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Trump Budget Proposes Ending State Medical Marijuana Protections And Blocking DC From Legalizing

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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.

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Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Marijuana Bill Up For House Vote Could ‘Reverse’ Federal-State Policy Gap, Congressional Research Service Says

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A bill to federally legalize marijuana that is scheduled for a House vote next week could “reverse” the current cannabis policy gap that exists between states and the federal government, a new Congressional Research Service (CRS) report says.

In an analysis of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that was published on Wednesday, CRS described the various complications resulting from ongoing federal prohibition as more states opt to legalize cannabis for medical or recreational purposes. The research agency said the legislation could inadvertently create a new schism where federal policy would be more progressive than those of certain states.

That’s because the bill does not require states to stop criminalizing cannabis, and so jurisdictions with prohibition still on the books could continue to punish people over marijuana even as such activity is legalized at the federal level.

“If the MORE Act became law, it could create a new divide between federal and state law—essentially the reverse of the current marijuana policy gap, since federal marijuana law would become less strict than some state laws,” CRS wrote. “The MORE Act could also highlight the inconsistency between marijuana laws in different U.S. jurisdictions by repealing the uniform federal prohibition and leaving in place a patchwork of varying state laws.”

The MORE Act, whose lead sponsor is Judiciary Committee Chairman Jerrold Nadler (D-NY), would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

The legislation would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.

“Congress may be content to allow states to experiment with varying approaches to marijuana regulation,” CRS said. “In the alternative, Congress might prefer a more uniform approach, whether that approach is to criminalize or decriminalize marijuana, or something in between. However, while Congress can pass legislation creating a uniform federal policy, there are limits to its ability to affect state law.”

The agency said that while lawmakers lack the “constitutional authority to alter state criminal law,” they could “preempt state law through Commerce Clause legislation” or “encourage states to change their laws through the use of the spending power.”

To that end, while the MORE Act does not create a federal regulatory structure for cannabis or force states to change their own laws, it does include provisions that incentivize the adoption certain local reform policies. For example, it offers federal funding for “eligible states” that take steps to expunge prior cannabis convictions and stop penalizing people on parole for marijuana-related offenses.

“Congress could also invoke its spending power to encourage states to regulate marijuana more stringently, and has previously used the spending power to shape drug policy in targeted ways,” CRS said.

These and other considerations will likely be the subject of significant debate when the House takes up the MORE Act next week.

House Majority Leader Steny Hoyer (D-MD) announced on Friday that the bill will be taken on the floor as soon as Wednesday.

He had previously said this summer that the chamber would vote on the legislation in September, but that plan was postponed following pushback from certain centrist Democrats who worried about the optics of advancing cannabis reform before passing another coronavirus relief package.

The bill cleared Nadler’s more than a year ago and has been awaiting floor action since.

Even if the far-reaching reform does pass in the Democratic-controlled chamber, as it’s expected to with some bipartisan support, it remains unlikely that the Senate will follow suit, at least during this Congress. Majority Leader Mitch McConnell (R-KY) is a champion of the hemp industry but staunchly opposes further marijuana reform.

Even so, a symbolic vote for legalization could send a strong signal to the incoming Biden administration. Vice President-elect Kamala Harris (D-CA) is the lead Senate sponsor of the MORE Act, but she’s indicated she will not necessarily proactively push the former vice president to evolve further on cannabis reform.

Given Biden’s former approach to championing punitive anti-drug legislation as a senator and his ongoing obstinance on marijuana legalization at a time when polls show that a clear majority of Americans favor the policy change, there remains some skepticism about his willingness to make good on his campaign promises to achieve more modest reforms he has endorsed, such as decriminalizing possession and expunging records.

A transition document the incoming Biden-Harris administration released this month left out mention of those cannabis pledges.

That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”

For what it’s worth, Rep. Earl Blumenauer (D-OR) told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.

CRS, in its new report, also discussed broader drug policy reform efforts taking place at the state level and locally, such as Oregon’s recent vote to decriminalize possession of all currently illicit drugs. The agency noted moves to decriminalize psychedelics specifically in Washington, D.C., too.

These “current trends suggest that there may be a broader movement toward decriminalizing controlled substances,” CRS said. “Comprehensively addressing such changes is outside the scope of the MORE Act, but Congress may wish to monitor developments in this area when considering future legislation.”

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Federal Marijuana Legalization Bill Will Get A Congressional Vote Next Week, Leader Announces

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A bill to federally legalize marijuana will receive a full floor vote in the U.S. House of Representatives next week, a top Democratic leader in the chamber announced on Friday.

House Majority Leader Steny Hoyer (D-MD) said the chamber will take up the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act some time between Wednesday and Friday. The floor schedule announcement comes weeks after the leader first confirmed that the House would advance the proposal before the year’s end.

Early in the week, the bill is first expected to go before the House Rules Committee, which prepares legislation for floor action and decides which amendments can be made in order for consideration by the full body.

Hoyer previously said that the chamber would vote on the legislation in September, but that plan was postponed following pushback from certain centrist Democrats who worried about the optics of advancing cannabis reform before passing another coronavirus relief package. Several moderates ended up losing their reelection races this month on the same dat that voters in several red states approved legalization measures, however, raising questions about their strategic thinking on the politics of marijuana.

“I’ve been working on this issue longer than any politician in America and can confidently say that the MORE Act is the most comprehensive federal cannabis reform legislation in U.S. history,” Rep. Earl Blumenauer (D-OR) said in a press release. “Our vote to pass it next week will come after people in five very different states reaffirmed the strong bipartisan support to reform the failed cannabis prohibition. National support for federal cannabis legalization is at an all-time high and almost 99 percent of Americans will soon live in states with some form of legal cannabis.”

“Congress must capitalize on this momentum and do our part to end the failed policy of prohibition that has resulted in a long and shameful period of selective enforcement against communities of color,” he said.

The House approving the bill during the presidential transition could also raise the pressure on President-elect Joe Biden to embrace legalization—a policy he’s declined to adopt despite supermajority support among Democratic voters.

As currently written, the MORE Act, whose lead sponsor is Judiciary Committee Chairman Jerrold Nadler (D-NY), would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

The legislation would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.

All of those provisions are subject to change through amendments over the coming week.

“This floor vote represents the first congressional roll call ever on the question of ending federal marijuana criminalization,” NORML Political Director Justin Strekal told Marijuana Moment. “By advancing the MORE Act, the House of Representatives sends an unmistakable signal that America is ready to close the book marijuana prohibition and end the senseless oppression and fear that this failed policy wreaks on otherwise law-abiding citizens.”

“Americans are ready to responsibly legalize and regulate marijuana, and this vote shows some lawmakers are finally listening,” he said.

The bill cleared Nadler’s more than a year ago and has been awaiting floor action since.

Even if the far-reaching reform does pass in the Democratic-controlled chamber, as it’s expected to with some bipartisan support, it remains unlikely that the Senate will follow suit, at least during this Congress. Majority Leader Mitch McConnell (R-KY) is a champion of the hemp industry but staunchly opposes further marijuana reform.

Even so, a symbolic vote for legalization could send a strong signal to the incoming Biden administration. Vice President-elect Kamala Harris (D-CA) is the lead Senate sponsor of the MORE Act, but she’s indicated she will not necessarily proactively push the former vice president to evolve further on cannabis reform.

Given Biden’s former approach to championing punitive anti-drug legislation as a senator and his ongoing obstinance on marijuana legalization at a time when polls show that a clear majority of Americans favor the policy change, there remains some skepticism about his willingness to make good on his campaign promises to achieve more modest reforms he has endorsed, such as decriminalizing possession and expunging records.

A transition document the incoming Biden-Harris administration released this month left out mention of those cannabis pledges.

That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”

For what it’s worth, Rep. Earl Blumenauer (D-OR) told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.

Marijuana Legalization Opponents Ask Courts To Overturn Voters’ Will In Several States

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Two-Track Effort To Allow Psychedelic Mushrooms In Washington State Launches Amid Broader Drug Decrim Push

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Drug reform advocates won big in Oregon this year, with separate ballot measures to decriminalize possession of all drugs and legalize psychedelic mushrooms for therapeutic use passing on Election Day. Now organizers are setting their sights on similar reforms next door in Washington State with two newly announced efforts.

One seeks to utilize existing administrative mechanisms to expand access to psilocybin mushrooms for therapeutic use by patients in end-of-life care. The other, a proposed ballot initiative on track for 2022, would put Washington on par with Oregon, decriminalizing small-scale possession of all drugs and legalizing mushrooms for broader therapeutic use.

These efforts come after advocates already announced a separate plan to lobby lawmakers to pass a bill decriminalizing all drugs in 2021.

A healthcare professional is behind the first new psilocybin push via the administrative route. Dr. Sunil Aggarwal, a Seattle physician who specializes in end-of-life care, is hoping to win permission from state and federal regulators to cultivate psilocybin mushrooms and use them to treat patients.

“We know that it’s a naturally occurring substance that we can cultivate safely, we know how to dose it, and there’s really good reason to believe it can help,” Aggarwal said of psilocybin, the main active ingredient in entheogenic mushrooms.

Aggarwal and his clinic, the Advanced Integrative Medical Science Institute, hope to secure legal access to psilocybin for end-of-life patients under state and federal laws that allow patients with terminal diseases to try investigational medications that haven’t been generally approved.

In 2018, President Donald Trump signed the federal “Right to Try Act,” which would give certain patients access to drugs that have not yet been cleared by the U.S. Food and Drug Administration for broad use. Psilocybin, along with marijuana and MDMA, appears to fit the criteria for the law, including having completed a phase 1 clinical trial and being under active development. Washington State adopted a similar law in 2017.

In September, Aggarwal applied to the Washington State Department of Health’s Pharmacy Quality Assurance Commission for a license to grow psilocybin mushrooms with the eventual goal of using them to treat patients in palliative care. The state commission has yet to review the application, Kaiser Health News reported this week.

Aggarwal would also need to obtain approval from the federal government, namely the U.S. Drug Enforcement Administration (DEA). “We’re still working on formulating an application to them,” he told Marijuana Moment in a phone interview, adding that his team is consulting with lawyers for guidance.

As for a timeline on the applications? “I wish I could tell you,” Aggarwal said. “There’s really no way to know. This has never been tried before that we’re aware of.”

Meanwhile, more sweeping statewide reform could come in the form of a 2022 ballot question. A top backer of both of Oregon’s successful drug-reform initiatives recently said Washington is the next state on his list.

David Bronner, CEO of Dr. Bronner’s soap company, has long bankrolled drug reform campaigns. In Oregon last election, he gave $3.4 million to Measure 109, which legalized psilocybin for therapeutic use, and $1 million to Measure 110, which decriminalized all drugs.

Bronner recently told the Daily Beast that he’d like to see Washington voters pass both reforms—medical psilocybin and broader drug decriminalization—in a single initiative on the state’s 2022 ballot.

“It’s moving faster than I would’ve thought,” he said. “I would not have thought we’d be ready for the kind of reforms we’re seeing, and it’s gratifying. I just think we can go further in 2022 and 2024.”

Bronner added that he hopes to team up with other drug-reform funders, such as Mark Zuckerberg and George Soros, to maximize their policy impact. “If we all line up as one grand coalition, we can run twice as many ballot measures in a given cycle,” he told the Daily Beast. “We’re working hard on figuring that out.”

In the meantime, another group of activists in the state are continuing their push for drug decriminalization. Treatment First Washington hopes to see lawmakers take up a proposed decriminalization measure next year that closely resembles Oregon’s Measure 110.

The group originally planned to qualify the Washington measure for the 2020 election, but organizers stopped collecting signatures in the spring due to the COVID-19 pandemic.

As with Oregon’s recently passed decriminalization measure, Treatment First Washington’s proposal would remove criminal penalties for drug possession, expand treatment for substance misuse and pay for that treatment with tax revenue from the state’s legal cannabis industry.

Aggarwal, the Seattle doctor applying to cultivate mushrooms, said that any of the reform efforts would likely help expand access for his patients.

“This effort would definitely be a lot easier if we had decriminalization,” he said, explaining that treatment could work similarly to how the clinic currently deals with marijuana.

“We kind of do this with cannabis in our office already,” he said. “People can do cannabis-assisted therapy sessions where they bring their own, and there’s a vaporizer and they can have a session with a decriminalized drug.”

Aggarwal said he filed the application because dying patients can’t wait for broader reform through the legislature or the ballot box.

“We just don’t have time to wait for that for patients who are sick now,” he said. “These are patients that really have exhausted legally available psychedelic-assisted therapy, which is ketamine, and I think there’s still a need for more… They need help now and not in 2022.”

Marijuana Legalization Opponents Ask Courts To Overturn Voters’ Will In Several States

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