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Vermont Will Legalize Marijuana In Early January, House Speaker Says

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A top Vermont lawmaker says the state could become the first in the U.S. to legalize marijuana through an act of lawmakers early next year.

“It will be up for a vote in early January,” House Speaker Mitzi Johnson (D) said on Friday. “I expect that it likely will pass in early January.”

In 2017, the state fell just short of enacting legalization. The legislature passed a bill to legalize personal cannabis possession and homegrow, but Gov. Phil Scott (R) vetoed it. However, in doing so, he laid out a few small changes he wanted legislators to make in order to win his support. The Senate quickly acted to make the requested revisions, but the House was not able to jump through procedural hurdles to get it done in time during a short special session over the summer.

Because the legislature operates on a biennial basis, the bill is still alive, and the House just needs to take one more vote to get the bill onto the governor’s desk.

Last week, Scott said he is “comfortable” signing a marijuana legalization bill into law early next year.

Johnson, in the Friday interview with Vermont Public Radio, said there “hasn’t been a significant shift” in support in the legislature since the momentum for legalization that built up earlier this year.

“We do have agreement with the governor and with the Senate on what that bill currently says,” she said.

Vermont Governor “Comfortable” Legalizing Marijuana In Early 2018

All eight states that have ended cannabis prohibition to date have done so via ballot measures approved by voters. Reform supporters think that either Vermont or New Jersey, where Gov.-elect Phil Murphy (D) campaigned on legalization, will be the first state to end prohibition through an act of lawmakers.

Vermont’s approach would be different than the laws that exist in other states, in that it would enact a noncommercial form of legalization where only possessing small amounts of cannabis and growing a few plants at home would be legal. There would initially be no licensed stores where consumers could purchase marijuana, but the Senate-passed legislation would create a commission to study possible future commercialization.

New Jersey lawmakers, on the other hand, are expected to consider full-scale commercial legalization right away, something that Murphy repeatedly argued on the campaign trail is necessary to undermine the illegal market.

Because Vermont’s compromise bill has already cleared one chamber and now just needs approval from the other, the state seems poised to get its legislation across the finish line sooner than the Garden State can act.

But in the interview last week, Scott said it might make sense for lawmakers to make some small tweaks.

That’s because during the legislative recess he proactively created a marijuana legalization study commission via executive order.

“Part of that bill is no longer needed,” Scott said, referring to its commission provisions.

Johnson, in the new interview, said the commission “will provide some suggestions for further action,” such as potentially legalizing and regulating cannabis sales.

“We’ll be looking into further legislation to really go about this in as thoughtful and responsible a way as possible,” she said.

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.)

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Senate Votes To Send Hemp Legalization To President Trump’s Desk

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The Senate approved a far-reaching agriculture bill that includes a provision to legalize industrial hemp on Tuesday.

The vote gets the U.S. one step closer to ending its decades-long prohibition of a non-psychoactive plant in the cannabis family, empowering farmers to cultivate and sell a lucrative crop that can be used to create an exceptional range of products—from cosmetics to concrete.

The Senate and House Agriculture Committees had reconciled their respective versions of the 2018 Farm Bill last month, and lawmakers said they hoped to get it passed before the year’s end.

It seems Congress is positioned to meet that projection. The bill passed 87-13 in the Senate, and the House is expected to take it up soon. If the House approves the bill, it will be sent to President Donald Trump’s desk to be signed into law.

While debate on the legislation extended over several months, it quickly became apparent that the hemp legalization provision had bipartisan support. Separately, a compromise was reached over a provision that would ban people with felony convictions from participating in the hemp industry. The ban would be lifted after 10 years under the current legislation.

Hemp would no longer be controlled by the Justice Department if it’s ultimately approved. Instead, the U.S. Department of Agriculture would lightly regulate the crop.

Senate Majority Leader Mitch McConnell (R-KY), Sen. Ron Wyden (D-OR) and others cheered the inclusion of legal hemp in the Farm Bill.

You can read the full text of the hemp legalization provisions in the Farm Bill here.

Next House Agriculture Committee Chair Might Grow Hemp On His Farm

Photo courtesy of Brendan Cleak.

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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Trump Threatens Government Shutdown, Raising Concern For Legal Marijuana Industry

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President Donald Trump is threatening to shut down the government if Democrats refuse billions of dollars in funding for a border wall—but the consequences of that action would extend far beyond border security.

If the president makes good on his promise to withhold his signature from essential appropriations bills this time, that could inadvertently leave the legal marijuana industry vulnerable to federal drug enforcement actions. A spending bill rider that has protected state medical cannabis programs from federal intervention since 2014 would expire, while the Justice Department and prosecutors would generally remain operational.

That’s because the Department of Justice has a contingency plan in place in the event of a government shutdown, and it exempts many employees, including U.S. attorneys and those who work for the Drug Enforcement Administration (DEA), from furlough.

“Criminal litigation will continue without interruption as an activity essential to the safety of human life and the protection of property,” the Justice Department explains in its contingency plan. U.S. attorneys are protected because they’re presidentially appointed and “are needed to address ongoing criminal matters and civil matters of urgency throughout the nation.”

“All agents in DEA field organizations are excepted from furlough because they support active counternarcotics investigations,” the document says.

The so-called Rohrabacher-Farr amendment would not be exempted, though. The legislation—which bars the Justice Department from using federal funds to interfere with state medical cannabis laws—is part of the the Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. While five out of the 12 annual appropriation bills for Fiscal Year 2019 have already been signed into law by the president, the CJS bill is yet to receive House of Senate floor votes.

Typically, the deadline to get appropriations passed is the end of the preceding fiscal year, September 30. But rather than hold a vote or allow federal departments to lose funding, lawmakers have passed a series of continuing resolutions this year, providing temporary funding and pushing back the deadline. The most recent two-week continuing resolution passed on December 7, so the new deadline is December 21.

It lawmakers don’t pass, or President Trump doesn’t sign, either a full-year or temporary extension of funding by then, the medical cannabis rider will expire, but federal drug enforcement capabilities will not. And that would leave medical marijuana patients and the businesses that serve them in a dicey position.

Similar concerns about the prospect of federal marijuana enforcement have been repeatedly raised under the Trump administration. In January, things seemed especially precarious, as the president’s threat of a government shutdown came weeks after then-Attorney General Jeff Sessions rescinded an Obama-era memo that provided guidance on federal cannabis enforcement practices.

That decision stoked fears that a shutdown would empower the Justice Department to act on the attorney general’s vehement opposition to marijuana reform. But after fewer than three days, a continuing resolution passed and state-legal marijuana activities continued unimpeded.

This time around, as the deadline approaches, the Justice Department head is Acting Attorney General Matthew Whitaker, who had served as Sessions’s chief of staff. Whitaker has said he sympathizes with medical cannabis patients, but he’s also criticized the Obama administration for its marijuana enforcement policies.

There’s no telling at this point whether Whitaker, the DEA or federal prosecutors would take advantage of broad exemptions from furlough and crack down on legal medical marijuana states in the event of a shutdown. But as always, the possibility puts the cannabis industry is an uncomfortable position.

Bipartisan Lawmakers Push For Marijuana Protections In Funding Bill

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.
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Lawmakers From Both Parties Celebrate Hemp Legalization In The Farm Bill

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Members of Congress on both sides of the aisle are celebrating a hemp legalization provision that made it into the final version of the 2018 Farm Bill.

Perhaps no one is more pleased than Senate Majority Mitch McConnell (R-KY), who fought for the provision over months of debate on the wide-ranging agriculture legislation. He even signed the conference report finalizing the bill language with a hemp pen on Monday.

In opening remarks from the Senate floor on Tuesday, McConnell said the inclusion of hemp legalization is “a victory for farmers and consumers throughout our country.” It builds on the progress of the hemp pilot program he helped put in the 2014 Farm Bill, the results of which he said “have been nothing short of extraordinary.”

“Now American-grown hemp can be found in your food, in your clothes and even in your car dashboard,” he said. “The results mean jobs, economic growth and new opportunity.”

“At a time when farm income is down and growers are struggling, industrial hemp is a bright spot of agriculture’s future.”

Sen. Ron Wyden (D-OR) helped McConnell secure hemp legalization in the agriculture legislation and said “the outrageous and outdated ban on growing hemp has hamstrung farmers in Oregon and across the country” in a press release Tuesday.

“Hemp products are made in America, sold in America, and consumed in America,” Wyden said. “Now, hemp will be able to be legally grown in America, to the economic benefit of consumers and farmers in Oregon and nationwide.”

Fellow Oregon lawmaker Rep. Suzanne Bonamici (D-OR) also cheered the “good news” that the provision made the cut.

Sen. Michael Bennet (D-CO) touted hemp legalization in a tweet Tuesday.

“The finish line is in sight,” Bennet wrote. “Now Congress needs to do what’s right for Colorado & send this bill to [President Trump’s] desk by the end of the year.”

Sen. Mark Warner (D-VA) celebrated the hemp provisions as well.

As did Sen. Cory Gardner (R-CO).

Lawmakers are hoping to put the Farm Bill to a full House and Senate vote and deliver the legislation to the president this week. McConnell said on Tuesday that members of Congress should be prepared to work through the holiday break to make sure this and other bills, including criminal justice reform and legislation to fund parts of the federal government for Fiscal Year 2019, are seen all the way through.

Next House Agriculture Committee Chair Might Grow Hemp On His Farm

Via YouTube/Senate Majority Leader Mitch McConnell.

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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