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What The New Democratic-Controlled Senate Means For Federal Marijuana Legalization In 2021

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The Senate will vote to pass a bill to federally legalize marijuana within the next two years.

That’s according to the top Democratic lawmaker who is expected to be installed as majority leader following his party’s projected clean sweep in this week’s two Georgia runoff elections that will give them control of the chamber.

Coupled with Joe Biden’s presidential win, the new situation on Capitol Hill means that federal cannabis policy change is in the cards for the 117th Congress. While the former vice president has declined to embrace adult-use legalization, he’s pledged to adopt modest reforms such as marijuana decriminalization and expunging past records.

And a push from House and Senate Democratic leadership—who are already on record with pledges to advance far-reaching marijuana reforms—could lead to the comprehensive changes that advocates have been fighting for, including the advancement of a federal cannabis descheduling bill that cleared the House last month.

Presidential politics notwithstanding, it’s always been the case that it would be largely incumbent upon legislators to advance cannabis reform. And the chances of their success in doing so in recent years has hinged largely on the makeup of the Senate.

Because Democrats have now reclaimed control of the chamber, those chances are significantly bolstered. Senate leadership in the 116th Congress had declined repeated opportunities to hold votes on marijuana reform legislation. Outgoing Senate Majority Leader Mitch McConnell (R-KY) in particular has been an adamant opponent of loosening federal laws on marijuana.

Even modest, bipartisan legislation to protect banks that service cannabis businesses from being penalized by federal regulators had languished in the GOP-controlled Senate after clearing the House multiple times. McConnell’s office recently released a recap of the latest round of coronavirus relief legislation and celebrated its exclusion of the cannabis banking language.

Meanwhile, the most significant piece of cannabis legislation to advance out of the Senate in recent history is the 2018 Farm Bill that contained provisions to federally legalize hemp and its derivatives, which McConnell had championed.

Democrats are now poised to advance any number of more substantial cannabis bills, including those calling for the end of federal marijuana prohibition. Sen. Chuck Schumer (D-NY), the current top Democrat in the Senate, who is expected to be installed as the majority leader, said in October that he will put his own descheduling bill “on the floor” and that he thinks “we’ll have a good chance to pass it.”

Schumer reiterated in a more recent interview that if he becomes majority leader, a legalization bill will “pass” and “it’ll get Democratic and Republican votes.”

But it still remains to be seen to what extent the Democratic leader can bring along the more moderate members of his caucus—Sen. Joe Manchin (D-WV), for example—when it comes to cannabis reform. Schumer did point out in his recent comments that voters in several conservative states approved legalization ballot initiatives in the November election, highlighting that support crosses party and ideological lines.

For what it’s worth, the two incoming senators from Georgia are both in favor of comprehensive marijuana reform.

Sen.-elect Jon Ossoff (D-GA), who defeated Sen. David Perdue (R-GA), said he will push for the policy change in the Senate—and he made that proposal part of his pitch to young people on social media. Sen.-elect Raphael Warnock (D-GA), who ousted Sen. Kelly Loeffler (R-GA), has frequently discussed the failures of the war on drugs and his support for cannabis reform.

The House, which remains in Democratic control albeit with a reduced majority after November’s elections, has already made clear that it’s ready for federal marijuana policy change.

The chamber approved a comprehensive legalization bill—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—last month, for example.

“Reform advocates have established over the past two years that we possess both sufficient allies and votes in the House of Representatives to substantively reform America’s failed marijuana laws, specifically to remove the cannabis plant from its Schedule I status under the Controlled Substances Act,” Justin Strekal, political director of NORML, said.

“Unfortunately, under GOP Senate leadership, these and many other important reform bills were dead on arrival. By contrast, Democratic leaders in the upper chamber…have already pledged publicly to debate and advance most all of these important reforms, including legislation to end federal marijuana prohibition via descheduling,” he said. “We look forward to working with soon-to-be Senate Majority Leader Schumer…to advance legislation with haste.”

With an incoming Democratic-controlled Senate and the party still in control of the House, it’s likely that cannabis reform will move in the 117th Congress. But the Biden administration’s role in promoting those reforms remains an open question.

The president-elect has faced significant criticism over his record pushing punitive anti-drug legislation during his own time in the Senate—something he now admits was a “mistake.” And reform advocates have similarly expressed frustration over his refusal to embrace adult-use cannabis legalization.

Biden has only gone so far as to back modest cannabis rescheduling, decriminalizing possession, expunging past records, legalizing medical marijuana and protecting states’ rights to enact their own policies.

On Wednesday, it was reported that the president-elect will nominate Judge Merrick Garland—a former Obama Supreme Court nominee who was blocked by Senate Republicans—to serve as attorney general.

There’s limited public information on Garland’s position on marijuana policy, but advocates have expressed concerns about statements he made in a 2013 federal appeals case concerning cannabis scheduling, where he seemed to indicate that there should be deference to the Drug Enforcement Administration when it comes to science that determines the federal classification of cannabis.

But Biden also recently selected a nominee for secretary of health and human services (HHS) who is amenable to reform, however, and in his role he could help facilitate rescheduling. While the Justice Department plays a key role in marijuana’s federal scheduling, a medical and scientific review by HHS is binding on the attorney general’s subsequent classification decision.

With the weight of a Democratic Congress that has signaled a willingness to pursue legalization, the pressure will be on for him to assume a proactive role in promoting reform—or at least the very least not discourage lawmakers from sending marijuana bills to his desk and then signing them when they arrive there.

While Vice President-elect Kamala Harris has been the lead sponsor of the companion Senate version of the House-passed MORE Act, she has signaled that she won’t necessarily press Biden on the issue.

In any case, a Democratic-controlled Congress led by legislators who have pledged to prioritize reform is a good indication that cannabis legislation will move in 2021. The extent to which it moves—and the response of the president—is less certain, for now.

New York Lawmakers File Marijuana Legalization Bill For 2021 Session

Photo courtesy of Mike Latimer.

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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Connecticut Governor Says He’s Open To Smoking Marijuana After He Signs Legalization Bill

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The governor of Connecticut said on Friday that he isn’t ruling out smoking marijuana after he formally signs a legalization bill into law next week.

While most top politicians might still demure when asked if they’d partake in cannabis given ongoing stigma and federal prohibition, Gov. Ned Lamont (D) said matter-of-factly that “time will tell” when asked by a reporter if people can “expect to see the governor smoking a joint” after legalization goes into effect in the state.

News 12’s John Craven replied incredulously, “Really? You’re open to it?”

The governor first shrugged, then nodded his head yes.

“Not right now, but we’ll see” Lamont said.

Other governors in legal states have been playful about cannabis culture and their own relationship to the plant. But while a growing number of lawmakers are comfortable discussing their past marijuana use, this is a fairly remarkable exchange for the sitting top executive officer of a state.

It’s also a sign of the times, as congressional lawmakers step up the push to end federal prohibition and legalization bills move through numerous state legislatures.

Connecticut lawmakers sent Lamont an adult-use legalization bill on Thursday, and he’s confirmed his intent to sign it into law. It would make the state the 19th to have enacted the policy change and the fourth this year alone.

And while the governor has consistently emphasized the important of social equity in legalization legislation—at one point threatening to veto the bill because of a provision he felt could undermine its intent to effectively stand up disparately impacted communities—he also seems to see the personal benefits of the reform.

Similar to Lamont’s new comments, Washington Gov. Jay Inslee (D) raised some eyebrows in 2018 when he said in an interview that he grows cannabis himself. But then a spokesperson for his office denied that he actually personally cultivates marijuana.

Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says

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Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says

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Even though a Minnesota House-passed marijuana legalization bill died in the Senate without action by the end of this year’s regular session, a top lawmaker says there’s still a “possibility to move forward” on cannabis reform as part of a special session that began this week.

“Nobody really expected the medical program to be so successfully changed this year,” House Majority Leader Ryan Winkler (D) said at a rally with cannabis reform advocates on Wednesday, referencing a separate measure Gov. Tim Walz (D) signed last month that will allow patients to access smokable cannabis products.

According to The Star Tribune, Winkler added that “surprising things can happen” during a special session. “When you see Republican support and Democratic support in the House and Senate, there is a possibility to move forward.”

Advocates with Minnesota NORML are pushing for several specific policies to be incorporated into legislation that is set to be taken up by the legislature during the special session. The first is to expand the state’s decriminalization policy, and the second is to have the state petition for a federal exemption for Minnesota’s medical cannabis program.

Part of the motivation behind that latter proposal is to ensure that registered patients are able to lawfully purchase and possess firearms in spite of federal restrictions.

At the rally, which was organized by NORML, Republicans Against Marijuana Prohibition (RAMP) and other groups, Winkler and several other lawmakers spoke in favor of modest policy changes such as decriminalizing cannabis.

“Decriminalizing small amounts is important,” Rep. Jeremy Munson (R), one of only a handful of Republicans who voted for Winkler’s broad adult-use legalization bill, said at the rally. “If someone in Minnesota gets caught with two gummy bears, it’s a felony and they’ll lose their gun rights forever.”

The coalition proposed several key reforms that they say should be integrated into public safety and health legislation that’s currently moving through committee during the special session:

-Further reduce penalties for simple possession of marijuana.

-Allow people convicted of possession up to eight grams of cannabis to petition the courts for expungement.

-Require the Minnesota health commissioner to petition the Drug Enforcement Administration (DEA) for an exemption for its medical marijuana program.

”Reducing or eliminating the criminal penalties we’re seeing around marijuana is where we have consensus,” Thomas Gallagher of RAMP said in a press release. “Let’s focus on the people who have small quantities. There is injustice in a trivial amount of marijuana resulting in life-changing punishments like imprisonment, criminal records, and lost jobs and kids.”

Similar to the Minnesota activists’ call, Iowa officials have requested that federal agencies guarantee some level of protection for people participating in the state’s medical marijuana program.

The Hawaii legislature adopted a resolution in April seeking an exemption from DEA stipulating that the state is permitted to run its medical cannabis program without federal interference.

Back in Minnesota, the House approved a bill last month to legalize marijuana for recreational use following 12 committee assignments. That legislation stalled in the GOP-controlled Senate, however.

Advocates are hopeful about the possibility that further cannabis reforms could be accomplished in the special session, but they see an obstacle in Senate Majority Leader Paul Gazelka (R), who has been relatively silent on the issue since the end of the regular session.

He did previously say, however, that “we’re always said we were open to lowering the criminal penalties [for marijuana].”

The decriminalization legislation that advocates are rallying behind would make possession of up to eight grams of cannabis a petty misdemeanor. It would also make people with prior convictions for that level of possession eligible for expungements.

Under the separate medical cannabis expansion bill that the governor has signed, adults 21 and older will be able to access smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state’s cannabis commissioner authorizes it.

Dispensaries could also provide a curbside pickup option for patients under the new law. It further removes restrictions for designated caregivers and allows them to tend to six registered patients at once, rather than just one.

Walz, who hadn’t been especially vocal about legalization as the broader legislation advanced during the regulator session, said, “I’ve thought for a long time about that,” adding that “we know that adults can make their own decisions on things, we know that criminalization and prohibition has not worked.”

“I’ve always thought that it makes sense to control how you’re doing this and to make sure that adults know what they’re getting into, and use it wisely,” he said. “I also think there’s a lot of inequity about how folks have spent time in jail or been arrested around this, especially in communities of color.”

The majority leader’s legalization legislation as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the measure, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

Walz in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

The governor did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

California Senator Previews Next Steps For Psychedelics Bill And Says It’s A Step Toward Decriminalizing All Drugs

Photo courtesy of Mike Latimer.

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Maine Lawmakers Approve Bill To Decriminalize All Drugs On 50th Anniversary Of Nixon’s ‘War On Drugs’

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The Maine House of Representatives on Thursday approved a bill to decriminalize possession of all currently illicit drugs, delivering a victory to reform advocates on the 50th anniversary of President Richard Nixon’s declaration of the war on drugs.

The Senate also began consideration of the legislation on Thursday, but has not yet taken a vote.

The proposal, LD 967, was approved in 77-62 vote in the House. It would make possession of controlled substances for personal use punishable by a $100 fine, without the threat of incarceration. That fine could also be waived if a person completes a substance misuse assessment within 45 days of being cited.

“We are continually trying to criminalize a symptom of a disease. It hasn’t worked. It won’t work,” Rep. Charlotte Warren (D), who serves as the House chair of the legislature’s Criminal Justice and Public Safety Committee, said before the vote. “We have tried criminalizing this disease for decades, and 11 Mainers a week are dying.”

Rep. Anne Perry (D), sponsor of the bill, said that incarcerating people who are suffering from addiction “only proves to them that they are as bad as they think they are” and perpetuates the cycle of substance misuse. “Law enforcement is not the gateway to treatment and recovery. It’s a gateway to isolation and suicide.”

The measure’s passage flies in the face of Gov. Janet Mills (D), whose administration opposes the reform, as does the state attorney general. Coupled with opposition from Republican legislators, the bill faces an uphill battle to final passage.


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

The Senate also began consideration of the legislation on Thursday night, adopting a different committee report than the House approved, but setting it aside as unfinished business before taking a final vote on the bill. The version moving forward in that chamber would similarly impose a $100 fine for possession, but only for the first two offenses. Subsequent offenses would be considered Class E crimes that could carry jail time.

These actions come one month after a joint House and Senate committee advanced the decriminalization bill with several conflicting recommendations, as well as another measure to reform the state’s drug trafficking laws.

Supporters of the legislation include the American Academy of Pediatrics’s Maine Chapter, Maine Medical Association, Alliance for Addiction and Mental Health Services in Maine and Maine Council of Churches.

Thursday’s decriminalization vote represents a continuation of a national conversation about the need to reform laws criminalizing people over drugs and treat substance misuse as a public health issue, rather than a criminal justice matter.

For the first time ever, a congressional bill to federally decriminalize possession of controlled substances—and incentivize states to do the same—was formally introduced on Thursday.

Last year, Oregon voters elected to end criminalization of low-level drug possession at the ballot.

Vermont lawmakers also introduced a bill in March that would end criminal penalties for possessing small amounts of drugs in the state.

Also that month, a Rhode Island Senate committee held a hearing on decriminalization legislation to replace criminal penalties for possessing small amounts of drugs with a $100 fine.

Back in Maine, a bill was recently introduced that would legalize psilocybin mushrooms for therapeutic purposes.

Senators Publicly Pressure Key Chairman For Vote On Marijuana Banking Bill

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