Steve Bullock announced on Tuesday that he is seeking the 2020 Democratic presidential nomination.
The Montana governor, who previously served as the state’s attorney general, supports medical cannabis, but his stance on legalizing marijuana for adult use is unclear. NORML gives Bullock a “B” grade based on his record.
Legislation And Policy Actions
Montana’s medical cannabis program has undergone several revisions since voters first approved it in 2004.
As attorney general and a gubernatorial candidate in 2012, Bullock voiced opposition to a law that repealed the voter-led initiative and replaced it with a more tightly controlled system.
He said he voted in favor of the 2004 initiative and would also be voting to strike down the new law, SB 423, when voters got the opportunity in the form of a veto resolution initiative on the November 2012 ballot. (That measure did not succeed in repealing the law.)
“What we want to do is make sure those in legitimate medical need get the opportunity to get medical marijuana and those that don’t are precluded from doing so,” he said during an October 2012 gubernatorial debate.
“I don’t want unlimited grow operations and things like that. I don’t think anybody does,” he added. “I don’t think we want the chronic pain of ages 19 to 29 be the largest group [of medical cannabis patients]. We can put sideboards on this and we can actually make it as other states have done and it will make a difference.”
Days after that debate, Bullock was asked to respond to criticism from his opponent that he lacked leadership in the regulation of medical cannabis as attorney general. Bullock pushed back, noting that he organized meetings with law enforcement and sent a memo to the legislature outlining areas where he felt the system could be further reformed.
“We were working on solving the issue and we still have to do more to solve the issue,” he said. “We still have to make sure that we have a system where we can closely and tightly regulate it. Those that are entitled to it under the law, we want to get it, but we also don’t want abuses. And we can make that system.”
The year before he came out against the law to scale back the voter-approved medical cannabis system at the gubernatorial debate, Bullock argued in his capacity as attorney general that a lawsuit challenging the reform measure’s constitutionality was baseless.
The law, which was enacted without the then-governor’s signature, was meant to stymie the commercial market, prohibiting large scale manufacturers and shifting to a “grow-your-own” model that allowed registered patients to cultivate marijuana for personal use and let caregivers grow for up to three patients.
Industry advocates filed the lawsuit, calling the new system “unconstitutional.” In response, Bullock said “their arguments are based more on political and policy grounds than on sound constitutional principles.”
“Unfortunately, the narrow door the voters agreed to [in 2004] for compassionate use of medical marijuana was blown open by abuses and commercialization,” his office said at the time.
When that case was eventually settled in 2016, with the state Supreme Court upholding most of the law’s provisions, Bullock came to the defense of patients as governor. He sided with advocates who requested a 14-month delay of the enforcement of the court’s ruling.
“I am concerned about the ability of thousands of patients with serious medical conditions to access a treatment that has been approved by their doctors,” he said in a statement.
Voters approved a separate medical cannabis initiative in November 2016—eliminating patient limits for caregivers and the requirement for a second physician’s opinion before patients with chronic pain could access marijuana.
Bullock signed a bill in May 2017 that made a series of amendments to the new voter-approved initiative, including implementing seed-to-sale tracking systems, adding requirements for testing facilities and imposing fees on providers and dispensaries. It also removed a requirement that parents had to be the caregivers of minors.
Also that year, the Bullock signed a bill to impose the first taxes on medical marijuana sales. Cannabis providers would be taxed four percent on gross sales, dropping to two percent in June 2018.
In 2015, Bullock signed HB 463, a bill to dramatically reform the state’s civil asset forfeiture laws, which are often used against people accused of committing drug offenses. It would require a conviction before police seize the assets of a property owner suspected of engaging in criminal activity.
Quotes And Social Media Posts
In April 2017, Bullock criticized the Justice Department under the Trump administration for being out of touch on the issue of cannabis and for indicating that it would crack down on state-legal marijuana programs.
“When it comes to marijuana, and marijuana for medicinal purposes—which Montana has—I think [Attorney General Jeff Sessions] is dang near a decade late,” he said. “That cat is kind of out of the bag. We’ve been spending a lot of time in our legislature saying: Let’s look at our overall correctional system.”
Advocates have also applauded Bullock for standing up for the rights of medical cannabis patients to use and possess firearms.
In a 2011 letter to then-U.S. Attorney General Eric Holder, he wrote that a Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) memo explicitly stating that medical marijuana patients are disqualified from owning guns even if they use cannabis in compliance with state law “implicates serious legal issues under the Second Amendment, and the equal protection and due process clauses of the Fifth Amendment.” It also “raises serious policy and practical concerns.”
“I am willing and prepared to work constructively with your staff on exploring reasonable solutions to the problem created by the [ATF] letter,” he wrote. “By working creatively and cooperatively, I believe we can find an approach that works for the states that have authorized the use of marijuana for medical purposes.”
“This would be much better than the type of unilateral proclamation represented by the ATF letter, which was issued without any advance notice or discussion with the elected officials who represent more than one-fourth of this nation’s population, and one-third of its states,” he said.
Besides posting about his letter to Holder, Bullock has refrained from posting about cannabis policy on social media.
Personal Experience With Marijuana
It does not appear that the governor has spoken publicly about any personal experience with marijuana. While discussing his support for the 2004 medical cannabis legalization initiative, however, he said that voters “all had somebody in mind,” indicating that he knows people who’ve used cannabis medicinally.
Marijuana Under A Bullock Presidency
Bullock’s lack of commentary on broader marijuana reform casts doubts on whether he’d support wide-ranging legislation to end federal prohibition. It also generally implies that cannabis reform would not be at the top of his agenda if elected.
As other candidates compete to demonstrate a strong interest in the issue, sponsoring or cosponsoring bills to fundamentally change the country’s marijuana laws with some talking about going beyond cannabis in terms of drug policy reform, Bullock stands out for his relative silence.
That said, Bullock has been relatively consistent in his support for patient access to medical marijuana and it appears likely that states with such programs would be protected from federal interference under a Bullock administration.
Marijuana Banking Bill Will Get A Full House Floor Vote This Month
A bipartisan bill to protect banks that service marijuana businesses will get a House floor vote by the end of the month, the office of Majority Leader Steny Hoyer (D-MD) confirmed to Marijuana Moment on Friday.
House leadership announced the decision to Democratic lawmakers at a closed-door meeting on Thursday.
“Mr. Hoyer said at the Whip meeting yesterday that he intends to move it this month,” a Hoyer staffer said in an email. “We’re discussing it with Members, but it hasn’t been scheduled just yet.”
Prior to confirmation from Hoyer’s office, four sources initially described the development to Marijuana Moment, with some saying the vote would be made under suspension of the rules—a procedure that is generally reserved for non-controversial legislation.
Voting on suspension would require two-thirds of the chamber (290 members) to vote in favor of the Secure and Fair Enforcement (SAFE) Banking Act in order for it to pass. The bill, which cleared the House Financial Services Committee in March, currently has 206 cosponsors, including 26 Republicans.
No amendments would be allowed to be added on the floor under the suspension process.
Problems could arise if lawmakers aren’t able to rally additional votes from conservative members or if there’s pushback over the strategy from progressive lawmakers, though it is unlikely Democratic leadership would advance the bill if they didn’t believe they have the votes for passage.
While interest in resolving the banking issue is generally bipartisan, it’s within reason to assume that lawmakers on both sides of the aisle might have wanted the opportunity to offer provisions such as extending protections to hemp businesses or adding language promoting social equity policies. That said, it is possible that leadership could file an entirely new piece of legislation that is similar to the SAFE Banking Act but contains modified provisions negotiated with key members and use that as the vehicle for floor action.
Many expected cannabis banking legislation to receive a floor vote before the August recess, but that did not come to fruition.
In any case, the development comes as the Senate Banking Committee is also preparing to hold a vote on marijuana banking legislation, with Chairman Mike Crapo (R-ID) announcing on Thursday that his panel is “working to try to get a bill ready.” He didn’t offer a timeline, however, other than saying he hoped to advance the legislation by the end of the year.
While sources told Marijuana Moment that Hoyer made his decision to allow cannabis banking vote following an earlier Wednesday meeting on the issue, it is likely that building momentum in the GOP-controlled Senate added to pressure on the House to act so that Democrats wouldn’t be seen as lagging behind Republicans on cannabis reform, an issue the party has sought to take political ownership of.
Following Crapo’s statement on advancing the banking legislation, Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, told Marijuana Moment that he welcomes the senator’s “commitment to resolve the banking conflicts that have been created by the misalignment in state and federal law on the issue of cannabis.”
“I remain focused on passing the SAFE Banking Act out of the House and look forward to working with my colleagues in the Senate as they take up the SAFE Banking Act or work to develop and pass similar legislation,” he said.
Banking access is largely seen as one of the most achievable pieces of cannabis legislation that stands to pass this Congress. Advocates and reform-minded lawmakers view it as one of the first steps on the path toward ending federal marijuana prohibition.
“We are seeing the blueprint in action and moving forward on critical legislation to protect state legal cannabis banking,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment, referring to a memo he sent to House leadership last year outlining a committee-by-committee process for passing incremental cannabis bills leading up to major legislation to end federal prohibition. “Earlier this summer, the House passed protections for state and tribal cannabis laws. In the most cannabis friendly Congress in history, we need to keep up this momentum. There is still much to be done.”
There has been some disagreement within advocacy circles about whether it’s prudent to pass legislation viewed as primarily favorable to the industry before advancing comprehensive legislation that deschedules cannabis and takes steps to repair the harms of prohibition enforcement.
“It is our hope that after the successful passage of the SAFE Banking Act in the House, we will be able to advance legislation that ends the federal criminalization of cannabis once and for all,” Justin Strekal, political director of NORML, told Marijuana Moment. “Now is our time to demonstrate that marijuana law reform is both good policy and good politics.”
“We will not stop until otherwise law-abiding Americans are no longer discriminated against or criminalized due to the past or future choice to consume cannabis,” he said.
Neal Levine, CEO of the Cannabis Trade Federation, told Marijuana Moment that the group is “delighted that the U.S. House of Representatives is on the brink of passing a landmark piece of cannabis policy legislation that modernizes our antiquated banking laws to reflect the will of the people.”
“This is welcomed and long overdue news for the over 200,000 employees that work in the industry, cannabis businesses, and for public safety in the communities in which we operate,” he said. “Once the SAFE Banking Act passes the U.S. House, we call on the U.S. Senate to move quickly to protect our businesses and our workers.”
Pressure has been building all year from stakeholders and policymakers alike to get the legislation passed. Endorsements aren’t just coming from reform groups, either; 50 state banking associations, the National Association of State Treasurers, the top financial regulators of 25 states, a majority of state attorneys general and bipartisan governors of 20 states have also voiced support for the SAFE Banking Act.
Earlier this month, the head of the American Bankers Association predicted that the bill would be passed in the House “as early as September.”
This story was updated to add comment from Perlmutter and Hoyer’s office.
New ‘Marijuana 1-to-3 Act’ Would Reclassify Cannabis Under Federal Law
Another bill to reschedule marijuana was filed in Congress on Thursday.
Rep. Greg Steube (R-FL) introduced the legislation, which is titled the “Marijuana 1-to-3 Act.” True to its name, the bill would simply require the attorney general to move cannabis from Schedule I to Schedule III under the Controlled Substances Act, with the aim of increasing research on the drug’s effects.
“As marijuana is legalized for medical and recreational use across the United States, it is important that we study the effects of the substance and the potential impacts it can have on various populations,” Steube said in a press release. “By rescheduling marijuana from a schedule I controlled substance to a schedule III controlled substance, the opportunities for research and study are drastically expanded.
Today, I introduced a bill to reschedule marijuana from a schedule I to a schedule III controlled substance. The Marijuana 1-to-3 Act will allow additional research to be done on the benefits of marijuana by removing bureaucratic red tape. https://t.co/w45WAKHBr9
— Congressman Greg Steube (@RepGregSteube) September 12, 2019
“With this rescheduling, researchers can now access federal funds to research this substance and determine its medical value,” he said.
The press release came hours after a bipartisan pair of lawmakers introduced separate legislation to reschedule marijuana, also to Schedule III.
That bill contained additional provisions that would require federal agencies to develop research agendas for marijuana within one year of its enactment and also establish a system whereby universities could be designated as “Centers of Excellence in Cannabis Research” if they conducted comprehensive studies on issues related to marijuana.
Rep. Matt Gaetz (R-FL), who is a sponsor of the broader research bill, is also cosponsoring Steube’s more focused rescheduling proposal.
It’s not clear why Steube chose to file his own reclassification bill or whether the other legislation’s additional provisions were a factor.
The congressman’s two-page bill states that “the Attorney General of the United States shall, by order not later than 60 days after the date of enactment of this section, transfer marijuana…from schedule I of such Act to schedule III of such Act.”
“We hear every day about the positive health benefits of marijuana,” Steube said. “Whether it’s young children with seizure disorders, or veterans suffering from chronic pain, it is clear that there are medical benefits to marijuana and I think it’s time we remove the bureaucratic red tape that prevents us from thoroughly studying this substance.”
While he emphasized that the intent of his legislation is to encourage research into marijuana, placing cannabis in Schedule III would also have implications for marijuana businesses, who are currently ineligible for federal tax deductions under an Internal Revenue Code section that applies to anyone “trafficking in controlled substances” in Schedule I or II.
Read the full text of the bill below:
Photo by Ndispensable.
GOP Senate Chair Says He Plans Marijuana Banking Vote
The Republican chair of the Senate Banking Committee said on Thursday that his panel will hold a vote on legislation allowing banks to service state-legal marijuana businesses this year.
Chairman Mike Crapo (R-ID) told Politico that while he doesn’t support ending federal cannabis prohibition, his committee will take up the industry’s banking issues, which was the subject of a hearing the panel held in July. Because marijuana remains federally illegal, many financial institutions remain wary of taking on cannabis business clients—forcing them to operate on a cash-only basis—and there’s a growing bipartisan call to resolve the problem.
Crapo doesn’t support cannabis legalization. But he says he’s been compelled to act bc cannabis businesses w/o bank access are forced to transact in cash and there are issues surrounding transactions with businesses like plumbers, hardware stores, etc that serve the industry
— Zachary Warmbrodt (@Zachary) September 12, 2019
“We’re working to try to get a bill ready,” the senator said. “I’m looking to see whether we can thread the needle.”
Legislation to provide financial services to marijuana businesses—the Secure and Fair Enforcement (SAFE) Banking Act—already exists and was approved by the House Financial Services Committee in March. That bill has 206 cosponsors, including 26 Republicans. The companion Senate bill has nearly a third of the chamber signed on.
It’s not clear what changes Crapo is hoping for, but there’s been talk of adding hemp-specific banking protections, or including language to prevent activities such as Operation Choke Point, an Obama-era policy that conservatives view as biased against certain industries such as gun manufacturers, in order to bolster the proposal’s GOP appeal.
This development comes as Congress returns from a summer recess. Cannabis reform advocates hoped that the Democratic-controlled House would put the SAFE Act to a vote before August, but that window passed.
There have been renewed rumors that House leadership is planning to schedule a vote on the SAFE Act soon, but some dispute has broken out among cannabis reform supporters about the notion of passing a bill seen as industry-focused prior to moving broader legislation to deschedule marijuana and repair the harms of past prohibition enforcement.
Many supporters of more far-reaching moves have zeroed in on a bill House Judiciary Committee Chairman Jerrold Nadler (D-NY) filed, but it’s unclear when that legislation would be able to see a markup by the panel, which for now is focused on issues such as gun reform and the prospect of impeachment proceedings.
If the Republican-controlled Senate were to pass marijuana banking legislation soon, it could increase political pressure on House majority Democrats to follow suit lest they be seen as lagging on an issue on which their party has increasingly sought to lead.
Don Murphy, federal policies director for the Marijuana Policy Project, told Marijuana Moment that polling in Crapo’s home state of Idaho—one of only three states that currently have no legal cannabis laws on the books—shows that voters in the state support cannabis reform and that “it appears Chairman Crapo is seeing similar results.”
“Apparently MPP hasn’t done the only marijuana poll in Idaho recently,” he said. “Idaho voters support marijuana policy reform and with his support of the SAFE Act the Senator is moving in their direction. What took years to develop could end up in a photo finish as each chamber attempts to beat the other to a floor vote. If true, this is a very good news.”
Idaho activists are working to place a medical cannabis measure on the state’s 2020 ballot.
While it’s not clear Crapo that endorses the SAFE Act as written or that he would use an amended version of the existing bill as the vehicle to advance the issue, he’s made several statements indicating that he’s interested in a legislative fix on cannabis banking.
“We may craft our own bill or we may work with them to craft any amended legislation,” he told Politico.
“It would be terrific for the Senate Banking Committee to hold a markup on The Safe Banking Act, which we believe would result in a favorable bipartisan vote,” NORML Political Director Justin Strekal told Marijuana Moment. “Now more than ever, members of Congress spanning all types of geographic and political diversity recognize the need to amend existing law and move us towards ending federal prohibition.”
Crapo told Politico that he’s particularly interested in passing cannabis banking reform legislation because of the negative impact of the ban on ancillary businesses like plumbing and hardware companies that work with such businesses but don’t deal directly with marijuana.
The head of the American Bankers Association (ABA) predicted last week that the House would vote on the legislation before October.
THIS is a very important development- thank you @MikeCrapo for helping advance this legislation that will allow people and businesses access to the banking sector in states that have legalized cannabis and address the state/federal law inconsistency https://t.co/GzHo5cXuxA
— Rob Nichols (@BankersPrez) September 12, 2019
“THIS is a very important development- thank you [Sen. Crapo] for helping advance this legislation that will allow people and businesses access to the banking sector in states that have legalized cannabis and address the state/federal law inconsistency,” he wrote in response to the senator’s latest comments.
Politically, passing the banking bill in the Senate could give Sen. Cory Gardner (R-CO), its chief GOP cosponsor, a much-needed win heading toward next year’s election. Democratic candidates, including former Colorado Gov. John Hickenlooper (D) are targeting the seat, and Gardner has made much of his work to support the state’s legal cannabis market.