Members of a key congressional committee convened for a first-ever hearing on ending marijuana prohibition on Wednesday, engaging in informed conversations about the issue that largely embraced evidence and avoided resorting to fear mongering, demonstrating a broad consensus that major cannabis reforms are needed.
But there was some disagreement and debate over what reform legislation should look like and the best strategy to advance it.
The meeting of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee marks a significant development in the marijuana reform movement. As advocates suspected in advance, lawmakers seemed to regard the question of whether to reform federal marijuana laws as a given and used the hearing to discuss how to regulate cannabis.
Those issues included social equity in the legal industry, repairing the harms of prohibition and investing in communities that have been disproportionately impacted by the drug war.
“Applying criminal penalties with their attendant collateral consequences for marijuana offenses is unjust and harmful to our society,” Judiciary Committee Chairman Jerrold Nadler (D-NY) said. “The use of marijuna should be viewed instead as an issue of personal choice and public health.”
Watch the hearing, titled “Marijuana Laws in America: Racial Justice and the Need for Reform” below:
While the meeting didn’t largely focus on specific cannabis bills, multiple relevant proposals have been introduced this session—ranging from bipartisan legislation that would simply allow states to set their own marijuana policies to bills that would fully deschedule cannabis and include social equity provisions—and there was some discussion and disagreement raised about certain legislation.
“The war on drugs was racially biased from its inception and has been carried out in a discriminatory fashion with disastrous consequences for hundreds of thousands of people of color and their communities,” Chairwoman Karen Bass (D-CA) said in her opening statement.
Rep. Tom McClintock (R-CA), the acting ranking member of the subcommittee, said that marijuana decriminalization “may be one of the very few issues upon which bipartisan agreement can still be reached in this session” and that it “doesn’t require endorsing cannabis.”
The congressman also argued that Democratic leadership “has decided to play the race card in this hearing” by framing the issue in terms of racial justice and that the “left does enormous harm every time it tries to divide Amerians along racial lines.”
Nadler pushed back against McClintock’s characterization, emphasizing that “marijuana laws had been done in racially disparate manner.”
“To point that out and to seek to cure that is not to inflame racial divisions,” he said. “It’s simply to point out a fact of life and try to cure it.”
“Personally I believe cannabis use in most cases is ill advised,” he said. “But many things are ill advised that should not be illegal but should rather be left to the informed judgement of free men and women.”
— Rep. Barbara Lee (@RepBarbaraLee) July 10, 2019
Malik Burnett, a Johns Hopkins Bloomberg School of Public Health physician and former Washington, D.C. policy manager at the Drug Policy Alliance’s Office of National Affairs, testified at the hearing.
“It is an unmitigated fact that the state of cannabis policy today in best described as a tale of two Americas,” Burnett, who serves as the Chief Operating Officer of the minority owned multi-state cannabis business Tribe Companies, said in his written testimony. “In one America there are men and women, most of them wealthy, white and well connected, who are starting cannabis companies, creating jobs and amassing significant personal wealth, and generating billions in tax dollars for the states which sanction cannabis programs.”
“In the other America, there are men and women, most of them poor, people of color, who are arrested and suffer the collateral consequences associated with criminal conviction,” he said. “Drug policy in America is, and has always been, a policy that is based on racial and social control.”
Baltimore State’s Attorney Marilyn Mosby also appeared before the panel. Her office announced in January that her office would no longer prosecute cannabis possession cases.
“The test of time has provided us with ample data that there is little public safety value related to the current enforcement of marijuana laws,” Mosby said in written testimony. “The data indicates that the disparate enforcement of marijuana laws and overall drug laws not only intensifies already existing racial disparities in the criminal justice system, but exacerbates distrust among communities and law enforcement without increasing overall public safety.”
Today, during a congressional hearing on marijuana reform, @MARILYNMOSBYesq provided testimony on the need for federal decriminalization of marijuana, the need for reform specific to marijuana enforcement, and for the necessity for 2nd chances for individuals with drug offenses. pic.twitter.com/QYLOXCvMDw
— Baltimore SAO (@BaltimoreSAO) July 10, 2019
To “right the past wrongs” of failed “war on drugs” policies, SA Mosby suggested congress remove Marijuana as a scheduled controlled substance, regulate it similar to alcohol and tobacco and create economic incentives for reinvestment in communities most adversely impacted. pic.twitter.com/5KCU4zewFI
— Baltimore SAO (@BaltimoreSAO) July 10, 2019
“We have to go beyond decriminalization,” she later said during the hearing. “We have to actually legalize this drug.”
David Nathan, a physician and board president of the pro-legalization group Doctors for Cannabis Regulation, also shared his perspective with the committee.
“As physicians, we believe that cannabis should never have been made illegal for consenting adults. It is less harmful to adults than alcohol and tobacco, and the prohibition has done far more damage to our society than the adult use of cannabis itself,” Nathan said in his testimony.
We legalized #MedicalMarijuana in FL, an industry that has been largely dominated by white, wealthy Americans. But holding marijuana is still considered a crime, disproportionately hurting minority communities in South FL. We need to break this cycle. @HouseJudiciary pic.twitter.com/Tp3kOWjJmJ
— Rep. Debbie Mucarsel-Powell (@RepDMP) July 10, 2019
Finally, Neal Levine, CEO of Cannabis Trade Federation, the minority party’s witness, offered testimony. Advocates view his inclusion as the Republican’s sole witness at the meeting to be a positive sign, as Levine supports broad marijuana reform.
“The most immediate path to resolving the state-federal cannabis conflict is passage of the STATES Act,” Levine said, referring to bipartisan legislation that would allow states to set their own mariijuana policies without fear of federal interference but would not broadly deschedule cannabis. “Immediate passage of the STATES Act could also help spur economic activity in disadvantaged areas in our country.”
“With strong bipartisan support for legislation like the STATES Act, it is possible during the current session of Congress to take major steps toward respecting state cannabis laws, protecting workers, and advancing a more secure, vibrant, and equitable cannabis industry,” he said. “We hope that Congress will take advantage of the opportunity.”
Debate over the best approach to take when it comes to advancing federal marijuana policy legislation has been a subject of strong interest among advocates, some of whom feel pursuing modest reform proposals such as the STATES Act that stand a better chance of passing in the Republican-controlled Senate for now would be more prudent, while others argue that the House should use the opportunity presented by broad support for legalization among its Democratic majority to take up more comprehensive bills.
That conversation reared during the hearing. Rep. Matt Gaetz (R-FL) pressed witnesses on whether they would vote in favor of the STATES Act, which would not deschedule cannabis and does not include social equity provisions.
Burnett stressed the need to pursue legislative fixes that are more comprehensive and emphasize restorative justice. But he did ultimately say he’d vote for the STATES Act “to make progress.”
“My deep concern is that concerns over how far to go on some of the restorative elements of our policy could divide our movement,” Gaetz said. “If we further divide out the movement then I fear that we’ll continue to fall victim to that which has plagued other Congresses where we don’t get anything done.”
Levine argued that passing the STATES Act “would actually clarify it and focus the conversation” as lawmakers work on more wide-ranging cannabis legislation.
But Mosby emphasized “the need to reinvest into those individuals and those communities that have been disproportionately impacted” and said the STATES Act “does not do that, and that is one of the reasons I’m opposed to it.”
Members and witnesses also discussed access to banking services, deterring youth consumption and impaired driving, mitigating opioid abuse and addressing interstate commerce.
Yesterday @HouseJudiciary held a historic hearing on #Marijuana. I’ve been working on this issue for nearly 40 years. I understand why people want an incremental approach, but it’s been long enough. We need to de-schedule #Cannabis & expunge non-violent convictions. #LegalizeIt pic.twitter.com/FpRocZSp9k
— Steve Cohen (@RepCohen) July 11, 2019
Judiciary Committee Ranking Member Doug Collins (R-GA) said that the “legal status of marijuana in the United States is in complete disarray,” noting conflicts between federal and state law as well as international treaty obligations that encourage prohibiting cannabis. He said that the STATES Act is “an excellent foundation for legislative reforms.”
There were also some lighter moments during the meeting, with some lawmakers reflecting on the progress that the hearing represented.
“Everything in politics seems impossible until it happens,” Rep. Ted Lieu (D-CA), said. “If 15 years ago I were to tell you, in 15 years we would have gay marriage in 50 states and, in some of those states, we’d be smoking weed, you’d think I was crazy—but that is in fact what is happening now.”
It's a huge waste of federal resources to criminalize #marijuana. It's time we remove it from the Controlled Substances Act! Today in @HouseJudiciary Committee, we discussed this and more. Watch here ⬇️ pic.twitter.com/HNZQe5f9Kf
— Rep. Ted Lieu (@RepTedLieu) July 11, 2019
At @HouseJudiciary Subcommittee hearing on Marijuana. I believe it's a waste of federal resources to criminalize cannabis. Time to remove marijuana from the Controlled Substances Act.#WednesdayWisdom pic.twitter.com/lCEeeu0Ro5
— Ted Lieu (@tedlieu) July 10, 2019
“This has been a historic hearing. I don’t think the Judiciary Committee has had a hearing on marijuana,” Rep. Steve Cohen (D-TN), said “I’ve been working on this issue for 40 years, and it’s just crazy that we don’t just get it all done.”
“I appreciate Mr. Gaetz’s work on the issue—and I understand incremental— but after 40 years, it’s time to just zap straight up, get it all done, Schedule I done,” Cohen said.
On Tuesday, 10 leading civil rights and criminal justice reform groups including the ACLU added to that conversation by announcing that they’d formed a coalition designed to promote cannabis reform legislation that places an emphasis on social justice.
“Not since the days of Harry Anslinger has cannabis been such a serious topic on Capitol Hill,” Don Murphy, director of federal policies for the Marijuana Policy Project, said in a press release, referring to the former federal anti-drug official who stirred up anti-cannabis hysteria in the 1930s. “With bipartisan support in both chambers, there is no good reason why Congress cannot address this issue before the 2020 election.”
The foundation of marijuana policy in America is inherently racist.
Time. To. Decriminalize. pic.twitter.com/9FUmpZgBue
— Hakeem Jeffries (@RepJeffries) July 11, 2019
Aaron Smith, executive director of the National Cannabis Industry Association, said that state cannabis programs are “successfully replacing criminal markets with well regulated businesses across the country and public support for ending prohibition continues to rise.”
“It’s long past time for Congress to align federal policies with modern state marijuana laws and public opinion by removing cannabis from the Controlled Substances Act so that we can begin the process of developing federal policies that will not only respect state laws, but will defend public health and safety, protect small businesses, and help repair the damage prohibition policies have inflicted on communities of color,” Smith said.
The hearing represents a first step that’s expected to lead to a markup of one or more bills in the coming months. Nadler is rumored to be working on his own legalization legislation, and his position as the full committee’s chairman gives his sizable influence in getting such reform measures to the House floor.
“Today’s hearing is monumental in our fight to end cannabis prohibition,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment.
“As outlined in our blueprint, every major committee has a role to play in this effort in Congress,” he said, referring to a document he circulated to Democratic leadership last year making the case for how the body can advance marijuana reform in the 116th Congress. “We have outlined a pathway forward, and with a Democratic majority, we are making the progress needed.”
“We must show the resolve to address the harsh racial injustice that the War on Drugs has inflicted on communities of color,” he added. “The federal government needs to get out of the way of the states, get in touch with the American people, and make right its wrongs. We need comprehensive reform to include everyone—cannabis businesses, veterans, and communities of color. Today, is an important step.”
Image element courtesy of Tim Evanson.
New Hampshire Lawmakers Approve Marijuana Legalization Bill
A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.
While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.
The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.
“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”
Watch New Hampshire lawmakers discuss the marijuana legalization bill below:
This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.
“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”
“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”
A floor vote by the full House of Representatives is expected on February 6.
Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.
Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.
In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.
New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.
Photo courtesy of Philip Steffan.
AOC Says Colorado Is Doing A ‘Great Job’ With Marijuana Legalization
Rep. Alexandria Ocasio-Cortez (D-NY) says Colorado is an example of a state that’s effectively taxing and regulating marijuana.
At a town hall event in Iowa on Saturday, the congresswoman, who serves as a surrogate for Sen. Bernie Sanders’s (I-VT) presidential campaign, was asked if revenue from legal sales of cannabis and other drugs would be used to fund the senator’s Medicare for All proposal.
While she said the economic benefits of legalization are secondary concerns, she acknowledged that “Colorado is doing a great job of taxing it to fund schools.”
That said, funding large programs such as universal health care would require a diverse financing strategy, Ocasio-Cortez said.
“In terms of financing, I think the financing for our health care program would potentially come from different sources,” she said. “Senator Sanders has outlined how he would pay for Medicare for All.”
“I would just say the financing is a different question,” she said. “But when it comes to decriminalization and legalization, I know that the senator believes in the legalization of marijuana and, frankly, having that part of a decarceral approach” to the criminal justice system.
Listen to the conversation below, starting around 1:45:
“We need to not only have a conversation about decriminalization and a conversation about legalization, but we need to have a conversation about the harm done during the war on drugs,” she said in comments that were first flagged by The Washington Post’s Dave Weigel.
First actual Q for AOC as a Sanders surrogate: Would she legalize drugs to pay for M4A?
"The funding is going to come from a lot of sources," she says, clarifying that Sanders supports legalizing only marijuana and is focused on ending war on drugs.
— Dave Weigel (@daveweigel) January 25, 2020
“It exacerbated the racial wealth gap in America as well,” she said. “But not only that, it tore apart communities, it tore apart families and it was an explicit targeting of black and brown communities that dates back to the Nixon administration.”
“On one hand it’s an economic issue, but much deeper, it’s a justice issue. This is an issue of justice, this is an issue of mass incarceration. The United States has historically incarcerated more people per capita than any other country in the world. We need to live up to our values about what ‘Land of the Free’ means and transitioning to that means dismantling the system of mass incarceration. That’s an incredibly important part of this agenda.”
While Sanders has been a long-standing champion of cannabis reform, his views on broader drug policy proposals diverge from those of his surrogate, who believes that possession of all currently illicit drugs should be decriminalized and federal laws around psychedelics should be loosened to promote research.
Despite being widely regarded as the most progressive candidates in the race, both Sanders and Sen. Elizabeth Warren (D-MA) have so far declined to back comprehensive decriminalization for simple drug possession, a policy changed favored by former South Bend, Indiana Mayor Pete Buttigieg.
Rep. Tulsi Gabbard (D-HI), another 2020 contender, recently said that she’s in favor of legalizing and regulating controlled substances.
Photo courtesy of C-SPAN.
USDA Approves Hemp Plans For Texas, Nebraska And Delaware
The U.S. Department of Agriculture (USDA) announced on Monday that it has approved hemp regulatory plans for three more states and four additional Indian tribes.
This is the latest in a series of approvals that USDA has doled out since the crop and its derivatives were federally legalized under the 2018 Farm Bill. Texas, Nebraska and Delaware—in addition to the Colorado River Indian Tribes, the Fort Belknap Indian Community, the Iowa Tribe of Kansas and Nebraska and the Yurok Tribe—each had their regulatory plans cleared.
“USDA continues to receive and review hemp production plans from states and Indian tribes on an ongoing basis,” the department said in a notice. “Plans previously approved include those for the states of Louisiana, New Jersey, and Ohio, and the Flandreau Santee Sioux, Santa Rosa Cahuilla, and La Jolla Band of Luiseno Indian Tribes.”
While hemp is no longer a federally controlled substance, farmers interested in cultivating and selling the crop must live in a jurisdiction where USDA has approved a proposed regulatory scheme. The process was outlined in an interim final rule USDA published late last year. If a state or tribe does not have, or plan to propose, regulations for hemp, cultivators can apply for a USDA license instead.
“This is a victory for Texas farmers,” Texas Agriculture Commissioner Sid Miller said in a statement. “We are one step closer to giving our ag producers access to this exciting new crop opportunity.”
“We’ve got to get our rules approved and get our licensing program up and running, but the dominoes are dropping pretty quick,” he said. “We’re almost there.”
Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment that “Texas has the potential to be the largest supplier of hemp in the U.S., providing farmers with an unprecedented opportunity.”
“With approval from the USDA and the Texas Department of Agriculture already moving forward with establishing licensing standards, it’s refreshing to see our government paving the way for legal cannabis cultivation in Texas,” Fazio said.
While lawmakers and industry stakeholders have widely celebrated USDA’s commitment to implementing hemp legalization, it has also received a significant amount of pushback over proposed rules such as THC limits and laboratory testing requirements. A public comment period for the department’s interim rule ends on Wednesday.
USDA maintains a website that tracks the status of state and tribal hemp plans.
Monday’s announcement sends another signal to the hemp industry that the federal government is committed to supporting the market and ensuring that farmers have the resources they need to see their businesses thrive since the crop was legalized.
That said, one of the most lucrative market opportunities that hemp farmers are hoping to take advantage of is the widespread interest in hemp-derived CBD products. The Food and Drug Administration (FDA) has jurisdiction over rules for marketing CBD, and the agency has made clear that the process may take several years without congressional action.
Earlier this month, a bipartisan coalition of lawmakers set out to do just that, filing a bill that would require FDA to allow CBD products to be sold as dietary supplements.
Photo courtesy of Brendan Cleak.