory efforts because it’s an example of an issue with “rising public health needs as growing
markets outpace increases to Agency resources.”
The agency requested $5 million to “continue enforcing the law to protect patients and the public while also providing potential regulatory pathways, to the extent permitted by law, for products containing cannabis and cannabis-derived compounds.”
“FDA is seeing a significant increase in activity relating to the marketing of unlawful cannabis-derived products, especially those containing cannabidiol (CBD), since the Farm Bill passed. In many cases, product developers make unproven claims to treat serious or life-threatening diseases, and patients may be misled to forgo otherwise effective, available therapy and opt instead for a product that has no proven value or may cause them serious harm.”
It also outlined how it intends to use the funds across four different branches within FDA.
About $4 million will be allocated to an initiative designed to “better regulate the usage of cannabis-derived substances, such as cannabidiol (CBD), in FDA-regulated products such as dietary supplements and when used as unapproved food additives.”
It will also “support regulatory activities, including developing policies and continue to perform its existing regulatory responsibilities including review of product applications, inspections, enforcement, and targeted research.”
Half a million dollars will go toward FDA’s Animal Drugs and Feeds Program in order to “strengthen its capacity to evaluate scientific data related to the safe use of cannabis and cannabis derivatives in animal products.”
FDA’s Office of Regulatory Affairs would receive $2 million to help “regulate and inspect establishments manufacturing FDA regulated products containing cannabis and cannabis-derived compounds.”
“The initiative will support regulatory activities, including developing policies and continue to perform its existing regulatory responsibilities including review of product applications, inspections, enforcement, and targeted research,” the agency said. “FDA must support oversight of increasing numbers of marketed FDA-regulated products containing cannabis-derived substances that may put the public at risk.”
Another “priority component” of the budget is to fund cleanup efforts for illicit marijuana grows on federal public lands.
The Office of National Drug Control Policy (ONDCP) would also take a serious budget hit under the president’s proposal. If enacted, ONDCP’s funding would go from the $425 million it was allotted for 2020 to just $29 million for 2021—an approximately 90 percent cut. Trump included a similar request in prior budgets, but Congress rejected the cuts
Some of those dollars for ONCDP would be transferred to the Drug Enforcement Administration (DEA) to “improve coordination of drug enforcement efforts among Federal, State, and local law enforcement agencies in the U.S.” through the High Intensity Drug Trafficking Area program, the document states. Other dollars for grants to local anti-drug groups would be moved to the Department of Health and Human Services.
ONDCP, which is an office within the White House, applauded Trump’s request for $35.7 billion to fund “counter-drug efforts” in a press release. Jim Carroll, the offices’s director, said “President Trump has brought a relentless, whole-of-government approach to combating the crisis of addiction in our country.”
“The FY 2021 budget request sends a strong message that, although we’ve seen signs of real progress, the Trump Administration will not let up in our efforts to save American lives,” he said. “Whether it is going after drug traffickers, getting people struggling with addiction the help they need, or stopping drug misuse before it starts, this budget request ensures our partners will have the resources needed to create safer and healthier communities across the Nation.”
The budget also prioritizes funding for the implementation of a domestic hemp program since the crop was legalized. It calls for $17 million for 2021 for the program, which “provides a national regulatory framework for commercial production of industrial hemp production in the U.S. through regulations and guidance.”
“In addition to those regulated under USDA plans, USDA approves state and Tribal nation plans to provide licensing services, technical assistance, compliance, and program management support,” the budget states. “In 2021, USDA will administratively implement fees to cover the Government’s full cost for providing services to beneficiaries of this program.”
Another current rider that prohibits the Justice Department from contravening an industrial hemp research program was proposed to be removed. However, that provision is essentially redundant under the new agriculture law, which transferred jurisdiction of the crop from DEA to the U.S. Department of Agriculture.
This story has been updated to include additional information about cannabis-related funding for FDA.
Photo courtesy of Philip Steffan.
DEA Seeks Contractor Capable Of Burning Four Tons of Marijuana Per Day
The Drug Enforcement Administration (DEA) recently reached out for help burning “at least” 1,000 pounds of marijuana per hour for eight hours straight.
Every year, DEA seizes millions of marijuana plants and literal tons of raw cannabis, which eventually end up being destroyed. The successful contractor in Arizona would be responsible for burning marijuana and other controlled substances seized as evidence in drug cases “to a point where there are no detectable levels, as measured by standard analytical methods, of byproduct from the destruction process.”
“DEA shall inspect the incinerator to ensure no drug residue remains,” the agency said.
DEA posted the work description earlier this month in what’s called a “sources sought notice,” an initial step before a formal request for proposals is sent.
“This is not a request for proposals and does not obligate the Government to award a contract,” the post says. “The Drug Enforcement Administration (DEA) is conducting market research, and is encouraging all businesses, including small businesses, to respond to this notice.”
An accompanying statement of work gives a behind-the-scenes look at the DEA’s process of destroying seized drugs. Typical boxes weigh between 40 and 60 pounds, for example, but can weigh up to 200 pounds. Contraband might come in on “semi-trucks, tractor trailers, cargo vans, fork lifts, etc.,” the work description says.
“The drugs are usually tightly compressed ‘bricks’ or ‘bales,’” it continues, and are packaged in all sorts of materials: cardboard, wrapping paper, plastic wrap, aluminum foil, packing tape, “duct tape and derivatives,” plastic evidence bags, “grease/oil” and others. Contractors will be expected to burn that stuff, too.
To avoid potential contact highs, there must be ”proper ventilation” and “no smoke buildup” will be allowed. Other mandates include closed-circuit cameras that capture the entire process, which DEA reserves the right to access, as well as background checks and regular drug tests of all personnel.
Armed DEA agents and contractors will be present during scheduled burns.
The work is also very hush-hush, so whoever gets the job shouldn’t expect to regale friends with stories of the latest large-scale federal weed burning sesh.
“The contractor and its personnel shall hold all information obtained under the DEA contract in the strictest confidence,” the work description says. “All information obtained shall be used only for performing this contract and shall not be divulged nor made known in any manner except as necessary to perform this contract.”
The work would start January 1 of next year and the contract would expire in 2026 unless terminated sooner. The deadline to send information for would-be contractors was Friday.
Photo courtesy of Chris Wallis // Side Pocket Images
Harris Will Give Biden ‘Honest’ Input On Legalizing Marijuana And Other Issues As Part Of ‘Deal’
Democratic vice presidential nominee Kamala Harris says she has a “deal” with Joe Biden to candidly share her perspective on a range of progressive policies he currently opposes, including legalizing marijuana. Separately, she also recently discussed cannabis reform in a private meeting with rapper Killer Mike.
During an interview on 60 Minutes that aired on Sunday, the senator was pressed on marijuana and numerous other issues where she and Biden disagree. In response, while she didn’t specifically commit to proactively advocating for comprehensive cannabis reform, she pledged in general that she would always share her views with the would-be president if the pair are elected next week.
“What I will do—and I promise you this and this is what Joe wants me to do, this was part of our deal—I will always share with him my lived experience as it relates to any issue that we confront,” she said after the interviewer listed cannabis legalization among a handful of issues on which she and Biden depart. “I promised Joe that I will give him that perspective and always be honest with him.”
If elected, would Kamala Harris advocate for Medicare for All, a plan Joe Biden doesn’t support?
— 60 Minutes (@60Minutes) October 26, 2020
Asked whether that perspective will be “socialist” and “progressive,” Harris laughed and said “no.”
“It is the perspective of a woman who grew up a black child in America, who was also a prosecutor, who also has a mother who arrived here at the age of 19 from India, who also, you know, likes hip hop,” she said.
The senator’s taste in music also came up during her own 2020 presidential bid, when she said in an interview that she listened to Snoop Dogg and Tupac while smoking marijuana during college despite graduating before those artists released their debut albums.
Music culture has played a key role in this election cycle, and one of the strongest voices for criminal justice reform in the industry is Killer Mike, who worked as a surrogate for Sen. Bernie Sanders (I-VT) when he was running for the Democratic presidential nomination. The artist said he met with Harris on Friday and the two discussed cannabis business opportunities for communities of color.
Just had a meeting with Sen. Harris.
My points *Dems Need to be heavy on the door Knox’N, HR40 tweek it better and have Biden Sign, Fed Trades Programs for worker class Americans so u can build, Black men exit prison and entrance to marijuana biz as a priority for biz and jobs
— Killer Mike (@KillerMike) October 23, 2020
As she’s done repeatedly since joining Biden’s campaign, Harris also reiterated at a rally in Pontiac, Michigan on Sunday that the administration would pursue marijuana decriminalization and expunging prior cannabis convictions.
She made similar comments during a campaign event in Atlanta last week, stating that the “war on drugs was, by every measure, a failure, and black men were hit the hardest.” That said, while the senator has come to embrace broad cannabis reform, she’s faced criticism over her past opposition to legalization and role in prosecuting people for marijuana offenses as a California prosecutor.
In another interview released last week, Harris said she and Biden “have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses.”
“When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits,” she said.
There’s been some frustration among cannabis reform advocates that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization but has in recent weeks focused her comments on the more modest reforms of decriminalization and expungement.
Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.
In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”
In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.
Photo element courtesy of California Attorney General’s Office.
GOP Tennessee Senator Calls For Medical Marijuana Legalization In New Campaign Ad
A Tennessee senator touted his support for legalizing medical marijuana in a campaign ad released on Friday.
In the 30-second spot, which has notably high production value for this kind of local race, state Sen. Steve Dickerson (R) talks about both the therapeutic benefits of cannabis and the consequences of broader marijuana criminalization.
“As your state senator, I’ve led the fight to legalize medical marijuana so our veterans and sickest Tennesseans can deal with chronic pain,” he said. “But this same life-saving plant has led to mass incarceration, with nonviolent marijuana possession resulting in lengthy prison sentences.”
It’s past time for Tennessee to legalize medical cannabis and give our sickest residents a smart, safe treatment to help with chronic pain. Legalization and securing criminal justice reform have been my top priorities, and I won’t stop fighting until we’ve changed the law. pic.twitter.com/28eFUy3loZ
— Steve Dickerson (@DickersonforS20) October 23, 2020
“I think that’s wrong. That’s why I’ve been pushing for criminal justice reform,” the senator added.
Dickerson, who sponsored a medical cannabis legalization bill that cleared a Senate committee in March, said in a Q&A published earlier this month that the policy change would be among his top three legislative priorities if he’s reelected.
His Democratic opponent, former Oak Hill Mayor Heidi Campbell, is in favor of “fully legalizing marijuana,” with her campaign site stating that cannabis crimes “disproportionately impact people of color and it’s time to end marijuana prohibition.”
But while Dickerson has earned a reputation as a moderate Republican given his positions on issues like cannabis reform, he’s faced backlash after declining to denounce an independent ad taken out on his behalf that some, including the LGBTQ rights organization Tennessee Equality Project (TEP), called racist.
The ad, which was paid for by Lt. Gov. Randy McNally’s (R) political action committee MCPAC, hits Campbell over her support for a nonprofit organization that is designed to keep young people out of prison, and it frames the group as “radical” and “extremist.” TEP rescinded their endorsement of Dickerson over his refusal to condemn the ad.
In the Tennessee legislature, marijuana reform has yet to pass—but there’s growing recognition that voters are in favor of the policy change. For example, former House Speaker Glen Casada (R) released the results of a constituent survey last year that showed 73 percent of those in his district back medical cannabis legalization.
Another former GOP House speaker, Beth Harwell, highlighted her support for the reform proposal during her unsuccessful bid for governor in 2018, and she referenced President Trump’s stated support for medical marijuana on the campaign trail.
In other Tennessee drug policy politics, a lawmaker in June blocked a resolution to honor murdered teen Ashanti Posey because she was allegedly involved in a low-level cannabis sale the day she was killed.
Photo courtesy of Philip Steffan.