A key congressional committee released two reports on Monday that discuss policies surrounding marijuana, hemp and cannabidiol (CBD).
The documents published by the House Appropriations Committee are attached to annual spending bills that fund certain parts of the federal government, and some of their sections outline concerns about marijuana-impaired driving and the marketing of cannabis-derived products. One of the reports also lays out directives on funds to be used for the implementation of hemp regulations for the 2020 fiscal year.
The first report, which corresponds with legislation on Agriculture, Rural Development, the Food and Drug Administration (FDA) and related agencies, includes two cannabis sections.
One passage details concerns about CBD products that are currently being “marketed in violation” of federal law. At the same time, though, the committee is directing FDA to follow through with pledges to identify “lawful federal regulatory pathways for CBD foods and dietary supplements if such pathways are consistent with protection of the public health,” given that hemp-derived CBD was legalized under the 2018 Farm Bill.
“Cannabidiol Regulatory Pathway—The Committee is concerned about the proliferation of foods and dietary supplements marketed in violation of the Federal Food, Drug & Cosmetic Act (FFDCA), including products containing cannabis and cannabis-derived ingredients. Non-FFDCA-compliant products pose potential health and safety risks to consumers through unsubstantiated and misleading claims such as treating a wide-range of life-threatening diseases and conditions; excessive cannabidiol (CBD) concentrations that can result in harmful drug-drug interactions, somnolence, and elevated transaminases or liver toxicity; and the presence of significant levels of intoxicating compounds such as tetrahydrocannabinols (THC). The 2018 farm bill expressly preserves FDA’s public health authority to take appropriate actions regarding cannabis, including hemp and its derivatives. The Committee recognizes the FDA is considering a public regulatory process to evaluate the appropriateness, and possible parameters, of a regulatory pathway that would permit CBD in certain foods and dietary supplements. The Committee expects the FDA to assert its commitment to identifying lawful federal regulatory pathways for CBD foods and dietary supplements if such pathways are consistent with protection of the public health. Such pathways may include necessary public health and safety parameters that will protect the public health, such as labeling requirements and limits on CBD or other cannibis-derived ingredients in products, based upon anticipated total exposure levels. The Committee also expects the FDA to preserve the integrity of its drug development and approval processes, which ensures that products marketed for drug uses have undergone a rigorous scientific validation process demonstrating quality, safety and efficacy. It is also imperative that any FDA regulation of foods and dietary supplements containing CBD or other cannibis-derived ingredients preserve incentives to invest in robust clinical study of cannabis, so its therapeutic value can be more fully understood.”
Industry stakeholders got the chance to weigh in on the rulemaking process during a public hearing the FDA held last week.
Elsewhere in the same report, the House panel said that it was providing the U.S. Department of Agriculture (USDA) with roughly $16.5 million to facilitate the implementation of regulations for hemp and hemp-derived products “as soon as possible.”
“Hemp Production Program—The Committee understands that USDA is working on implementing the Hemp Production Program as authorized by the 2018 Farm Bill and encourages the Department to use existing resources to issue regulations as soon as possible. The bill includes $16,496,000 for implementation costs in fiscal year 2020. The Department is directed to provide the Committee with frequent status updates on the progress of implementation.”
Agriculture Secretary Sonny Perdue has pledged to release those guidelines in time for the 2020 planting season.
In a separate report on an appropriations for the Departments of Transportation, Housing and Urban Development and related agencies, the committee said that drug-impaired driving “remains a growing concern due to the increase in States legalizing marijuana use and the persistence of the opioid crisis.”
The panel urged the National Highway Traffic Safety Administration (NHTSA) to develop “a reliable standard for all types of impaired driving” but acknowledged that “developing a standard measurement of marijuana impairment, similar to blood alcohol concentration, remains unlikely in the near term.” As such, it is directing the agency to prioritize research into the creation of a standardized field sobriety test for cannabis.
The report sets aside $250,000 for NHTSA to support impaired driving detection programs for law enforcement.
“Drug-impaired driving—As drugged driving remains a growing concern due to the increase in States legalizing marijuana use and the persistence of the opioid crisis, the Committee supports the recommendations of the National Transportation Safety Board that DOT work with the Department of Health and Human Services to develop an impairment standard for drugs. The Committee urges NHTSA to coordinate research efforts with the States and other partners aimed at developing a reliable standard for all types of impaired driving, including marijuana impairment. The Committee directs NHTSA to continue its research efforts aimed at identifying and documenting drug-impaired drivers.
The Committee recognizes that developing a standard measurement of marijuana impairment, similar to blood alcohol concentration, remains unlikely in the near term and that resources are well spent on increasing law enforcement officers’ ability to detect driver impairment for multiple substances. The Committee directs NHTSA to continue to robustly support police training programs, particularly Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training, and to prioritize the study and development of a standardized field sobriety test (SFST) to detect marijuana impairment. These programs support law enforcement identification of people who may be impaired due to marijuana or other drugs. Of the amounts provided under the description Impaired and Drug Impaired Driving as part of NHTSA’s Highway Safety Programs, the Committee provides an additional $250,000 under this heading to support DRE and ARIDE.”
The current text of the related respective bills themselves do not include any cannabis-specific language, but amendments could be added during the full House Appropriations Committee markup that is scheduled for Tuesday, or when the bills come to the full House floor. Senate-side action on marijuana riders is also possible.
One piece of appropriations legislation that does include marijuana provisions was released on Sunday. The spending proposal from the House Appropriations Subcommittee on Financial Services and General Government stipulated that funds could not be spent to penalize banks for servicing cannabis businesses that are operating in compliance with state law.
That legislation also eliminates a longstanding rider that has prohibited Washington D.C. from spending its own tax dollars to legalize and regulate marijuana sales.
Three separate spending reports that reference cannabis policy were released last month. The House Appropriations Committee said it was interested in “lowering regulatory and other barriers to conducting” research into Schedule I drugs such as cannabis. It also called for studies into the potential use of CBD and kratom as alternatives to opioid-based painkillers.
On a similar note, the panel said in a manager’s amendment to a report tied to the appropriations bill covering the Justice Department that the Drug Enforcement Administration should “expeditiously process any pending applications for authorization to produce marijuana exclusively for use in medical research.”
The committee also included language in a report attached to legislation funding the Department of Veterans Affairs expressing concern about a policy that denies home loans to military veterans who work in the marijuana industry.
Photo courtesy of Nicholas C. Morton.
New York And Connecticut Governors Talk Marijuana Legalization On Fishing Trip
The governors of New York and Connecticut went fishing and talked about marijuana legalization on Tuesday.
The conversation comes after lawmakers in both states were unable to pass legalization legislation before their respective sessions’ ends this year, despite having the support of New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D).
“We talked about policy issues like the marijuana issue, which is obviously also relevant to contiguous states,” Cuomo said at a press conference following the fishing trip. “What Connecticut does on marijuana is relevant to New York, what New York does is relevant to Connecticut so we talked about that and a lot of issues. So we had fun.”
Watch Cuomo’s marijuana comments at about 5:00 into the video below:
Cuomo had described legalization as a top legislative priority for 2019 and included it in his state budget proposal. But after months of negotiations with lawmakers, the plan fell through, due in part to disagreements about how to allocate tax revenue and whether to allow individual jurisdictions to opt out of allowing cannabis businesses.
The governor did sign legislation in July that expands the state’s marijuana decriminalization policy and provides a pathway for expungements of past marijuana convictions.
Over in Connecticut, Lamont campaigned on legalization during his election bid last year and described it as one of his administration’s “priorities” after he took office. But as with neighboring New York, the legislature failed to advance a legalization bill beside multiple successful committee votes and hearings throughout the year.
The specifics of what the governors talked about during their fishing expedition on Lake Ontario aren’t clear, but both are presumably gearing up for another round of legislative efforts marijuana over the coming year and could take lessons from each other as reform talks continue.
Another East Coast state, New Jersey, has also struggled to move legalization legislation forward, with lawmakers saying that the issue should be taken up by voters in 2020 rather than pushed through the legislature, though there has been discussion lately about another try at moving a bill before year’s end. Gov. Phil Murphy (D) did sign a decriminalization and expungements bill in May, however.
Photo courtesy of CBS 6.
GOP Congressman Will Meet Attorney General To Discuss Expanding Marijuana Research
Rep. Matt Gaetz (R-FL) said on Monday that he will soon be speaking with the U.S. attorney general about expanding marijuana research.
The congressman, a close ally of President Trump, is a vocal proponent of medical cannabis and has argued that the federal drug scheduling system is hampering research into the plant’s therapeutic potential.
“I will be meeting with Attorney General Bill Barr in the coming weeks to discuss the Department of Justice’s approach to unlocking more research grants so that we can have American innovation applied to our health care in a way that can get people off of some of these devastating opioids and painkillers, and on to a more natural product,” he said following a radio town hall event.
Even under the framework of prohibition, the Justice Department is able to promote research by, for example, approving additional marijuana manufacturers—something the Drug Enforcement Administration (DEA) said it would do three years ago.
Barr has voiced support for expanding the number of federally authorized cannabis manufacturers.
“I think we’re going to move forward on it,” the attorney general said in April. “I think it’s very important to get those additional suppliers.”
Earlier this year, Gaetz joined congressional colleagues in leading a letter addressed to Barr and the head of DEA expressing frustration that the Justice Department has declined to take action despite its pledges. The lawmakers implored DEA to “do whatever you can to speed up and improve the research application process.”
Gaetz also introduced legislation that would force DEA to approve additional facilities to produce research-grade cannabis. A version filed last year cleared the Judiciary Committee in a voice vote, and he reintroduced the bill in January but it has not yet been acted upon.
Listen to Gaetz’s new cannabis comments, about 1:20 into the audio below:
DEA is facing two lawsuits regarding its approach to marijuana, including one that concerns the lack of diversity of research-grade cannabis since only one manufacture is currently authorized. The agency was ordered to respond to the suit by August 28.
Separately, a group of patients and advocates sued DEA over marijuana’s Schedule I status under the Controlled Substances Act, with a federal court directing the agency to “promptly” consider reclassifying cannabis.
Gaetz also spoke about the need to more broadly reform cannabis laws during the Monday remarks.
“The federal government listing marijuana as a Schedule I drug impairs financial transactions, it impairs research and it stops us from being able to unlock cures for some of America’s most vulnerable people,” the congressman said, adding that he’s a cosponsor of legislation that would deschedule marijuana that was introduced by Judiciary Chairman Jerry Nadler (D-NY).
Gaetz, who is also a member of the Judiciary Committee, said he is requesting that the panel hold a hearing on cannabis legislation. That’d mark the second such meeting after a Judiciary subcommittee convened last month to discuss paths to ending federal prohibition.
The congressman’s staff wasn’t able to provide Marijuana Moment with additional details regarding the meeting with Barr.
Photo courtesy of Meredith Geddings.
Elizabeth Warren’s Criminal Justice Plan Involves Legalizing Marijuana And Safe Injection Sites
Legalizing marijuana, granting clemency to people convicted of drug offenses and investing in harm reduction programs such as safe injection sites are part of a criminal justice reform plan that Sen. Elizabeth Warren (D-MA) released on Tuesday.
The 2020 Democratic presidential candidate stressed that the war on drugs has been carried out in a racially discriminatory manner, writing that it’s unfair that “a kid with an ounce of pot can get thrown in jail, while a bank executive who launders money for a drug cartel can get a bonus. It’s long past time for us to reform our system.”
“This failure [of the drug war] has been particularly harmful for communities of color, and we need a new approach,” she said. “It starts with legalizing marijuana and erasing past convictions, and then eliminating the remaining disparity between crack and powder cocaine sentencing.”
What’s more, the drug war “has criminalized addiction, ripped apart families—and largely failed to curb drug use” when a more effective system would treat addiction as a public health issue.
Next, we have to rethink what we choose to criminalize. That starts with repealing the 1994 crime bill—the bulk of which needs to go—and legalizing marijuana. Overcriminalization has filled prisons and devastated communities—and it's time for it to end.
— Elizabeth Warren (@ewarren) August 20, 2019
That includes diverting people who’ve been convicted of non-violent drug offenses to treatment programs and providing evidence-based resources for people suffering from addiction. For example, Warren’s plan calls for safe injection sites where people can use illicit drugs under the supervision of medical professionals who can help prevent fatal overdoses and get people into treatment. She also said needle exchange programs and expanding access to buprenorphine would reduce the opioid crisis.
“Instead of locking up people for nonviolent marijuana crimes, I’ve proposed putting pharmaceutical executives on the hook to report suspicious orders for controlled substances that damage the lives of millions.”
She also called for the abolition of certain mandatory minimum sentences and said that “people who struggle with addiction should not be incarcerated because of their disease.”
“Mass incarceration has not reduced addiction rates or overdose deaths, because substance abuse disorder is a public health problem — and it’s long past time to treat it that way,” the plan says. “We know that diversion programs are both more humane and a better investment than incarceration — for every dollar we invest in treatment programs, we can save $12 in future crime and health care costs.”
“And rather than incarcerating individuals with substance abuse disorders, we should expand options that divert them into programs that provide real treatment.”
Like Sens. Bernie Sanders (I-VT), Cory Booker (D-NJ) and South Bend, Indiana Mayor Pete Buttigieg, Warren’s criminal justice reform proposal also mentions executive actions she could unilaterally take.
Specifically, she wrote that the Justice Department should not hold authority to make clemency recommendations and it should instead be left up to an independent clemency board so that those eligible for a pardons and commutations are more quickly identified.
The president can grant clemency and pardons herself. I'll empower a clemency board to make recommendations directly to the White House, identifying broad classes of potentially-deserving individuals for review, such as those serving mandatory minimums that should be abolished.
— Elizabeth Warren (@ewarren) August 20, 2019
“I’ll direct the board to identify broad classes of potentially-deserving individuals for review, including those who would have benefited from retroactivity under the First Step Act, individuals who are jailed under outdated or discriminatory drug laws, or those serving mandatory minimums that should be abolished,” she said.
The plan’s unveiling comes two days after Sanders released his criminal justice reform proposal, which also called for marijuana legalization and the implementation of harm reduction policies such as safe consumption facilities.
Buttigieg’s plan stands out from his fellow Democratic candidates in at least one regard: the mayor said drug possession should broadly be decriminalized.
Warren also released a separate plan for Indian tribes last week that involves protecting tribal cannabis programs from federal intervention.
Photo courtesy of Edward Kimmel.