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Trump Issues Signing Statement On Medical Marijuana Provision Of Funding Bill

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President Trump said during his 2016 election campaign that he supports the right of states to legalize marijuana and that he personally supports medical cannabis. But in signing a federal spending bill into law on Friday that contains a rider preventing the Justice Department from interfering in state medical marijuana laws, the president went out of his way to make clear that he reserves the right to ignore the cannabis provision.

“Division C, section 537, provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories,” he said in a signing statement. “I will treat this provision consistent with the President’s constitutional responsibility to faithfully execute the laws of the United States.”

While the passage is a bit hard to parse on its own, here’s what you need to know:

Presidents typically use signing statements to flag provisions of laws they are enacting which they believe could impede on their executive authorities. By calling out the medical cannabis rider, Trump is making clear that his administration reserves the right to broadly enforce federal drug laws against people complying with state medical marijuana laws even though Congress just told him not to.

That being said, it does not mean that a crackdown is on the way—and this isn’t the first time Trump has singled out the marijuana rider, which has been part of annual federal spending legislation since 2014.

In May 2017, when signing that fiscal year’s appropriations bill into law, he included a very similar proviso in his signing statement.

“Division B, section 537 provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories,” he wrote at the time. “I will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed.”

But no raids against state-legal medical marijuana patients or providers followed, not even under ardently anti-cannabis then-Attorney General Jeff Sessions.

Now, as Trump signs the new statement, he has a new attorney general, William Barr, who pledged during his confirmation hearing and in writing that he would not “go after” marijuana businesses operating under state laws, medical or otherwise.

The president’s new signing statement also calls out other sections of the large-scale annual funding bill, such as one requiring advance notice to Congress when carrying out certain military actions as well as provisions on recognizing foreign governments, receiving ambassadors and transferring Guantanamo detainees to the U.S., among several other issues.

Trump issued no such statement singling out provisions of any kind when he signed the 2018 spending bill into law.

Trump Attorney General Pick Puts Marijuana Enforcement Pledge In Writing

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

Cory Booker Endorses Bill To Legalize Marijuana In New Jersey

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Efforts to legalize marijuana in New Jersey received a high-profile endorsement on Friday, with U.S. Sen. Cory Booker (D-NJ) voicing support for the bill in a statement.

The senator, who is a 2020 Democratic presidential candidate and also sponsored congressional legislation to end federal cannabis prohibition, is the latest in a growing list of political leaders who’ve advocated for the bill, which was approved by state Senate and Assembly committees earlier this week and is expected to receive floor votes in both chambers on Monday.

“New Jersey is the first state in the country to couple decriminalizing marijuana with strong criminal justice reform measures to redress the decades of immense harm inflicted by an unfair system,” Booker said. “All too often, communities of color and low-income individuals are unjustly impacted by our broken drug policies, but by including measures to expunge records and reinvest in the communities most impacted, our state has the opportunity to lead in prioritizing social justice.”

The bill’s focus on social equity provisions has been critical in shoring up support as the legislature gets closer to a vote. Gov. Phil Murphy (D) has been putting out calls to advocates and lawmakers to get the legislation advanced, which would fulfill a campaign promise of his.

“With this bill, New Jersey legislators can send a strong message to the country that marijuana legalization and social justice must be inextricably linked,” Booker said. “I’m hopeful our state will succeed in setting this example.”

It’s been a complicated process to form a coalition united around passing legalization in New Jersey. Disagreements between the governor and lawmakers about certain aspects of the bill such as tax rates and regulatory structures were finally resolved earlier this month when a compromise was reached. And amendments to expand expungement provisions gave the mayors of the state’s two largest cities proper assurance to back the legislation.

That said, Newark Mayor Ras Baraka (D) and Jersey City Mayor Steven Fulop (D) continue to push for automatic expungements, as opposed to virtual expungements. Murphy said that automatic expungements is not a feasible policy.

“Now more than ever, we must work together,” the mayors said in a statement on Friday. “Again, we stand in unison in support of this legislation that could potentially become New Jersey’s law. We should aim to become a model state from which other states can clearly follow. We should address these issues in a manner that protects our communities and the people that live here.”

On Thursday, the governor’s office also released a list of quotes from lawmakers, activists and spiritual leaders voicing support for the legalization legislation.

“If we have learned anything at all, it is that the status quo has been disproportionately unfair to minority communities,” Assembly Speaker Craig Coughlin (D) said. “This bill is a step in the right direction to correct that inequality.”

Senate President Steve Sweeney (D) agreed, saying the legalization bill will “advance social justice, legal justice and economic justice in meaningful ways.”

“This is an opportunity for continued progress as we strive for a society that respects the rights of everyone,” he said.

Whether the legislation will be approved is yet to be seen. NJ.com is keeping track of where lawmakers currently stand on the bill, and as of Friday afternoon their online whip count shows that a majority in the Senate plan to vote against it, while votes allocated so far in the Assembly are roughly even.

New Jersey Lawmakers Approve Marijuana Legalization Bill

Photo courtesy of Jamelle Bouie.

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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Connecticut Lawmakers Hold Two Simultaneous Hearings On Marijuana Legalization Bills

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Two Connecticut committees held hearings on bills to legalize marijuana and expand the state’s medical cannabis program on Friday.

The proposed legislation would permit adults 21 and older to possess, purchase and consume certain amounts of marijuana for personal use. The House bill also includes a number of social equity provisions that are meant to encourage people from communities that were disproportionately impacted by prohibition to participate in the legal industry.

While reform advocates generally support the bills, they’ve also made a series of recommendation to increase the focus on restorative justice and to include policies such as allowing home cultivation.

In the legislature’s General Law Committee, witnesses including a commissioner for the state’s medical cannabis program and social equity advocates testified about HB 7371. That bill would establish a governor-appointed commission to regulate the industry, give licensing priority to individuals from communities most impacted by the drug war and require the commission to conduct a study on permitting a home grow option and microbusinesses.

“The time has come to move this forward. We think this is a fantastic start [and] there is definitely some amazing language in here,” Jason Ortiz, president of Connecticut United for Reform and Equity (CURE), said at the hearing. “There’s just some other pieces that we think undermine the really good parts that we can strike out and maybe amend and move the basic ideas forward.”

Advocates want to change the legislation so that home cultivation and microbusinesses are allowed from the outset, for example.

“Marijuana prohibition was borne of misinformation and racism and it continues to be enforced unequally to this day,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), testified.

Over in the Judiciary Committee, experts dedicated significant time to testimony about the public health and safety impacts of cannabis legalization. Lawmakers pressed the witnesses on issues such as labeling requirements, what kinds of edibles should be allowed, impaired driving and the mental health affects of consuming high-THC marijuana varieties.

The bill before that panel, SB 1085, would also legalize cannabis for adult use. But the legislation has a focus on expungements for individuals with prior marijuana convictions for possession of 1.5 ounces or less.

As with the House bill, advocates are supportive of the spirit of the legislation but feel certain provisions fall short. For example, MPP said that expungements should apply to convictions for any kind of cannabis conviction. The organization also called for a home grow option, which is not included in either legalization bill under consideration.

Two other pieces of cannabis legislation were discussed at the Judiciary committee hearing. One would create a misdemeanor penalty for driving while consuming marijuana and provide $500,000 in funding for law enforcement to train officers as drug recognition experts. The other bill specifies that employers don’t have to provide special accommodations for employees who use cannabis while working.

As one of the states considered most likely to legalize cannabis in 2019, the hearings offer another example of how the conversation around reform has shifted from “should it be legal” to “how should it be legal,” with the hearings largely concentrated on defining and promoting social equity provisions.

If either bill makes it through the legislature, Gov. Ned Lamont (D) is expected to sign.

He’s called the issue one of his “priorities” for the current legislative session and spoke about the issue during a budget speech last month.

Committee votes are expected on Monday.

Military Veterans Organizations Press Congress On Medical Marijuana Research

Photo courtesy of Brian Shamblen.

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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GOP Lawmakers Want Marijuana Banking Vote Delayed In Congress

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A key congressional committee is scheduled to vote on far-reaching legislation that would expand marijuana businesses’ ability to store their profits in banks on Tuesday.

But key Republican lawmakers on the panel are now asking Chairwoman Maxine Waters (D-CA) to delay the vote.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Read the full letter seeking a delay in the marijuana banking vote below:

GOP seeks delay on marijuan… by on Scribd

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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