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West Virginia Congressional Candidate Running On Marijuana Gets Political Boost

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A once-longshot bid for Congress by a West Virginia Democratic candidate who is campaigning on marijuana legalization is now looking like a possible upset, according to a new University of Virginia Center for Politics analysis.

Richard Ojeda, currently a West Virginia state senator and former U.S. Army paratrooper, is his party’s nominee in this fall’s election for the seat representing the state’s 3rd Congressional District, which is being vacated by Congressman Evan Jenkins (R).

Ojeda, who was the chief sponsor of the medical cannabis bill enacted in the state last year, earlier this year filed legislation that would legalize recreational marijuana in the historically conservative state. He’s running against Republican state Delegate Carol Miller in a district that President Donald Trump won in 2016 by nearly 50 percentage points, with 75 percent of the vote.

At one time, Ojeda—who voted for Trump in the 2016 election, but has since become a vocal critic of the president—was seen as a longshot with little chance of flipping the seat to the Democrats. According to the Cook Political Report’s ratings, the seat is one of the most conservative—and safely Republican—in the United States.

But in the most recent Sabato’s Crystal Ball, a list of political predictions published Tuesday by the University of Virginia’s Center for Politics, the likely outcome for Ojeda’s race was changed from “leans Republican” to the closer “Toss-up” status.

Ojeda’s brightening chances are a demonstration that the definition of a “Democrat” is shifting—and also proof positive that a cannabis reform candidate can perform well in a conservative district.

Along with Ojeda’s, the likely outcome of 16 other Congressional races was changed in Democrats’ favor, according to the Center for Politics.

“[T]he Democrats now look like soft favorites to win a House majority with a little more than 100 days to go,” Tuesday’s analysis said, noting that Ojeda has become “something of a folk hero in Coal Country.”

Along with his military background and bearing—he’s muscular and tattooed, and has on at least one occasion been referred to as “JFK with a bench press”—the 47-year-old Ojeda made a name for himself earlier this year with his ardent support for striking West Virginia teachers.

But along with the disappearance of the coal mining that once defined the state, West Virginia has been hit harder than any other state by the country’s ongoing opioid-overdose epidemic.

Consistent with research that shows opioid prescriptions and opiate-related overdoses decrease in areas where medical cannabis is legal, Ojeda has made marijuana legalization central to his campaign strategy.

“With a comprehensive approach to cannabis policy, we can put West Virginia on a path to a prosperous future and grow a new economy that will benefit the people of our state for generations to come,” his campaign website says.

Military veterans like Ojeda have proven to be some of the most viable and most consistent advocates for medical marijuana access. Major veterans’ advocacy groups like the American Legion have been pushing the US Department of Veterans Affairs to allow veterans to access cannabis through their government-provided benefits.

Other longtime conservative lawmakers who have consistently opposed marijuana-policy reform are also seeing their grasps on power weaken. The reelection effort of U.S. Rep. Pete Sessions, a Republican who represents suburban Dallas and has reliably sabotaged cannabis-reform legislation as chairman of the House Rules Committee, was moved to “toss-up” status last month by Cook.

Analysis: GOP Congress Has Blocked Dozens Of Marijuana Amendments

Photo courtesy of Will Price // Ojeda for Congress.

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.

Chris Roberts is a reporter and writer based in San Francisco. He has covered the cannabis industry since 2009, with bylines in the Guardian, Deadspin, Leafly News, The Observer, The Verge, Curbed, Cannabis Now, SF Weekly and others.

Politics

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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