this could help this dead cat if bill passes.
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POLITICSHouse To Vote On Historic Marijuana Legalization Bill Next Month, Leadership AnnouncesPublished 20 hours ago on August 28, 2020By Kyle Jaeger
SHARETWEET
The House will be voting on a comprehensive marijuana legalization bill in September, congressional leadership confirmed on Friday.
While the floor vote has not yet been scheduled, Majority Whip James Clyburn (D-SC) said in an email blast to members that the chamber is “expected” to take up the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act during the “September work period.”
Marijuana Moment first reported in July on imminent plans to hold a House vote on the cannabis descheduling bill. The legislation, introduced by Judiciary Committee Chairman Jerrold Nadler (D-NY) last year, cleared his panel and was referred to several other committees. It’s not clear whether those committees will waive jurisdiction or mark up the bill in order for it to get a full chamber vote
The MORE Act would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.
It would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.
Clyburn’s email asks lawmakers to report back by Monday to say whether they plan to support the bill on the floor.
“Less than two years ago, we put out our blueprint outlining a path to cannabis legalization in the 116th Congress,” Rep. Earl Blumenauer (D-OR), a chief advocate for reform in Congress, told Marijuana Moment. “Now, after many months of hard work and collaboration, we finally have a chance to end the failed policy of prohibition that has resulted in a long and shameful period of selective enforcement against people of color, especially Black men.”
“As people across the country protest racial injustices, there’s even greater urgency for Congress to seize this historic opportunity and finally align our cannabis laws with what the majority of Americans support, while ensuring restorative justice,” he said.
In a letter to House leadership earlier this month, a coalition of major drug policy and civil rights organizations—including the American Civil Liberties Union, NAACP, Human Rights Watch, Drug Policy Alliance (DPA)—called for a floor vote on the MORE Act by the end of September.
“We are ecstatic to see congressional leadership take the next steps to vote on the MORE Act next month,” Queen Adesuyi, policy manager for DPA, told Marijuana Moment. “Advancing this bill meets the principles of this political moment where millions of Americans are demanding changes to the status quo. House Democrats have the incredible opportunity to move a bill that enjoys bipartisan support while responding to the calls for justice reform and racial justice reverberating across the country.”
Rep. Barbara Lee (D-CA), who, along with Blumenauer, is a co-chair of the Congressional Cannabis Caucus, said it is “extremely encouraging to see our House leadership moving forward on this issue.”
“We are facing challenging times in our fight for racial equity and law enforcement reform, and passing the MORE Act is crucial to addressing our country’s history of injustice,” she said. “This is the next step in our goal of ending the harmful prohibition of cannabis in 2021.”
If the House approves the bill, there will still be an open question about whether the Republican-controlled Senate would follow suit. Majority Leader Mitch McConnell (R-KY) is a strong advocate for hemp, but he’s maintained steadfast opposition to broader marijuana reform. That said, he did hold closed-door meetings with industry representatives last year.
It’s possible the House action could spur the Senate to take up a more dialed back piece of cannabis reform legislation such as the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, however. That bill, which is sponsored by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA), would simply allow states to set their own marijuana policies without fear of federal intervention.
Gardner could use that legislative win as he trails behind former Colorado Gov. John Hickenlooper (D) in his reelection race. What’s more, President Trump has expressed support for the proposal.
The vote on the MORE Act will not be the first time the House has taken up cannabis reform on the floor this Congress.
The chamber approved a coronavirus relief package in May that includes provisions to protect banks that service state-legal marijuana businesses from being penalized by federal regulators. It also approved the standalone Secure and Fair Enforcement (SAFE) Banking Act last year.
Advocates were disappointed after lawmakers declined to include marijuana legalization as part of a recent policing reform bill the House passed. Several legislators made the case that it was an appropriate vehicle for the policy change, as ending cannabis criminalization would minimize police interactions.
“Passage of The MORE Act is essential in order to truly right the wrongs of federal marijuana criminalization, and to once and for all allow the majority of states that have legalized cannabis for either medical or adult-use to embrace these policies free from the threat of undue federal prosecution or interference,” NORML Deputy Director Paul Armentano said.
“A House floor vote will put our federal lawmakers on record,” he added. “We will know who stands with the majority of Americans in supporting an end to the failed federal policy of marijuana prohibition, and equally importantly, we will know in Congress wishes to continue to threaten the freedom and liberty of the millions of Americans who reside in states that have enacted common-sense alternatives to cannabis criminalization.”
A Democratic senator recently said that legalization would be a 2021 priority if Democratic presidential nominee Joe Biden and his running mate Sen. Kamala Harris (D-CA) are elected.
That said, legalization is decidedly not a Biden priority, as the former vice president has maintained an opposition to the broad reform despite supermajority support among Democrats. He’s drawn the line at cannabis possession decriminalization, medical marijuana legalization, expungements and modest rescheduling.
Harris, meanwhile, is the lead Senate sponsor of the MORE Act.
The Democratic National Committee’s platform committee recently rejected an amendment that would’ve added legalization as a 2020 party plank. Some advocates suspect that’s because the party didn’t want to adopt a policy at odds with the agenda of their presidential nominee.
Lee voted against that DNC amendment but she recently said that Biden needs to evolve and support legalization.
Read Clyburn’s full email below:
The House will be voting soon on H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act); and H.R. 7856, the Fiscal Year 2021 Intelligence Authorization Act
H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act)
During the September work period, the House is expected to consider H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act). The MORE Act decriminalizes marijuana at the federal level by removing it from the Controlled Substances Act. This would allow state law to determine the status of marijuana legality for each state.
The bill also requires federal courts to expunge prior marijuana-related convictions and arrests and authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund. This fund would include grant programs administered by the Department of Justice and the Small Business Administration to support individuals who have been adversely affected by the War on Drugs, provide assistance to socially and economically disadvantaged small business owners, and minimize barriers to marijuana licensing and employment.
Click here for the bill text, as reported from the Judiciary Committee.
Click here for a one-pager from the Judiciary Committee.
Click here for a section-by-section from the Judiciary Committee.
…
Response Deadline Sep 03, 2020 at 12:00 PM
Will you SUPPORT H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act)?
Submit Your Response
This story has been updated to include comment from Blumenauer, Lee, DPA and NORML.
Image element courtesy of Tim Evanson.
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UP NEXTVirginia Senate Approves Two Marijuana Bills As Lawmakers Pursue Broader Legalization
DON'T MISSLegalization Opponents Reveal Top Vermont Lawmaker’s Personal Info In Anti-Marijuana Mailer
Kyle JaegerKyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.YOU MAY LIKE
Virginia Senate Approves Two Marijuana Bills As Lawmakers Pursue Broader Legalization
Legalization Opponents Reveal Top Vermont Lawmaker’s Personal Info In Anti-Marijuana Mailer
GOP chair says let states decide on cannabis (Newsletter: August 28, 2020)
Nebraska Medical Marijuana Initiative Heads To Ballot After Secretary Of State Rejects Challenge
Marijuana Legalization Will Be A 2021 Priority If Biden Is Elected, Senator Says
DEA’s Hemp And CBD Rules Raise Concerns About Potential Crackdown, Industry Insiders Say
POLITICSVirginia Senate Approves Two Marijuana Bills As Lawmakers Pursue Broader LegalizationPublished 17 hours ago on August 28, 2020By Kyle Jaeger
Two modest marijuana reform bills cleared the Virginia Senate on Friday, with several others advancing during a special session as lawmakers consider the issue of broader cannabis legalization.
Legislation that would make possession of cannabis in a motor vehicle a secondary offense instead of a primary one, and also prevent law enforcement from searching or seizing property based on the odor of marijuana alone, passed the chamber in a 21-15 vote.
Making possession a secondary offense means that a summons couldn’t be issued unless the person is charged with a separate, second violation.
Virginia lawmakers approved a bill to decriminalize simple marijuana possession earlier this year, and it went into effect on July 1. It makes possession of up to one ounce a civil penalty punishable by a $25 fine with no threat of jail time. But while advocates view that development as a significant victory, legislators are also looking for ways to build upon that reform.
For example, another bill that would give people issued a summons for cannabis possession the option of prepaying the civil penalty instead of having to go to court was approved on Friday in a 29-7 vote.
The House has their own version of the legislation concerning secondary offenses, but it also contains provisions to prohibit individual jurisdictions from enacting ordinances that would make a violation a primary offense if it’s considered a secondary offense under state law. The chamber’s Courts of Justice Committee passed that bill 13-7 on Wednesday.
“A disproportionate number of people pulled over for minor traffic offenses tend to be people of color, this is a contributor to the higher incarceration rate among minorities,” Del. Patrick Hope (D), chief sponsor of that legislation, told The Virginia Mercury.
Lawmakers are also looking at expungements legislation this special session, which started about two weeks ago but doesn’t have a clear end date. One bill would allow a person to petition for an “expungement of the police and court records relating to convictions of marijuana possession” and other low-level offenses after court fines are paid and “five years have elapsed since the date of completion of all terms of sentencing and probation.”
That bill has been approved by the Senate Judiciary Committee and has since been referred the Senate Finance and Appropriations Committee. The Judiciary panel incorporated a separate piece of expungements legislation into the bill.
Del. Jennifer Carroll (D), who is running for governor in 2021, also introduced legislation this special session to legalize marijuana possession. While decriminalization has been enacted, the new bill would amend the code to stipulate that “it is unlawful for any person knowingly or intentionally to possess a controlled substance other than marijuana.”
The bill is awaiting a committee referral.
All of these incremental reforms come as legislators continue to pursue a broader legalization plan in the Commonwealth that would include a system of regulated and taxed sales and production.
The decriminalization bill that passed earlier this year contained a provision that called for the establishment of a working group to study and make recommendations about adult-use marijuana legalization. That group has met twice and expects to issue its report to the legislature at the end of November.
“While there is much more work to be done surrounding criminal justice and cannabis policy, these bills are important steps the Commonwealth can and should immediately take,” Jenn Michelle Pedini, development director of NORML and executive director of the group’s Virginia chapter, told Marijuana Moment. “Prohibiting law enforcement from searching an individual or vehicle solely based on the odor of marijuana will greatly reduce non-essential interactions between law enforcement and otherwise law-abiding members of the public.”
“Most recently, the highest court in Maryland unanimously decided that police may not rely on the odor of marijuana as a justification to perform a warrantless search of a person or to make an arrest,” Pedini said. “It’s time that Virginia follows the same path.”
Meanwhile, the Joint Legislative Audit and Review Committee is doing its own analysis on ending cannabis prohibition and will similarly report on its findings before the end of the year.
While some lawmakers plan to incorporate findings from those reports into a legalization bill in 2021, the Virginia Legislative Black Caucus is calling for an expedited process and isn’t interested in waiting for the results.
Photo courtesy of Philip Steffan.
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.
CONTINUE READINGPOLITICSLegalization Opponents Reveal Top Vermont Lawmaker’s Personal Info In Anti-Marijuana MailerPublished 21 hours ago on August 28, 2020By Kyle Jaeger
The Vermont chapter of the national prohibitionist group Smart Approaches To Marijuana (SAM) appears to have distributed mailers urging residents to call a top lawmaker to express concerns about cannabis issues just as the legislature is finalizing a bill that would legalize commercial sales—and the postcards contain her personal cell phone number.
While it’s not uncommon for campaigns to issue calls to action that include calling or emailing elected officials to voice their opinion, those are typically directed to the professional offices of lawmakers. Legalization advocates say SAM went too far with what they characterize as an invasive strategy.
House Speaker Mitzi Johnson (D) has previously discussed advancing a bill to establish a tax-and-regulate marijuana model in the state. A bicameral conference committee has had two meetings this month to resolve differences between the versions of S. 54 that the House and Senate approved, and the joint group plans to finalize the legislation next week.
In the mailer, SAM argues that marijuana cultivation is dangerous to the environment, causing water pollution, energy consumption, allergies and invasive species—perhaps what they thought would be the most effective argument in green-friendly Vermont.
Front side of mailer.
“Vermonters have worked hard to protect and preserve the natural beauty of our state,” it states alongside several pictures of dead animals. “Cannabis grows create toxic environments for wildlife & sportsmen.”
Back side of mailer, with personal information redacted.
Joshua Decatur, CEO of the cannabis blockchain software company Trace, told Marijuana Moment that “any type of farming or agriculture can and does, if not done appropriately, damage the land and the environment around it,” but “it’s not entirely accurate or fair to focus in on environmental issues as something that’s unique to cannabis or a reason why we shouldn’t legalize.”
“If anything, regulations give us the tools to ensure that land and the environment are being protected,” he said.
It’s not clear how many households received a copy of the mailer. Marijuana Moment sent several requests for comment to SAM and its Vermont chapter, but representatives did not respond by the time of publication.
“We’ve seen some pretty outrageous tactics from Project SAM over the years, but this direct mail piece really takes the cake,” Matt Simon, New England political director for the pro-legalization Marijuana Policy Project told Marijuana Moment. “Fortunately, we are confident that Vermonters will see through the deception. In reality, the environment faces significant threats from unregulated cannabis growers who may employ the use of toxic pesticides, and the best way to address this concern is to pass S. 54 and begin regulating the production and sale of cannabis.”
Vermont legalized possession of up to one ounce of cannabis and cultivation of two plants in 2018, but there are currently no regulations in place that allow for retail sales. The cannabis commerce bill cleared both the House and Senate this session.
During the last conference committee meeting on the legislation, Senate negotiators laid out provisions of the House version that they accepted, rejected or proposed amending. House members of the panel will deliver a counter-offer to the Senate at their next meeting on Monday.
If agreed upon, the panel would still have to get authorization to sign the conference report from the Joint Rules Committee. Then the unified proposal would go back to both chambers for a final vote on sending it to Gov. Phil Scott (R).
Separate legislation to facilitate expunging prior cannabis convictions is also poised to advance through the legislature after top lawmakers from both chambers reached agreement on provisions this month.
Meanwhile, the Senate approved a bill in June that would double the amount of marijuana that can be possessed and grown without the threat of jail time.
Also, Vermont Democratic Party insiders recently included planks to decriminalize drug possession and legalize marijuana sales in a draft platform for 2020. The document is still subject to change based on comments from county committees and delegates at the party’s September 12 convention.
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.
CONTINUE READINGPOLITICSNebraska Medical Marijuana Initiative Heads To Ballot After Secretary Of State Rejects ChallengePublished 2 days ago on August 27, 2020By Kyle Jaeger
Nebraska’s secretary of state on Thursday rejected a legal challenge against an initiative to legalize medical marijuana, clearing a path to the November ballot.
On Wednesday, officials informed the campaign Nebraskans for Medical Marijuana that their measure had enough valid signatures to qualify. But on the same day, a law firm filed a motion asking that the secretary of state prevent the initiative from appearing on the ballot because, they claimed, it violated the state’s single-subject rule precluding ballot measures that cover more than one issue.
The firm, which did not disclose its clients, also argued that the proposal “cases confusion” and “creates doubt about what will be authorized after the election.”
But Secretary of State Robert Evnen—despite having recently kicked three gambling-related initiatives off the ballot because of a single-subject challenge—did not accept the legal argument and is letting the cannabis measure proceed to be decided on by voters.
“Whether the Amendment complies with the single subject rule is a close question,” Evnen wrote in his determination.
“The production and sale of medical cannabis has a natural and necessary connection to legalization of medical cannabis for individual use, which is the primary purpose of the Amendment,” he said, explaining why he ultimately rejected the assertion that the measure covered unrelated issues. “As with other legal medications, third parties are given the right to manufacture, sell and distribute the medications. It is inherent in the legalization of medical cannabis that someone or some category of persons must be granted the right or authority to produce, sell and distribute the medical cannabis.”
The secretary of state concluded by saying that “the constitutional right to bring forward initiative petitions for a vote of the people is fundamental to our state governance and is to be zealously protected.”
“Based upon my review, and for the reasons set forth above, I conclude that the Amendment is legally sufficient and I shall not withhold it from the ballot unless otherwise ordered by a court of competent jurisdiction,” he said.
The medical cannabis campaign celebrated the decision.
“We’ve been working towards this moment for a long time, and today we are closer than ever to making medical marijuana safely and legally accessible to patients in Nebraska,” it wrote in an email blast to supporters. “Of course, this is far from over. In fact, the real battle is just beginning. But this is the fight we’ve wanted to have for years, because we know the people of Nebraska are on our side.”
It’s not clear if the law firm representing unnamed residents taking issue with the ballot measure will appeal Evnen’s decision in court.
The official seemed to bristle at the timing of the late challenge in his seven-page reply.
“This is the eleventh hour. The objection to the Amendment was received by this office on Wednesday, August 26, 2020, only 16 calendar days before the date on which I am required to certify the ballot in its entirety,” he said. “An issue of the magnitude of this matter will surely result in court review no matter what I decide here.”
Nebraskans for Medical Marijuana submitted nearly 200,000 signatures last month, well beyond the 121,669 required to qualify for the ballot.
Under the proposal, physicians could recommend cannabis to patients suffering from debilitating medical conditions, and those patients would then be allowed to possess, purchase and “discreetly” cultivate marijuana for personal use.
Sens. Anna Wishart Adam Morfeld, cochairs of the legalization campaign, and other legislators have tried for years to pass medical cannabis bills in the legislature only to be blocked by opposition from leadership. But with help from the Marijuana Policy Project (MPP) and other advocacy groups, they decided to put the issue directly to voters.
“We’re very pleased to see Secretary Evnen do the right thing,” Jared Moffat, campaigns coordinator for MPP, told Marijuana Moment. “Nebraskans were loud and clear that they want this on the ballot. We’re 68 days away from Election Day, and now the real battle begins.”
While the campaign suspended signature gathering amid the COVID-19 outbreak, it relaunched its efforts in May with new social distancing safety protocols in place.
Nebraska’s attorney general said in an opinion last year that efforts to legalize medical marijuana legislatively in the state would be preempted by federal law and “would be, therefore, unconstitutional.”
Here’s a status update on other 2020 drug policy reform campaigns across the country:
A measure to legalize marijuana in Arizona officially qualified for the November ballot earlier this month.
Montana’s secretary of state also announced this month that cannabis activists collected more than enough signatures to qualify two legalization measures.
The Washington, D.C. Board of Elections certified this month that activists submitted enough valid signatures to place a measure to decriminalize plant- and fungi-based psychedelics in the nation’s capital.
Oregon’s secretary of state confirmed last month that separate measures to legalize psilocybin therapy and decriminalize possession of all drugs while expanding treatment services will appear on the November ballot.
Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.
The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.
And in Mississippi, activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.
Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge said recently that the state must make accommodations for a separate ballot campaign due to signature gathering complications caused by the coronavirus pandemic. But following a U.S. Supreme Court ruling against the other group last week, hopes are dashed.
A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.
North Dakota marijuana legalization activists are shifting focus and will seek qualification for the 2022 ballot.
Washington State activists had planned to pursue a drug decriminalization and treatment measure through the ballot, but citing concerns about the COVID-19 outbreak, they announced last month that they will be targeting the legislature instead.
Read the letter on the medical marijuana ballot measure from Nebraska’s secretary of state below:
Medical Cannabis Initiative… by Marijuana Moment
Photo courtesy of Brian Shamblen.
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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