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The sponsor of a Colorado bill that would have forced social media platforms to ban users for talking positively online about certain controlled substances—including as state-legal psychedelics, certain hemp products and even some over-the-counter cough syrups—abruptly shelved the bill this week. Advocates say their pushback to the proposal “caught the attention of the legislature” and convinced lawmakers to reverse course. The legislation, SB24-158—a broad proposal concerning internet age verification and content policies—would have required social media platforms to immediately remove any user “who promotes, sells, or advertises an illicit substance.” Though an earlier amendment from the bill’s Senate sponsor, Sen. Chris Hansen (D), made a carveout around statements advertising state-legal marijuana to adults over 21, the amended bill would have still applied to numerous other legal and illegal substances. On Wednesday, the bill‘s sponsor in the House, Rep. Meghan Lukens (D) shelved the measure in the Education Committee, a move that will “postpone indefinitely” its consideration, according to the legislature’s website. “The reality is, this bill simply needs more time,” Lukens said during the committee hearing, according to a Westword report. “I am optimistic, after work during the interim, that I can come back with a strong, effective version of this bill. A version that protects all young people from bad actors on social media.” Kevin Matthews, director of the campaign in Denver that made the city the first in the U.S. to decriminalize psilocybin, called the development “a stunning reversal of events” In an email to supporters, Matthews relayed that a “small yet mighty plant medicine coalition descended upon the Capitol grounds during lunchtime chanting ‘Our Freedom of Speech is Under Attack, Protect the Plants Protect the People,'” adding that the coalition’s actions—which also included a sign-on letter to House lawmakers—”caught the attention of the legislature and convinced lawmakers that SB24-158 was flawed policy.” Matthews said it was a “bittersweet victory,” however: “The decision to lay over was announced at the beginning of committee, and the committee chair decided to allow heart-wrenching testimony only from proponents of the bill—teenagers who struggled with doom-scrolling addiction and lack of connection to the outside world, grieving parents who lost children due to the availability of dangerous illicit substances on social media,” and others, he said, who together highlighted “some of the deeply personal, real-world issues and challenges we face with access to harmful content on social media platforms.” R Street Institute Fellow Shoshana Weismann, who first called out the potential problems in the bill’s drug-related language and last month described the amended version as “asinine” for forbidding statements around even some over-the-counter medications, said she was pleased to see the concerns addressed. “I’m sincerely grateful to the sponsors for taking criticism of their efforts so seriously,” Weismann told Marijuana Moment. “That takes a great deal of humility and it’s pretty rare to see. If they are still interested in pursuing their ideas in the future, I hope they reach out to critics to workshop their ideas.” As the legislation made its way through House committees, its Senate sponsor, Hansen, did not respond to questions from Marijuana Moment about whether the legislation intended to ban, for example, a 19-year old medical marijuana patient who posts about medical marijuana to their Instagram story, a user posting to Facebook that the use of a Schedule V over-the-counter cough syrup helped them feel better or promotion by Gov. Jared Polis (D) of the state’s legal psychedelics industry—as a plain reading of the bill might suggest. Hansen said in March that he was “working on answers” to those questions. Under the proposal, social media companies would have been required to update policies and post them publicly on or before July 1, 2025. Updates to social media policies would also need to be posted online within 14 days of implementation. Companies would also be mandated to submit reports annually to the state attorney general a statement “of whether the current version of the published policies contain definitions and provisions relating to illicit substances,” according to a legislative summary of the bill provided to a Senate committee. Lawmakers said that in light of the bill’s other provisions intended to protect young people on social media from firearms and sexual victimization, they hope to revisit it when the legislature reconvenes next year. “It might be slow, but I hope we get there soon,” committee chair Rep. Barbara McLachlan (D) said, according to Westword. Separately, Colorado marijuana regulators earlier this year touted industry successes in 2023 and promoted their new hospitality rules for the industry, including increased sales limits for cannabis hospitality businesses that allow on-site use. One of the things they noted is a rule about online sales that took effect last August. Customers must still physically pick up the marijuana products from retailers, but now they can browse and electronically purchase cannabis online ahead of visiting the store. Polis has praised the state’s reputation on marijuana and even said in January that Colorado is “leading the nation” on psychedelics, just as it did with cannabis. “Colorado was the first state to legalize recreational use of cannabis, setting a standard for innovation and safety and economic mobility that’s been replicated by states across the nation and countries across the world, who come here to learn what Colorado did right,” Polis said in his latest State of the State address. “Now, thanks to our voters, we’re once again leading the nation on natural medicine, unfreezing 50-plus years of stifled research to learn about the potential benefits for the people of our state and beyond.” Colorado has seen more than $15 billion in legal marijuana sales since opening day a decade ago. The state’s nonpartisan Legislative Council Staff (LCS) released a report last August showing that Colorado generated more tax revenue from cannabis than alcohol or cigarettes during the last fiscal year. The Colorado Department of Revenue’s Marijuana Enforcement Division (MED), meanwhile, recently touted an ID verification compliance rate of 99 percent at the state’s cannabis businesses. Two recent polls, meanwhile, indicate that more than a decade after Colorado voters approved the ballot measure making their state the first in the U.S. to launch legal adult-use marijuana sales, a strong majority of those in the state feel the change has been a positive one. Top House Democrat Says Marijuana Rescheduling Is A ‘Step In The Right Direction,’ While GOP Leader Opposes Reform The post Colorado Bill That Would Have Muzzled Social Media Speech On State-Legal Psychedelics And Other Drugs Is Dead For The Year appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Vermont’s Senate has passed a bill to legalize and fund a facility in Burlington where people could use currently prohibited substances in a medically supervised environment—part of a pilot program aimed at quelling the ongoing epidemic of drug-related deaths. Senate lawmakers approved the bill, H.72, on a voice vote on Thursday, with no discussion of the proposal. A day earlier on the Senate floor, however, Sen. Ginny Lyons (D) described the measure as an evidence-based approach to reducing opioid-related deaths in the state. “As long as there’s demand for addictive substances, these problems will persist,” she told colleagues. “H.72 will allow for the establishment of a safe haven for those with addiction at overdose protection centers.” “I know that many of you in this body think of this as a controversial topic, and I had been with you for a long time,” Lyons continued. “I had my reservations as this issue was discussed over the past seven years. And now we have a robust body of research having multiple positive effects of overdose prevention centers and no negative ones. It’s time for us to move forward.” The House of Representatives approved an earlier version of the measure in January, but it’s since seen significant revisions in the Senate. The amended bill now returns to the House for lawmakers there either to sign off on the changes or send the legislation to a bicameral conference committee. As passed by the House, the legislation would have created two overdose prevention centers (OPCs) in undeclared parts of the state, with $2 million set aside in funding for the facilities, plus another $300,000 to study the study the impact of the pilot project. A broad amendment adopted in the Senate Health and Welfare Committee last month, however, narrowed the pilot program to a single site in the city of Burlington, where officials have expressed interest in hosting a facility. The change also cut funding for the program to $1.1 million for the single-site program, though it retained the full $300,000 that was in the House-passed bill to study the impact of the pilot project. Another change made in the Senate Appropriations Committee last week amended the bill to remove a separate section that would have put $1.45 million toward syringe service programs in the state for harm reduction and HIV/AIDS prevention. The Senate version of the bill also now includes a requirement that the facility provide drug-checking services, and it adds language on criminal immunity for OPC staff, property holders and others, to ensure they aren’t subject to arrest or prosecution as the result of good-faith overdose prevention efforts. It would require the OPC to staff the Burlington facility with on-site professionals with training in CPR, overdose interventions, first aid and wound care, as well as medical assessments to determine the need for further emergency care. Sponsored by Rep. Taylor Small (P/D) and 28 House colleagues, the bill is another attempt by lawmakers to allow overdose prevention centers following Gov. Phil Scott’s (R) veto of a 2022 measure that would have established a task force to create a plan to open the sites. If it becomes law, Vermont would join Rhode Island and Minnesota in authorizing the facilities, where people can use illicit drugs with medical professionals present and be connected to various support services, including treatment. Even if the overdose prevention center legislation passes the Senate this session, it still faces a possible veto from the governor. “I just don’t think that a government entity should be in the business of enabling those who are addicted to these drugs that are illegal,” the governor said of the current measure at the time it passed the House earlier this year. Scott wrote in his 2022 veto message on the earlier legislation that “it seems counterintuitive to divert resources from proven harm reduction strategies to plan injection sites without clear data on the effectiveness of this approach.” In addition to endorsements from the current and former mayors of Burlington itself, the proposal has support from advocacy groups including the Drug Policy Alliance, Law Enforcement Action Partnership, National Harm Reduction Coalition, the American Diabetes Association, Planned Parenthood of Northern New England, Johnson Health Center, Broken No More, Recovery Vermont and the Vermont Association for Mental Health Addiction and Recovery. Separately last month, Vermont’s Senate passed a measure that would establish a working group to study whether and how to allow therapeutic access to psychedelics in the state. If the bill is enacted, a report from the working group would be due to the legislature in November with recommendations on how to regulate the substances. As originally introduced, that bill would have also legalized use and possession of psilocybin, but lawmakers on the Senate Health and Welfare Committee nixed that section last week to focus instead on the working group. Though Rhode Island and Minnesota have state laws on the books allowing safe drug consumption sites, New York City became the first U.S. jurisdiction to open locally sanctioned harm reduction centers in November 2021, and officials have reported positive results saving lives. An early study published by the American Medical Association (AMA) found that the facilities had decreased the risk of overdose, steered people away from using drugs in public and provided other ancillary health services to people who use illicit substances. And separate research published by AMA late last year found that the centers have not led to increased crime despite a significant decrease in arrests. Meanwhile the federal government has fought an effort to open an overdose prevention center in Philadelphia, with the Biden administration arguing that the facilities violate federal law. Last month, the court in that case granted the Justice Department’s motion to dismiss a challenge from organizers. The Supreme Court rejected a request to that hear that case in October 2021. DOJ first blocked the Philadelphia nonprofit from opening the overdose prevention center under the Trump administration. Supporters hoped the department would cede the issue under President Joe Biden, who has promoted harm reduction policies as an alternative to criminalization, but the parties could not reach an agreement to allow the facility to open despite months of “good faith” negotiations. Congressional researchers have highlighted the “uncertainty” of the federal government’s position on such facilities, pointing out last November that lawmakers could temporarily resolve the issue by advancing an amendment modeled after the one that has allowed medical marijuana laws to be implemented without Justice Department interference. Meanwhile, National Institute on Drug Abuse (NIDA) Director Nora Volkow has tacitly endorsed the idea of authorizing safe consumption sites, arguing that evidence has effectively demonstrated that the facilities can prevent overdose deaths. Volkow declined to say specifically what she believes should happen with the ongoing lawsuit, but she said safe consumption sites that have been the subject of research “have shown that it has saved a significant [percentage of] patients from overdosing.” Rahul Gupta, the White House drug czar, has said the Biden administration is reviewing broader drug policy harm reduction proposals, including the authorization of supervised consumption sites, and he went so far as to suggest possible decriminalization. The National Institutes of Health (NIH) put out a pair of requests for applications in December 2021 to investigate how safe consumption sites and other harm reduction policies could help address the drug crisis. Gupta, the director of the White House Office of National Drug Control Policy (ONDCP), has said it’s critical to explore “any and every option” to reduce overdose deaths, which could include allowing safe consumption sites for illegal substances if the evidence supports their efficacy. Majority Of Americans Say Marijuana Banking Bill Would Promote Public Safety And Help Underserved Communities, Financial Association Poll Finds The post Vermont Senate Approves Bill To Open Safe Drug Consumption Site In Burlington, Sending Amended Proposal Back To House appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“The statute does not require any business to sell marijuana, or any municipality to adopt, as here, an ordinance to allow marijuana dispensaries within its borders.” By Sophie Nieto-Muñoz, New Jersey Monitor New Jersey’s recreational cannabis law is able to “coexist” with federal marijuana enforcement laws, a state appellate court said in a decision Wednesday. Judge Jack Sabatino, writing for a three-judge panel, affirmed a lower court’s ruling against a group of Highland Park residents who claimed the borough violated federal law by allowing the sale of recreational marijuana, which remains federally illegal. At the center of the legal fight is an ordinance the council adopted in August 2021 that allowed cannabis retailers, consumption lounges, and delivery services to operate in the borough. A group of anti-cannabis residents claimed not just the ordinance, but the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA), violated the federal Controlled Substances Act, New Jersey Municipal Land Use Law, and other state and federal laws. But Sabatino said the state’s recreational law doesn’t violate either section of the Supremacy Clause, which says state laws cannot violate federal laws. He cited Hager v. M&K Construction, a 2021 New Jersey Supreme Court decision that found the Controlled Substances Act “explicitly leaves room for state law to operate.” In that case, the company was ordered to reimburse costs for a worker’s prescribed medical marijuana after he got injured at work. The company said if it reimbursed those costs, it could face federal criminal liability, an argument the court rejected. The Highland Park plaintiffs argued that case doesn’t apply because it focused on medical marijuana, but the Attorney General’s Office and borough officials disagreed. Federal justice officials had advised local government officials to deprioritize prosecution of “marijuana activities” that are legal under state law, and Congress passed appropriations bills that barred the Department of Justice from using allocated funds to prosecute marijuana crimes in states where it’s legal, like New Jersey, Sabatino wrote. If federal officials decided they wanted to pursue cases more aggressively for violating federal marijuana laws, the state’s law wouldn’t get in the way, he said. The two can coexist simultaneously, he added. “CREAMMA does not require any person to possess, purchase, or use marijuana. The statute does not require any business to sell marijuana, or any municipality to adopt, as here, an ordinance to allow marijuana dispensaries within its borders,” he said. “The residents and marijuana businesses of this state act at the risk that their activities might be prosecuted by federal authorities.” Sabatino also noted the federal government’s shifting tone on marijuana, saying the executive branch “muddied the waters.” On Tuesday, federal Drug Enforcement Administration officials confirmed they plan to reclassify marijuana from Schedule I to Schedule III. (This wasn’t mentioned in the decision.) It’s been over two years since recreational cannabis sales launched in New Jersey after voters approved legalizing marijuana through a 2020 ballot question. More than 100 dispensaries have opened since then, including at least one in Highland Park. New Jersey’s decision follows other state courts’ rulings, Sabatino said. Oklahoma’s high court held that the state’s 2020 constitutional amendment to allow recreational marijuana was not preempted by federal law. The Supreme Court of New Hampshire also ruled that statutes concerning reimbursement of the cost of medical marijuana did not conflict with the Controlled Substances Act. And most recently, a New York state court underscored Congress’ decision not to interfere with state marijuana laws. “We are mindful that some other state court opinions have adopted contrary approaches, but we find them less persuasive than the above cases,” Sabatino wrote. While the court affirmed the claims of preemption, the appellate court also reversed the dismissal of the complaint suing over the ordinance that a lower court had found untimely. The trial court has 20 days to convene a case conference regarding the dismissed filing. Attorneys for the borough and the residents did not respond to requests for comment. This story was first published by New Jersey Monitor. Marijuana Legalization Opponents Raise Money For Potential Lawsuit Against Federal Rescheduling Move Photo elements courtesy of rawpixel and Philip Steffan. The post New Jersey Marijuana Legalization Program Doesn’t Violate Federal Law, Appeals Court Panel Rules appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A strong majority of Americans agree that passing a marijuana banking bill would improve public safety, according to a new poll commissioned by Independent Community Bankers of America (ICBA). The survey, conducted by Morning Consult, found that 64 percent of Americans feel the provisions of the Secure and Fair Enforcement Regulation (SAFER) Banking Act to allow cannabis businesses to access the banking system will “help improve public safety.” A second question in the poll noted that some cannabis-related businesses are owned and led by people of color, women and members of the LGBTQ community, asking respondents whether “opening the banking system to cannabis-related businesses would help these underserved communities.” Fifty-four percent agreed. As Senate leadership works to advance the legislation, which cleared committee last September, the ICBA poll that was released last week underscores that the proposal enjoys sizable public support. ICBA has long advocated for the bipartisan cannabis banking legislation and commissioned several polls consistently demonstrating its popularity. The association’s president, Rebeca Romero Rainey, said in a press release that this latest survey featuring questions on cannabis banking and other policies of concern for the association shows that “Americans from coast to coast support our views on key policy issues.” “With polling conducted by Morning Consult showing Americans understand the importance of these issues in ensuring continued access to locally based banking, ICBA is proud to continue helping community banks advocate in Washington and power the potential of local communities nationwide,” she said. The polling is consistent with findings from a separate American Bankers Association (ABA) survey released last month that found 63 percent of Americans back cannabis businesses banking access, compared to just 17 percent who are opposed. A prior ABA survey, in 2022, found 66 percent of people either strongly (37 percent) or somewhat (29 percent) supported marijuana banking reform, while 16 percent either strongly (8 percent) or somewhat (8 percent) opposed it. Nineteen percent of respondents last year said they didn’t know or didn’t have an opinion. A separate ABA poll earlier in 2022 found that 68 percent of respondents felt Capitol Hill should act. ICBA, meanwhile, also hosted a summit in Washington, D.C. this week, where House Financial Services Committee Chairman Vice Chair French Hill (R-AR) discussed ongoing bipartisan collaboration on a cryptocurrency regulations bill that certain lawmakers, including Senate Majority Leader Chuck Schumer (D-NY), hope will be merged with the SAFER Banking Act. Hill said last week that he’d support a hybrid marijuana banking and cryptocurrency bill, saying “our country will benefit” if both reforms are enacted. There have also been talks about attaching both measures to a must-pass Federal Aviation Administration (FAA) reauthorization bill. But those plans are meeting some opposition, with a Senate aide telling Marijuana Moment on Monday that Republican leadership is proactively opposing that possibility. A spokesperson for Senate Minority Leader Mitch McConnell (R-KY) separately told Marijuana Moment that the senator, who is considered a legislative gatekeeper in the GOP caucus, “continues to oppose marijuana banking.” House Speaker Mike Johnson (R-LA) is also reportedly against the move to attach cannabis banking to the aviation legislation. The U.S. Cannabis Council (USCC) said in a leaked internal email to members last week that their sources said that lawmakers have abandoned plans to pursue the SAFER Banking Act through the FAA bill. But Schumer is still pushing to get cannabis banking attached to the legislation, and there are still options on the table to move the SAFER Banking Act. Supporters aren’t giving up hope just yet that McConnell—who championed provisions of the 2018 Farm Bill to federally legalize hemp—can be swayed to let the marijuana financial services reform advance. Meanwhile, last week Schumer once again included the bipartisan marijuana banking bill in a list of legislative priorities he hopes to advance this year. Since the Senate recently approved must-pass appropriations legislation and foreign aid to Ukraine, Israel and Taiwan, there are heightened expectations that floor action could be on the horizon. Adding to those expectations is the recent introduction of a bill to incentivize expungements for past cannabis offenses at the state, local and tribal levels. Schumer has made clear he intends to attach that measure to the banking legislation on the floor. Schumer also recently asked people to show their support for the SAFER Banking Act by signing a petition as he steps up his push for the legislation. A poll released last month by the American Bankers Association (ABA) shows that roughly three out of five Americans support allowing marijuana industry access to the banking system. Rep. Nancy Mace (R-SC) said that that “if Republicans want to keep the House,” they should pass the marijuana banking bill, arguing that “there are votes” to approve it. Schumer told Marijuana Moment last month that the bill remains a “very high priority” for the Senate, and members are having “very productive” bicameral talks to reach a final agreement. Senate Banking Committee Chairman Sherrod Brown (D-OH) said last month that passing the SAFER Banking Act off the floor is a “high priority.” However, he also recently said in a separate interview that advancing the legislation is complicated by current House dynamics. House Majority Whip Tom Emmer (R-MN) separately said during a recent American Bankers Association (ABA) summit that he wants to see the SAFER Banking Act move. He said that, “for whatever reason, the federal government has been slow” to act on the incremental reform that he supports even though he doesn’t identify as “a marijuana guy.” One key factor that’s kept the bill from the Senate floor is disagreement over mostly non-cannabis provisions dealing with broader banking regulations, primarily those contained in Section 10 of the legislation. — Marijuana Moment is tracking more than 1,400 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. — Bicameral negotiations have been ongoing, however, and recent reporting suggests that a final deal could be just over the horizon. The Democratic Senate sponsor of the SAFER Banking Act, Sen. Jeff Merkley (D-OR), told Marijuana Moment last month that the legislation is “gaining momentum” as lawmakers work to bring it to the floor and pass it “this year.” Rep. Earl Blumenauer, founding co-chair of the Congressional Cannabis Caucus, told Marijuana Moment last week that, “every day we’re closer on SAFE Banking, and negotiations “are ongoing in the House and Senate, and we are, in fact, making progress.” At the close of the first half of the 118th Congress in December, Schumer said in a floor speech that lawmakers would “hit the ground running” in 2024, aiming to build on bipartisan progress on several key issues, including marijuana banking reform—though he noted it “won’t be easy.” Top House Democrat Says Marijuana Rescheduling Is A ‘Step In The Right Direction,’ While GOP Leader Opposes Reform Photo courtesy of Mike Latimer. The post Majority Of Americans Say Marijuana Banking Bill Would Promote Public Safety And Help Underserved Communities, Financial Association Poll Finds appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The top Democrat in the U.S. House says the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing a legalization bill that was reintroduced on the Senate side this week. A top GOP leader, on the other hand, is voicing opposition to even the modest proposal to reclassify cannabis. House Minority Leader Hakeem Jeffries (D-NY) said during a press briefing on Wednesday that he supports both the administrative reform that the Justice Department announced—moving to reclassify marijuana as a Schedule III drug under the Controlled Substances Act (CSA)—and the legislation filed by Senate Majority Leader Chuck Schumer (D-NY) and 17 Democratic colleagues to end prohibition altogether. Jeffries said he’s been “long involved in the effort to try to deschedule marijuana and break the back of the prison industrial complex and mass incarceration in the United States of America,” adding that it was an “honor” to work on a bipartisan basis during the last administration to enact sentencing reform. Jeffries and Schumer also previously introduced companion versions of a separate cannabis legalization proposal called the Marijuana Freedom and Opportunity Act. With respect to rescheduling, Jeffries said “the effort taken by the Biden administration was impactful and another step in the right direction that we should build upon legislatively.” House Majority Leader Steve Scalise (R-LA), meanwhile, criticized the administration’s rescheduling action, saying the government should be focused on “reducing the number of people that use drugs and not increasing that number.” “We shouldn’t be making matters worse,” he said. MARIJUANA : House Majority Leader @SteveScalise criticizes reclassifying marijuana “We need to be reducing the number of people that use drugs and not increasing that number” he says of reclassification. “We shouldn’t be making matters worse “ — Erik Wasson (@elwasson) April 30, 2024 President Joe Biden directed the scheduling review, but he has not specifically weighed in on DOJ’s proposal to move marijuana Schedule III yet. The White House said on Wednesday that the decision is generally consistent with the president’s 2020 marijuana reform campaign pledges. The prospects of building upon that with legislation to legalize marijuana are doubtful this session in a divided Congress, however. Instead, lawmakers, advocates and stakeholders are focused on advancing a bipartisan cannabis banking bill. To that end, Schumer signaled he’s not giving up hope on attaching the Secure and Fair Enforcement Regulation (SAFER) Banking Act to must-pass aviation legislation. But Republican leaders in both chambers represent roadblocks for the reform. Senate Minority Leader Mitch McConnell (R-KY) has made clear that he’s opposed to that option. Schumer also said on Tuesday that while the Drug Enforcement Administration’s (DEA) decision to propose marijuana rescheduling is a “historic step forward,” he remains “strongly committed” to advancing cannabis banking and legalization legislation this session. — Marijuana Moment is tracking more than 1,400 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. — Meanwhile, Sen. Chuck Grassley (R-IA) spoke out against the marijuana banking bill this week, linking the legal marketplace to a deadly 2022 shooting at a cannabis facility that involved people who “were all from China.” The bipartisan support for the bill is evident, however. Just last week, the Republican vice chair of the House Financial Services Committee, Rep. French Hill (R-AR) said he would support a hybrid marijuana banking and cryptocurrency regulation bill, saying “our country will benefit” if both reforms are enacted. Rep. Maxine Waters (D-CA), separately said that “now is the time” to pass cannabis banking reform, and she’s “hopeful” lawmakers will “overcome” any potential challenge from McConnell as they work to advance the legislation. Last week Schumer once again included the bipartisan marijuana banking bill in a list of legislative priorities he hopes to advance this year. Marijuana Legalization Opponents Raise Money For Potential Lawsuit Against Federal Rescheduling Move Photo element courtesy of Carlos Gracia. The post Top House Democrat Says Marijuana Rescheduling Is A ‘Step In The Right Direction,’ While GOP Leader Opposes Reform appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

New Jersey marijuana shops sold a record $201 million worth of product in the first quarter of 2024, regulators say. And the state also reached new “historical highs” in sales over the 4/20 weekend, including more than $5.2 million worth of purchases on the holiday alone. The New Jersey Cannabis Regulatory Commission (CRC) announced on Thursday that first quarter sales from January to March were up 38 percent compared to the same time period last year. They attribute that in part to the expansion of retailers in the state, which grew from 96 to 130 over the course of the year. “The significant growth in sales year over year is an indication of the strong potential of New Jersey’s cannabis market,” CRC Executive Director Jeff Brown said in a press release. “We anticipate that as even more dispensaries open across the state, new brands are introduced to the market, and cannabis becomes less stigmatized, sales numbers will continue to go up.” New Jerseyans spent $4,028,365 on adult-use cannabis on April 19, then beat that record with $5,219,294 on the marijuana holiday 4/20 itself. The weekend wrapped up with about $12.5 million in recreational and medical cannabis sales combined. Brown, who recently predicted the state would hit a $1 billion milestone for annual marijuana sales this year, said regulators are “very excited to see all the new, local businesses that have come online and are able to participate in this thriving market.” “I’m particularly proud that we have been able to support this progress while remaining committed to fairness, equity, and safety,” he said. Brown also told Marijuana Moment in March that New Jersey “can be and will be the premier cannabis market on the East Coast.” CRC Chair Dianna Houenou said the “rising sales figures demonstrate a shift in consumer behavior as more people are choosing the safety and reliability of the regulated market over untested or questionable products.” Regulators also celebrated in March after reaching $2 billion in marijuana sales since the market launched in 2018, as well as the opening of more than 100 retailers statewide. — Marijuana Moment is tracking more than 1,400 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. — CRC officials have also stressed that they will not be letting the medical cannabis system fall by the wayside even as they work to support the burgeoning recreational market. To that end, the commission recently eliminated the cost of obtaining a medical cannabis card. In January, CRC also approved final rules to allow marijuana consumption lounges in the state where people could buy and use cannabis products on-site. And as that’s rolled out, advocates are hoping lawmakers will take steps to authorize home cultivation—a policy that Brown has encouraged the legislature to consider. For the time being, however, home cultivation remains a felony in New Jersey, spurring lawmakers and activists to push for a change. Meanwhile, regulators have also solicited input on how to distribute $3 million in revenue from a social equity tax on cannabis cultivators. Marijuana Legalization Opponents Raise Money For Potential Lawsuit Against Federal Rescheduling Move The post New Jersey Set A New Marijuana Sales Record Last Quarter, With Regulators Touting ‘Historical Highs’ On 4/20 Weekend appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A day after the Drug Enforcement Administration’s (DEA) decision that marijuana will move to the less-restrictive Schedule III of the Controlled Substances Act, a leading cannabis prohibition group sent an email to supporters asking for money to fuel its fight against the reform. “SAM will oppose this change at every level, including, if necessary, pursuing legal action,” the group, Smart Approaches to Marijuana, wrote in the email on Wednesday. An included link to what SAM describes as a “Rescheduling Legal Defense Fund” asks for one-time or monthly recurring donations of between $250 and $5,000, though supporters can also choose an “other” amount. “Our new Rescheduling Legal Defense Fund will be used to support our challenges of marijuana laws and regulations, specifically marijuana’s Schedule III recommendation,” the donation page says. SAM, one of the most outspoken organizations against legalizing marijuana, then cited its representatives’ multiple recent appearances in national news and print media. “Let’s be clear: this does not mean marijuana is legalized—it will remain federally illegal,” SAM said in its fundraising email. “But, if implemented, moving marijuana to Schedule III would give Big Marijuana billions in tax write-offs as well as continue the normalization of high-potency THC drugs.” SAM did not immediately provide more details about the possible legal action in response to a query from Marijuana Moment. In the immediate aftermath of the rescheduling announcement on Tuesday, the organization warned that rescheduling “could have far-reaching consequences for public health and safety.” Like many supporters cannabis reform, SAM’s president, Kevin Sabet, also complained that the government’s review process was opaque. “Only when compelled by a legal challenge did they provide clarity on their decision,” Sabet said, referencing the result of a Freedom of Information Act (FOIA) request filed by cannabis lawyers. He further accused the Biden administration of “starting with the decision and working backward to find the supporting materials.” The White House, meanwhile, said on Wednesday that President Joe Biden directive to review marijuana’s status—which resulted in the rescheduling decision—was part of the president’s cannabis pledge he made to voters in the 2020 election. “Let’s not forget that this is something that the president talked about during his campaign,” White House Press Secretary Karine Jean-Pierre said. “He said no American who only possesses marijuana should go to jail. It is affecting communities across the country, including communities of color.” As for the rescheduling decision itself, Jean-Pierre was asked by reporters on Wednesday about the status of DOJ’s proposed rule change and replied that the “process continues”—but couldn’t confirm that the Office of Management and Budget (OMB) has received the proposed rule yet. The Justice Department did confirm on Tuesday that Attorney General Merrick Garland has “circulated a proposal to reclassify marijuana,” but it’s procedurally unclear where the proposal currently sits. A DOJ spokesperson told Marijuana Moment on Wednesday that they don’t have “any additional information beyond the statement from yesterday.” A White House staffer deferred to DOJ. The Justice Department has nevertheless confirmed that the review is now complete, meaning the next step should be a White House OMB review before publishing the proposed rule in the Federal Register. It’s then expected to go through a public comment period and possible administrative hearing before being finalized. Though Biden did previously campaign on rescheduling marijuana, he also pledged to federally decriminalize the plant. But rescheduling, as is now in the works, would neither legalize nor decriminalize cannabis. The president has issued two proclamations granting mass marijuana pardons to people who’ve committed federal possession offenses, but there are still thousands of people incarcerated in federal prison over cannabis-related convictions. The press secretary also said last month that Biden has been “very, very clear” about his support for decriminalizing marijuana. Days earlier, Jean-Pierre reiterated that HHS made its rescheduling recommendation to DEA based on a review that was “guided by evidence [and] by science,” which is “what we believe here in this administration.” In any case, Biden and Vice President Kamala Harris have also become increasingly vocal about marijuana policy reform actions in the lead-up to the November election. Also on Wednesday, congressional lawmakers reintroduced legislation to legalize marijuana nationwide. SAM greeted the development by posting repeatedly on social media that “Marijuana is STILL addictive!” SHARE THIS NEWS: Marijuana is STILL addictive! Marijuana is STILL addictive! Marijuana is STILL addictive! Marijuana is STILL addictive! Marijuana is STILL addictive! Marijuana is STILL addictive! Marijuana is STILL addictive! Marijuana is STILL addictive! https://t.co/2gKEnqqXBV — SAM (@learnaboutsam) May 1, 2024 Hemp Growers Would See Reduced Regulatory Barriers Under Senate Democrats’ Farm Bill The post Marijuana Legalization Opponents Raise Money For Potential Lawsuit Against Federal Rescheduling Move appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Senate Democrats are proposing key changes to federal hemp laws as part of a large-scale agriculture bill—including eliminating a ban on participation in the industry by people with felony drug convictions and reducing regulatory barriers for hemp farmers growing for grain or fiber. The Senate Agriculture, Nutrition, and Forestry Committee released a section-by-section summary of the chamber’s version of the 2024 Farm Bill on Wednesday. It also calls for freeing up federal food assistance benefits for people with drug convictions on their records. The GOP-controlled House Agriculture Committee also posted a much shorter summary of its own separate version of the legislation. While it doesn’t contain any explicit references to hemp-related issues, a top industry group advised stakeholders not to “read too much into that” because they’ve had discussions with leadership on both sides and remain “hopeful that several items of our agenda will be incorporated.” The Senate bill’s summary says it updates the definition of hemp and “lowers regulatory barriers for farmers who are growing industrial hemp for grain and fiber.” It also removes the ban “on persons who were previously convicted of a felony relating to a controlled substance from participating in the program or producing hemp.” The U.S. Hemp Roundtable is also calling attention to the lack of details around the proposed redefining of hemp, cautioning stakeholders about efforts by certain industry groups and prohibitionists to use the agriculture legislation to outright ban hemp-derived cannabinoid products that have “rescued the industry and farmers in recent years.” Jonathan Miller, general counsel for the Roundtable, told Marijuana Moment on Wednesday that the association is “pleased to see the reductions in regulatory burdens for fiber and grain farmers and the repeal of the hemp felon ban for all hemp farmers in the Senate summary.” “We look forward to seeing specifics when the language is released,” he said. “We’re also pleased that, so far, we have not seen any efforts to prohibit or federally criminalize hemp products that have been advocated recently in the last few weeks.” Both of the hemp-focused proposals described in the Senate committee summary appear responsive to standalone legislation that’s been introduced this session to build upon the federal legalization of the crop under the previous 2018 Farm Bill. A press release from Sen. Debbie Stabenow (D-MI), chair of the committee, notes that the legislation incorporates provisions from over 100 bills. Bipartisan senators and House members last year filed legislation to reduce regulations on farmers that grow industrial hemp for non-extraction purposes. Under the measures, farmers that cultivate industrial hemp would no longer be subject to background checks in order to participate in the market, and they wouldn’t have to fulfill rigorous sampling and testing requirements. With respect to lifting the felony conviction ban for hemp farmers, Reps. David Trone (D-MD), Chellie Pingree (D-ME), Dave Joyce (R-OH) and Nancy Mace (R-SC) introduced the “Free to Grow Act” last March. They said upon introduction that it would end what they called a “discriminatory” federal policy barring people with prior felony drug convictions from owning or leading legal hemp businesses. Pingree also introduced legislation last session titled the “Hemp Advancement Act” that would reduce regulatory barriers for hemp farmers cultivating the crop for fiber or grain, while enacting other changes favored by stakeholders such as increasing the THC threshold for legal hemp from 0.3 percent THC by dry weight to one percent. The summary of the Senate bill does not mention any decision to increase the THC threshold, but the full text of the legislation has not yet been introduced. House members, for their part, have yet to release any details of how their bill might address the hemp industry’s concerns. “This is a serious proposal that reflects bipartisan priorities to keep farmers farming, families fed, and rural communities strong,” Sen. Debbie Stabenow (D-MI), chair of the committee, said. “The foundation of every successful Farm Bill is built on holding together the broad, bipartisan coalition of farmers, rural communities, nutrition and hunger advocates, researchers, conservationists, and the climate community. This is that bill, and I welcome my Republican colleagues to take it seriously and rejoin us at the negotiating table so we can finish our work by the end of the year. Farmers, families, and rural communities cannot wait any longer on the 2024 Farm Bill.” Lawmakers and stakeholders have also been eyeing a number of other proposals that could be incorporated into the Farm Bill, including measures to free up hemp businesses to legally market products like CBD as dietary supplements or in the food supply. — Marijuana Moment is tracking more than 1,400 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. — Meanwhile, the hemp market started to rebound in 2023 after suffering significant losses the prior year, the latest annual industry report from the U.S. Department of Agriculture (USDA) that was released last month found. The data is the result of a survey that USDA mailed to thousands of hemp farmers across the U.S. in January. The first version of the department’s hemp report was released in early 2022, setting a “benchmark” to compare to as the industry matures. Bipartisan lawmakers and industry stakeholders have sharply criticized FDA for declining to enact regulations for hemp-derived CBD, which they say is largely responsible for the economic stagnation. To that end, FDA Commissioner Robert Califf testified before the House Oversight and Accountability Committee last month, where he faced questions about the agency’s position that it needed additional congressional authorization to regulate the non-intoxicating cannabinoid. USDA is also reportedly revoking hemp licenses for farmers who are simultaneously growing marijuana under state-approved programs, underscoring yet another policy conflict stemming from the ongoing federal prohibition of some forms of the cannabis plant. For the time being, the hemp industry continues to face unique regulatory hurdles that stakeholders blame for the crop’s value plummeting in the short years since its legalization. Despite the economic conditions, however, a recent report found that the hemp market in 2022 was larger than all state marijuana markets, and it roughly equaled sales for craft beer nationally. Meanwhile, internally at USDA, food safety workers are being encouraged to exercise caution and avoid cannabis products, including federally legal CBD, as the agency observes an “uptick” in positive THC tests amid “confusion” as more states enact legalization. Schumer Suggests Marijuana Banking Could Still Be Attached To Aviation Bill, As GOP House And Senate Leaders Reaffirm Opposition Photo courtesy of Brendan Cleak. The post Hemp Growers Would See Reduced Regulatory Barriers Under Senate Democrats’ Farm Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

As expectations mount about updated federal guidance on marijuana enforcement priorities that could accompany a rescheduling move, the former U.S. deputy attorney general behind an earlier memo on prosecutorial discretion says “almost anything is possible” in terms of expanding its scope to provide more protections for state cannabis markets—including the possibility of sanctioning interstate commerce. A Democratic congressman agrees, telling Marijuana Moment on Tuesday that he expects the Justice Department with “reissue and expand” the Obama-era guidance that generally formalized a policy of non-intervention with respect to state marijuana laws. The so-called Cole memo was rescinded under the Trump administration. James Cole, the former DOJ official who authored that earlier guidance, spoke on Wednesday about federal cannabis policy issues—including the Drug Enforcement Administration’s (DEA) newly announced rescheduling determination—during an event organized by the National Cannabis Roundtable (NCR). “It’s hard for me to speak for DOJ presently—but I think, obviously, you’ve got an enormous step forward with the decision to reschedule,” Cole told Marijuana Moment. “It shows an institutional softening of the position both at DOJ and even more significantly at DEA. It seems to me at this point that the memo I wrote seems to still have some lingering effect.” “It’s always a good idea, every 10 years or so, to take a look at something and see if it needs to be tweaked and if it needs to be improved and what lessons are learned,” he said. “Knowing a lot of people at the Justice Department—these are very smart and very able administrators, and people who run the department really know what they’re doing. I think it’s probably likely they will consider the issue and determine whether or not any further guidance is necessary once the rule has taken effect.” He added that it’s important that “everybody know where the federal government stands on prosecutions and what the guardrails are going to be.” More broadly, Cole said that Congress should establish a regulatory framework for marijuana. But interim guidance could help mitigate confusion resulting from the existing federal-state cannabis policy disconnect. The former deputy attorney general also said future guidance may take into account more contemporary concerns in the state marijuana industry such as restricting products that may appeal to youth. He also said federal prosecutions of the illicit market should be “stepped up both state-wise and federally, because to me the key to all of this is the maintenance of a legitimate and well-regulated business. That’s how you’re going to ensure public safety in this area.” Meanwhile, during a press briefing on Tuesday that followed DEA’s rescheduling announcement, Congressional Cannabis Caucus founding co-chair Rep. Earl Blumenauer (D-OR) told Marijuana Moment that he’s “confident” the Justice Department will “reissue and expand” the Cole memo, though he hasn’t heard directly about the potential timing for such an action. He and Rep. Barbara Lee (D-CA) led a letter to Attorney General Merrick Garland in March that addressed the issue, calling it “unacceptable” that DOJ has yet to reissue the marijuana guidance to discourage interference in state cannabis programs, leaving Americans in a “legal limbo” despite promises to update the policy. During Tuesday’s briefing, Lee also took a question from Marijuana Moment about her views on DEA’s decision to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). While she previously said the incremental reform could set the country back on the path to federal legalization “another 50 years,” the congresswoman seemed to walk that position back on Tuesday, saying it will only set the movement back “if we don’t continue to fight for full descheduling and decriminalization.” “We have to double our efforts—triple our efforts—right now for full descheduling, and that’s what I mean by that,” Lee said. “I don’t mean letting this just rest and move into Schedule III. We have to keep fighting hard and the next eight months I think will be, hopefully, very successful.” It’s not exactly clear how long it will take for the DOJ’s marijuana rescheduling rule to be finalized. First it must receive initial approval from the White House Office of Management and Budget (OMB), after which point it will be published in the Federal Register and open for public comment. There’s also a distinct possibility that opponents may seek to challenge the rule in court or via an administrative hearing. When the rescheduling decision is formally posted in the Federal Register, Cannabis Wire reported that it will be accompanied by a Justice Department Office of Legal Counsel (OLC) opinion that contests the idea that rescheduling would put the U.S. in violation of international treaty obligations, as some opponents have argued. It will also defend the revised two-part scheduling review that the U.S. Department of Health and Human Services (HHS) relied on to make its Schedule III recommendation and clarify that DEA is obligated to defer to the health agency’s scientific findings, the outlet reported. Meanwhile, Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) and a coalition of other Democratic senators are officially reintroduced a bill to federally legalize marijuana on Wednesday. Schumer Suggests Marijuana Banking Could Still Be Attached To Aviation Bill, As GOP House And Senate Leaders Reaffirm Opposition Photo courtesy of Philip Steffan. The post Former Top DOJ Official And Congressman Say Federal Marijuana Guidance May Expand State Protections Following Rescheduling Announcement appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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WH: Rescheduling part of Biden campaign pledge; SAFE Banking debate; Congress psychedelics vote; SC medical marijuana; OH legalization changes Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Your good deed for the day: donate to an independent publisher like Marijuana Moment and ensure that as many voters as possible have access to the most in-depth cannabis reporting out there. Support our work at https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW Senate Majority Leader Chuck Schumer (D-NY) and 17 other Democratic senators filed a bill to federally legalize marijuana—one day after the Drug Enforcement Administration agreed to reschedule cannabis. White House Press Secretary Karine Jean-Pierre said the federal move to reschedule marijuana is part of fulfilling the pledge President Joe Biden made to voters in the 2020 campaign. Senate Majority Leader Chuck Schumer (D-NY) said he’s not giving up on trying to attach marijuana banking provisions to an aviation bill even though House Speaker Mike Johnson (R-LA) and Senate Minority Leader Mitch McConnell (R-KY) are opposed. Sen. Chuck Grassley (R-IA) argued during a hearing that passing a marijuana banking bill will mean that “Chinese money laundering organizations will have an additional avenue for cleaning dirty money.” The House Veterans’ Affairs Committee approved a bill to direct the Department of Veterans Affairs to notify lawmakers if psychedelics are added to its formulary of covered drugs in the event of their federal approval by the Food and Drug Administration. Ohio’s Senate president wants to scale back marijuana home cultivation provisions and make other changes to the voter-approved legalization law by June, but the House speaker says passing something “depends on what it looks like.” The chair of the South Carolina House Medical Cannabis Ad Hoc Committee said it is unlikely a Senate-passed bill to legalize patient access will get a vote in her chamber by the end of the session next week. Shawn Hauser of Vicente LLP argues in a new Marijuana Moment op-ed that the federal decision to reschedule cannabis is “a historic and critically important shift”—with the government “finally (and officially) recognizing the efficacy and safety of cannabis for medical use.” The Missouri Division of Cannabis Regulation’s decision to revoke marijuana social equity licenses from businesses tied to out-of-state companies that used Craigslist to recruit applicants is being appealed. / FEDERAL Former Surgeon General Jerome Adams tweeted, “Another observation on New York City: It smells of weed, everywhere. In the hotel, in the cabs and Ubers, in the restaurants, and even in the hospital. EVERYWHERE. ” Sen. Tim Kaine (D-VA) discussed his support for marijuana banking legislation. Rep. Brian Mast (R-FL) authored a blog post about the federal cannabis rescheduling decision. Rep. Nicole Malliotakis (R-NY) tweeted, “New York Democrats passed legislation to legalize marijuana with NO plan to crack down on the black market or the impact it would have on quality of life. We thank the NYPD for shutting these illegal shops down.” / STATES Georgia Gov. Brian Kemp (R) signed a hemp regulation bill. New York Gov. Kathy Hochul (D) nominated a new secretary of state, with her office noting in a press release that he previously served as co-chair of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus’s Marijuana Regulation and Taxation Task Force on Cannabis. Oklahoma’s attorney general said a new immigration law signed by Gov. Kevin Stitt (R) will “enhance law enforcement’s ability to combat the state’s many illegal marijuana grow operations.” The Connecticut House of Representatives passed a bill to regulate THC-infused beverages. The Minnesota Senate Commerce and Consumer Protection Committee approved a bill to change various cannabis rules. The Pennsylvania House Health Committee approved a bill on oversight of medical cannabis testing labs. The Tennessee Senate Democratic Caucus chairwoman cheered the federal marijuana rescheduling decision. The Ho-Chunk Nation, located within Wisconsin, is moving to decriminalize marijuana. California regulators approved rules allowing marijuana processor, nursery and cultivation licensees to make a one-time change to their license expiration date. Alabama regulators filed several medical cannabis rules. Ohio regulators issued a reminder that marijuana use is strictly prohibited in liquor permit premises. — Marijuana Moment is tracking more than 1,400 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. — / LOCAL Oakland, Mendocino County and Humboldt County, California tourism officials launched a new project that marks historic spots celebrating “the cultural heritage stories of California’s famed cannabis tradition.” The Hialeah, Florida City Council passed a resolution opposing the marijuana legalization initiative on the state’s November ballot. Oakland, California’s Cannabis Regulatory Commission will meet on Thursday. / INTERNATIONAL The Bahamian health minister said legislation to legalize medical cannabis and decriminalize recreational marijuana will be passed before the end of the year. The leader of the Canadian Conservative Party is pressing Prime Minister Justin Trudeau to reject Toronot’s application to enact a drug decriminalization policy. / SCIENCE & HEALTH A study of trends before and after legal marijuana sales began in Washington State found that “prevalence of [driving under the influence of alcohol] decreased overall and among drinkers,” that “overall [driving under the influence of cannabis] did not change significantly but decreased among those who used cannabis” and that “[driving under the influence of both substances] decreased but not significantly.” A study found that “MDMA enhances empathy-like behaviors in mice.” / ADVOCACY, OPINION & ANALYSIS The American Bankers Association said marijuana banking legislation is still needed even in light of a federal rescheduling decision. The Los Angeles Times editorial board is celebrating the federal marijuana rescheduling decision but says more action is needed. / BUSINESS Cookies announced its intention to acquire all operational cannabis assets related to the production and sale of Cookies-branded products in Florida from TRP Co. and its affiliates. The Scotts Miracle-Gro Company reported that its cannabis-focused Hawthorne unit saw $66.4 million in quarterly sales. High Tide Inc. has a new chief financial officer. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Federal cannabis legalization bill filed by 18 senators (Newsletter: May 2, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Senate Majority Leader Chuck Schumer (D-NY) has signaled he’s not giving up hope on attaching a marijuana banking bill to must-pass aviation legislation. But Republican leaders in both chambers represent roadblocks for the reform. Shortly after unveiling his reintroduced legislation to federally legalize cannabis on Wednesday, Schumer was asked about the prospect of attaching marijuana banking and cryptocurrency regulations measures to the Federal Aviation Administration (FAA) bill that’s being negotiated. Senate Minority Leader Mitch McConnell (R-KY) has already made clear that he’s opposed to that option, and anti-cannabis House Speaker Mike Johnson (R-LA) said broadly that he’s against adding any unrelated measures to the FAA legislation, Bloomberg News reported. But Schumer said on Wednesday that “there are lots of people who have different amendments not relevant to the FAA that want to get them on.” “I’m one of those—but we have to get this done in a bipartisan way. And we’ll figure out the best way to get it done,” he said. McConnell’s office told Marijuana Moment on Monday that the minority leader “continues to oppose marijuana banking,” without specifically responding to a question about whether he was resisting a push to adding the Secure and Fair Enforcement Regulation (SAFER) Banking Act to the FAA legislation. With new reporting that Johnson is also against advancing the package as part of the Federal Aviation Administration bill, it seems increasingly unlikely that the legislation will serve as the vehicle for the cannabis reform. There are other options, however, including the continued possibility that it moves as a standalone or attached to another bill in the lame duck session following the November elections, for example. A Senate source told Marijuana Moment this week that SAFER Banking supporters on the Hill are hoping that other GOP leaders in favor of the proposal, such as the bill’s chief Republican sponsor Sen. Steve Daines (R-MT), will put pressure on McConnell to let it advance. That said, Bloomberg reported that Daines expressed skepticism about the FAA-marijuana banking-cryptocurrency package coming to fruition in an interview this week. Daines’s office has not responded to multiple requests for comment. For his part, Schumer said on Tuesday that while the Drug Enforcement Administration’s (DEA) newly reported decision to propose marijuana rescheduling is a “historic step forward,” he remains “strongly committed” to advancing cannabis banking and legalization legislation this session. Meanwhile, Sen. Chuck Grassley (R-IA) spoke out against the marijuana banking bill this week, linking the legal marketplace to a deadly 2022 shooting at a cannabis facility that involved people who “were all from China.” The bipartisan support for the bill is evident, however. Just last week, the Republican vice chair of the House Financial Services Committee, Rep. French Hill (R-AR) said he would support a hybrid marijuana banking and cryptocurrency regulation bill, saying “our country will benefit” if both reforms are enacted. Rep. Maxine Waters (D-CA), separately said that “now is the time” to pass cannabis banking reform, and she’s “hopeful” lawmakers will “overcome” any potential challenge from McConnell as they work to advance the legislation. Meanwhile, last week Schumer once again included the bipartisan marijuana banking bill in a list of legislative priorities he hopes to advance this year. Since the Senate recently approved must-pass appropriations legislation and foreign aid to Ukraine, Israel and Taiwan, there are heightened expectations that floor action could be on the horizon. Adding to those expectations is the recent introduction of a bill to incentivize expungements for past cannabis offenses at the state, local and tribal levels. Schumer has made clear he intends to attach that measure to the banking legislation on the floor. Schumer also recently asked people to show their support for the SAFER Banking Act by signing a petition as he steps up his push for the legislation. A poll released in March by the American Bankers Association (ABA) shows that roughly three out of five Americans support allowing marijuana industry access to the banking system. Rep. Nancy Mace (R-SC) said that that “if Republicans want to keep the House,” they should pass the marijuana banking bill, arguing that “there are votes” to approve it. Schumer told Marijuana Moment in March that the bill remains a “very high priority” for the Senate, and members are having “very productive” bicameral talks to reach a final agreement. Senate Banking Committee Chairman Sherrod Brown (D-OH) said in March that passing the SAFER Banking Act off the floor is a “high priority.” However, he also recently said in a separate interview that advancing the legislation is complicated by current House dynamics. House Majority Whip Tom Emmer (R-MN) separately said during a recent American Bankers Association (ABA) summit that he wants to see the SAFER Banking Act move. He said that, “for whatever reason, the federal government has been slow” to act on the incremental reform that he supports even though he doesn’t identify as “a marijuana guy.” One key factor that’s kept the bill from the Senate floor is disagreement over mostly non-cannabis provisions dealing with broader banking regulations, primarily those contained in Section 10 of the legislation. — Marijuana Moment is tracking more than 1,400 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. — Bicameral negotiations have been ongoing, however, and recent reporting suggests that a final deal could be just over the horizon. The Democratic Senate sponsor of the SAFER Banking Act, Sen. Jeff Merkley (D-OR), told Marijuana Moment in March that the legislation is “gaining momentum” as lawmakers work to bring it to the floor and pass it “this year.” Rep. Earl Blumenauer (D-OR), founding co-chair of the Congressional Cannabis Caucus, told Marijuana Moment last month that, “every day we’re closer on SAFE Banking, and negotiations “are ongoing in the House and Senate, and we are, in fact, making progress.” At the close of the first half of the 118th Congress in December, Schumer said in a floor speech that lawmakers would “hit the ground running” in 2024, aiming to build on bipartisan progress on several key issues, including marijuana banking reform—though he noted it “won’t be easy.” White House Says Marijuana Rescheduling Is Part Of Pledge Biden Made To Voters In Last Campaign The post Schumer Suggests Marijuana Banking Could Still Be Attached To Aviation Bill, As GOP House And Senate Leaders Reaffirm Opposition appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The White House says that President Joe Biden’s marijuana review directive that’s now resulted in a Justice Department rescheduling decision is part of fulfilling the pledge he made to voters in the 2020 election. At a press briefing on Wednesday, White House Press Secretary Karine Jean-Pierre was asked about the status of DOJ’s proposed rule to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). She said that the “process continues,” but she couldn’t confirm that the Office of Management and Budget (OMB) has received the proposed rule yet. The Justice Department did confirm on Tuesday that Attorney General Merrick Garland has “circulated a proposal to reclassify marijuana,” but it’s procedurally unclear where exactly that proposal currently sits. A DOJ spokesperson told Marijuana Moment on Wednesday that they don’t have “any additional information beyond the statement from yesterday.” A White House staffer deferred to DOJ. During Wednesday’s briefing, Jean-Pierre simply reiterated that Biden directed the scheduling review in late 2022, the U.S. Department of Health and Human Services (HHS) recommended moving cannabis to Schedule III and “DOJ is looking into that.” “I just want to be really mindful there. They’re moving with that process. I don’t have anything more to say,” she said. While she deferred to DOJ after being asked whether the White House OMB has received the rescheduling proposal, the press secretary added: “Let’s not forget that this is something that the president talked about during his campaign. He said no American who only possesses marijuana should go to jail. It is affecting communities across the country, including communities of color.” “This is why he asked HHS and Department of Justice to look into this, and that’s what they’re doing,” she said. “This is a commitment and a promise that he made when he decided to run back in 2019, and he was very clear why it was important, he believed, to ask the Department of Justice and HHS to review this,” the press secretary said. “That review continues, and so don’t want to get ahead of how [DOJ is] moving forward.” Again, the Justice Department confirmed that the review is now complete, meaning the next step should be a White House OMB review before publishing the proposed rule in the Federal Register. It’s then expected to go through a public comment period and possible administrative hearing before being finalized. While Jean-Pierre is right that Biden did previously campaign on rescheduling marijuana, he also pledged to federally decriminalize the plant. But rescheduling, as is now in the works, would not legalize or decriminalize cannabis. The president has issued two proclamations granting mass marijuana pardons to people who’ve committed federal possession offenses, but there are still thousands of people incarcerated in federal prison over cannabis-related convictions. The press secretary also said last month that Biden has been “very, very clear” about his support for decriminalizing marijuana. Days earlier, Jean-Pierre reiterated that HHS made its rescheduling recommendation to DEA based on a review that was “guided by evidence [and] by science,” which is “what we believe here in this administration.” In any case, Biden and Vice President Kamala Harris have also become increasingly vocal about marijuana policy reform actions in the lead-up to the November election. Congressional Committee Approves GOP-Led Psychedelics Bill Focused On Military Veterans’ Therapeutic Access The post White House Says Marijuana Rescheduling Is Part Of Pledge Biden Made To Voters In Last Campaign appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A congressional committee has approved a GOP-led psychedelics bill focused on military veterans’ access. About two weeks after the House Veterans’ Affairs Health Subcommittee advanced the legislation, members of the full committee on Wednesday advanced it to potential floor action in a voice vote as part of an en bloc package with other measures. The proposal from Rep. Derrick Van Orden (R-WI) would require the U.S. Department of Veterans Affairs (VA) to notify Congress if any psychedelics are added to its formulary of covered prescription drugs. The bill states that VA must report to Congress on the addition of any psychedelic medicines to its formulary within 180 days of their federal approval by Food and Drug Administration (FDA). The report would need to include “the determination of the Secretary whether to include such drug in the formulary of the Department,” as well as “the justification of the Secretary for such determination,” the bill text says. At a hearing earlier this year, VA came out against the psychedelics bill, arguing that it’s “unnecessary.” Currently, there are no psychedelic drugs that are federally approved to prescribe as medicine. But that could soon change, as FDA recently agreed to review a new drug application for MDMA-assisted therapy on an expedited basis. The agency has also designated psilocybin, and more recently an LSD-like compound, as “breakthrough therapies.” In January, VA separately issued a request for applications to conduct in-depth research on the use of psychedelics to treat PTSD and depression. Van Orden, who filed the psychedelics bill, is also a co-sponsor of a bipartisan measure to provide funding to the Department of Defense (DOD) to conduct clinical trials into the therapeutic potential of certain psychedelics for active duty military members. That reform was signed into law by President Joe Biden under an amendment attached to the 2024 National Defense Authorization Act (NDAA). In March, congressional appropriations leaders also unveiled a spending package that contains language providing $10 million to facilitate the psychedelics studies. The health subcommittee last month also approved a separate medical cannabis measure, sponsored by the subcommittee chair Rep. Mariannette Miller-Meeks (R-IA), titled the Veterans Cannabis Analysis, Research, and Effectiveness (CARE) Act. But the full panel has not yet acted on the legislation. The proposal would require VA to “conduct and support research relating to the efficacy and safety of forms of cannabis” for chronic pain, post-traumatic stress disorder (PTSD) and “other conditions the Secretary determines appropriate.” The legislation specifies that the VA studies must involve plants and extracts, at least three varieties of cannabis with different concentrations of THC and CBD and “varying methods of cannabis delivery, including topical application, combustable and non-combustable inhalation, and ingestion.” VA would first have to submit a research plan to House and Senate Veterans’ Affairs Committees and make any requests to support the studies. Over the course of five years after the bill is enacted, VA would need to send annual reports on its progress to the panels. At last month’s hearing, the U.S. Department of Veterans Affairs (VA) voiced support for the bill on the condition that certain amendments were made. The measure as drafted is identical to an earlier bill Miller-Meeks sponsored last Congress. On the Senate side, a committee approved a separate bill last February to promote research into the therapeutic effects of marijuana for military veterans with certain conditions. However, Senate Republicans blocked a procedural motion to advance it to the floor. In a floor speech last year, Miller-Meeks, the subcommittee chair, talked about the need to support “novel forms of research” to unlock the potential of psychedelics and cannabis for the treatment of conditions like PTSD that commonly afflict veterans. She also touted first-ever FDA guidance on psychedelics research that she separately requested in a bill filed last year alongside Reps. Dan Crenshaw (R-TX) and Ro Khanna (D-CA). — Marijuana Moment is tracking more than 1,400 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. — During joint U.S. House and Senate committee meetings in March, VSOs also pressed members of Congress to more urgently pursue the potential benefits of psychedelic-assisted therapy and medical marijuana. The requests from groups like the Iraq and Afghanistan Veterans of America, Veterans of Foreign Wars of the United States, Disabled American Veterans and the Wounded Warrior Project came on the heels of organizations at last year’s set of annual VSO hearings criticizing VA for “dragging their feet” on medical marijuana research. In October, VA separately launched a new podcast about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. FDA officials also recently joined scientists at a public meeting on next steps for conducting research to develop psychedelic medicines. Schumer Says DEA Marijuana Rescheduling Decision Is ‘Historic,’ But He Remains ‘Strongly Committed’ To Passing Banking And Legalization Bills Image courtesy of Kristie Gianopulos. The post Congressional Committee Approves GOP-Led Psychedelics Bill Focused On Military Veterans’ Therapeutic Access appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Lawmakers on a South Carolina House committee took testimony on Tuesday on a Senate-passed bill that would legalize medical marijuana in the state, but the panel’s chair says it’s unlikely the proposal will actually receive a vote in her chamber by the end of the legislative session. At a roughly two-and-a-half-hour hearing, the House Medical Cannabis Ad Hoc Committee took testimony from doctors, patients and members of the public. After the hearing, however, Rep. Sylleste Davis (R), who chairs the panel, told reporters that the body is unlikely to meet again before lawmakers adjourn on May 9. “We just don’t have a lot of time,” Davis said, according to The Post and Courier. “But I mean, I do think this was a worthwhile effort. It certainly isn’t time wasted. We learned a lot today and got some good information.” The bill’s sponsor, meanwhile—Sen. Tom Davis (R), has said he was frustrated by how long it took for his measure to be taken up by House lawmakers following its passage by the Senate. “I intentionally, you know, got the Senate to move it up and move it quickly,” he told SC Public Radio. “It got passed out, I think, the first or second week in February to get it over to them in time. And, so, they’ve had over two months, and it’s just been sitting in committee. And, look, that is frustrating.” The House committee held an initial last week, taking testimony from medical experts and law enforcement. On Tuesday, the committee opened comments to the broader public, drawing patients, veterans, medical professionals and various other advocates. There was little discussion from lawmakers themselves, though some asked questions of those who testified. Following the first speaker, for example—Bill Lynch, a clinical pharmacist in Philadelphia who warned of a litany of individual health and public safety dangers that he said legalization would worsen—Rep. Wendell Jones (D) asked whether the majority of the problems Lynch cited were about medical patients or recreational consumers. Lynch replied that recreational users made up the bulk of the cases with negative outcomes—involving heart trouble among young adults, increased risk of psychosis and schizophrenia as well as heightened violence, he said—but added: “That does not mean you cannot have some of these cardiovascular and mind-altering events happen for medically prescribed” marijuana. Rep. Heath Sessions (R), meanwhile, queried Lynch about his comments that the pharmacist currently dispenses synthetic cannabinoids in his practice. “Did you mention that you can prescribe synthetic THC?” the lawmaker asked. Lynch confirmed that his clinic does provide the pharmaceutical Marinol, a form of synthesized THC, and the cannabis-derived drug Epidiolex, a purified CBD product. “Those two products do exist,” he said, “and are approved prescriptions that I do give out and dispense at the hospital. But they’re the only two that are quote-unquote ‘isolated forms of marijuana’ that we use.” Passed by the Senate in February, the bill languished in the House for weeks until it was first taken up in committee earlier this month. Davis, the Senate sponsor, has pointed out that there are just a few weeks left in the session to get the bill through the full chamber before potentially going to the desk of Gov. Henry McMaster (R). Any amendments made in the House would mean that it’d need to return to the Senate for concurrence. “I just implore you to please send [S. 423] to the House so that the full body of legislators can give it the vetting, and hopefully the support that the Senate did after six years of contentious consideration,” said Margaret Richardson, a patient with trigeminal neuralgia—a chronic pain disorder—who’s worked for years to bring medical marijuana to South Carolina. Among the public, the reform enjoys overwhelming bipartisan support in the state, with the latest medical cannabis legalization poll finding support among 93 percent of Democrats, 74 percent of Republicans and 84 percent of independents. Broadly, the bill would allow patients to access cannabis from licensed dispensaries if they receive a doctor’s recommendation for the treatment of qualifying conditions, which include several specific ailments as well as terminal illnesses and chronic diseases where opioids are the standard of care. The state Senate passed an earlier version of the legislation in 2022, but it stalled in the opposite body over a procedural hiccup. David Mangone, a legalization advocate who began his career in South Carolina before moving to Washington, D.C., remarked that “versions of this bill have come up before in the statehouse, but this is really the first time where we are sitting with a change in federal status.” Referring to the announcement that the Drug Enforcement Administration had given the OK to moving marijuana to Schedule III, Mangone encouraged the Senate lawmakers to “read at least the summary of the 250 pages put together finding that there is a currently accepted medical use and an abuse potential lower than drugs in Schedule I and Schedule II.” Two speakers—one a patient with multiple sclerosis, another a 26 year old with degenerative disc disorder—shared how experiences in California’s legal marijuana market led them to believe that cannabis could offer more relief for their ailments than the prescription drugs they were taking. “I was off of opioids within, I want to say, a month. I did not have hardly as severe withdrawal symptoms because of it,” said Wade Tolleson, who began using opioids for his back pain when he was 18. “Even though I have doctors that will look me dead in the eye and tell me that medical cannabis would be better for me in the long run, they tell me their hands are tied,” Tolleson told the panel. “Basically my future looks like either living with more degenerative discs and a lot of pain or they want to do double triple fusions. At 26 I won’t be able to even pick up a child.” Opponents of the bill who spoke at the hearing shared stories of family members whose lives they said were destroyed by cannabis use, for example as the result of suicidal ideation. Others granted that marijuana isn’t a cure-all but said patients deserve to have access to it as part of a treatment regimen. “Cannabis isn’t a perfect medicine,” said Jennifer Kovacs, a clinical pharmacist who works with the cannabis industry. “But it certainly has a better safety profile than most pharmaceuticals dispensed, including opiates and benzos. Cannabis has multi-target therapy. Pharmaceuticals do not.” But critics warned that whole plant cannabis medicine, with its mixture of hundreds of compounds, departs too much from established pharmaceutical standards to be embraced as a mainstream treatment. A number of other opponents spoke against the medical marijuana proposal on religious and family-values grounds. “From our perspective, I want to say, first of all, that we pray for our legislators, because we know you are leaders and you’re guides and, biblically, you’re actually shepherds,” said Steve Pettit, the president of the Palmetto Family Council, telling lawmakers that “we represent the families of the state in many ways.” Though his wife has had multiple sclerosis and non-Hodgkin’s lymphoma and currently has a type of carcinoma, Pettit said, “we would be very opposed to the approach of medical marijuana.” “We know that from a biblical perspective that a being involved in hallucinogenic drugs is a sinful behavior,” he said, “because even drunkenness is considered sinful behavior.” Here are the main provisions of the bill: “Debilitating medical conditions” for which patients could receive a medical cannabis recommendation include cancer, multiple sclerosis, epilepsy, post-traumatic stress disorder (PTSD), Crohn’s disease, autism, a terminal illness where the patient is expected to live for less than one year and a chronic illness where opioids are the standard of care, among others. The state Department of Health and Environmental Control (DHEC) and Board of Pharmacy would be responsible for promulgating rules and licensing cannabis businesses, including dispensaries that would need to have a pharmacist on-site at all times of operation. In an effort to prevent excess market consolidation, the bill has been revised to include language requiring regulators to set limits on the number of businesses a person or entity could hold more than five percent interest in, at the state-level and regionally. A “Medical Cannabis Advisory Board” would be established, tasked with adding or removing qualifying conditions for the program. The legislation was revised from its earlier form to make it so legislative leaders, in addition to the governor, would be making appointments for the board. Importantly, the bill omits language prescribing a tax on medical cannabis sales, unlike the last version. The inclusion of tax provisions resulted in the House rejecting the earlier bill because of procedural rules in the South Carolina legislature that require legislation containing tax-related measures to originate in that body rather than the Senate. Smoking marijuana and cultivating the plant for personal use would be prohibited. The legislation would sunset five years after the first legal sale of medical cannabis by a licensed facility in order to allow lawmakers to revisit the efficacy of the regulations. Doctors would be able to specify the amount of cannabis that a patient could purchase in a 14-day window, or they could recommend the default standard of 1,600 milligrams of THC for edibles, 8,200 milligrams for oils for vaporization and 4,000 milligrams for topics like lotions. Edibles couldn’t contain more than 10 milligrams of THC per serving. There would also be packaging and labeling requirements to provide consumers with warnings about possible health risks. Products couldn’t be packaged in a way that might appeal to children. Patients could not use medical marijuana or receive a cannabis card if they work in public safety, commercial transportation or commercial machinery positions. That would include law enforcement, pilots and commercial drivers, for example. Local governments would be able to ban marijuana businesses from operating in their area, or set rules on policies like the number of cannabis businesses that may be licensed and hours of operation. DHEC would need to take steps to prevent over-concentration of such businesses in a given area of the state. Lawmakers and their immediate family members could not work for, or have a financial stake in, the marijuana industry until July 2029, unless they recuse themselves from voting on the reform legislation. DHEC would be required to produce annual reports on the medical cannabis program, including information about the number of registered patients, types of conditions that qualified patients and the products they’re purchasing and an analysis of how independent businesses are serving patients compared to vertically integrated companies. Despite strong support among the public, many in South Carolina’s law enforcement community have come out in opposition to the reform. Sheriff Duane Lewis of Berkeley County, representing the South Carolina Sheriff’s Association (SCSA), for example, testified in opposition to the proposal last week, arguing that marijuana is a gateway drug and that the proposed reform “would only exacerbate existing challenges and jeopardize safety.” Mark Keel, chief of the S.C. Law Enforcement Division (SLED), also spoke against the medical cannabis bill, stating that “once we go down that road, we’re not gonna be able to claw it back.” Other commenters, however, pushed back against those claims. Retired Chief Jeffrey Moore, Lewis’s predecessor at SCSA, came out in strong support of the medical cannabis bill, describing how his son struggled with alcohol abuse after experiencing significant trauma during military service in Iraq, only to find recovery with the help of marijuana he obtained legally in Michigan. “Marijuana saved his life,” Moore said. Cannabis “gave him a relief from the nightmares, the grief, the constant tears—gave him a chance to put his life back together.” Prakash Nagarkatti, a professor of medicine at the University of South Carolina, defended the therapeutic potential of cannabis for dozens of health conditions. “People who are healthy do not have a right to tell people who are sick and say that, ‘No you cannot have this plant, which has the medicinal value, because if you start using this, we who are healthy will also start abusing it,’” he said. “I don’t think the society should be made in such such a way that we decline any type of medicine that provides relief for patients who have no other source of medicines available to treat that pain as well as debilitating conditions.” Rep. Marvin Smith (R) told the chief that while he is “not in favor or in support of legalizing marijuana usage throughout the state,” it is “impossible not to empathize with the stories that we hear from families who were in the oftentimes end-of-life situations, are dealing with significant chronic pain issues and seizure issues.” “It’s really, really difficult for me to just totally dismiss this bill as as an elected official—to say that it’s not an issue that we need to deal with. I don’t think that’s fair,” he said. “We’re here to serve all the populations.” When senators began debating the medical marijuana legislation in February, the body adopted an amendment that clarifies the bill does not require landlords or people who control property to allow vaporization of cannabis products. As debate on the legislation continued, members clashed over whether the current version of the legislation contains major differences from an earlier iteration that the body passed in 2022. Certain lawmakers have also raised concerns that medical cannabis legalization would lead to broader reform to allow adult-use marijuana, that it could put pharmacists with roles in dispensing cannabis in jeopardy and that federal law could preempt the state’s program, among other worries. After Davis’s Senate-passed medical cannabis bill was blocked in the House in 2022, he tried another avenue for the reform proposal, but that similarly failed on procedural grounds. The lawmaker has called the stance of his own party, particularly as it concerns medical marijuana, “an intellectually lazy position that doesn’t even try to present medical facts as they currently exist.” DEA, FDA And Other Agencies To Discuss Marijuana’s Potential To Treat Pain At Upcoming Federal Research Meeting Photo courtesy of Chris Wallis // Side Pocket Images. The post South Carolina Medical Marijuana Bill Won’t Receive House Vote By End Of Session, Committee Chair Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) and a coalition of other Democratic senators are officially reintroducing a bill to federally legalize marijuana. One day after the Justice Department announced that it is moving to reschedule cannabis in a historic policy shift, the senators held a press conference on Wednesday to unveil the Cannabis Administration and Opportunity Act (CAOA). The bill is largely identical to an earlier version the senators previously introduced in 2022, except that language around fair hiring in banking was removed because that issue has already been addressed in the most recent National Defense Authorization Act (NDAA). The senators’ move to file the broad legalization measure also comes as industry advocates continue to push to enact narrower legislation focused on cannabis business’s access to banking services. “It’s past time for the federal government to catch up to the attitudes of the American people when it comes to cannabis,” Schumer said in a press release on Wednesday. “That’s why we’re reintroducing the Cannabis Administration and Opportunity Act, legislation that would finally end the federal prohibition on cannabis while prioritizing safety, research, workers’ rights and restorative justice.” “We have more work to do to address decades of over-criminalization, particularly in communities of color, but today’s reintroduction shows the movement is growing, and I will keep working until we achieve meaningful change,” he said. Watch the senators discuss the federal marijuana legalization bill in the video below: Wyden stressed that the CAOA “doesn’t tell states what to do—but it provides them with the tools to effectively implement the laws their voters and legislators choose.” “Public health, public safety, opportunity and social justice must be at the core of any cannabis reform proposal, and it’s crucial stakeholders continue to have a seat at the table,” he said. “I look forward to working with my colleagues and advocates across the country to make these priorities a reality.” Booker, meanwhile, said it’s “long past time to confront the failure of the War on Drugs, particularly its disproportionate impact on communities of color and low-income individuals. We must take proactive and significant steps to rectify these ongoing injustices.” “Thousands of people have suffered at the hands of our broken cannabis laws, and the Cannabis Administration and Opportunity Act would finally dismantle the outdated federal marijuana prohibition, expunge past convictions for people with low-level cannabis offenses, and ensure restorative justice for communities impacted by the War on Drugs,” he said. “These common-sense policies will ensure a more equitable criminal justice system and promote public safety.” The legislation is being introduced with a total of 18 original cosponsors. In addition to the trio leading the bill, the other members signed on are Sens. Patty Murray (D-WA), Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), Ed Markey (D-MA), Michael Bennet (D-CO), Gary Peters (D-MI), Tina Smith (D-MN), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Alex Padilla (D-CA), Peter Welch (D-VT), Raphael Warnock (D-GA), John Fetterman (D-PA) Laphonza Butler (D-CA). Here are the key versions of the CAOA as reintroduced: Require the attorney general to finalize a rule removing marijuana from the CSA within 180 days of enactment. Impose a 5 percent federal excise tax on small- to mid-sized cannabis producers, which would gradually increase to 12.5 percent after five years. For large businesses, the tax would start at 10 percent and increase to a maximum of 25 percent. Only those 21 and older would be allowed to purchase recreational marijuana products, as is already the policy in states that have legalized for adult use. Expunge the records of people with low-level, federal cannabis convictions within one year of enactment, while allowing those currently incarcerated over marijuana to petition the courts for relief. Create a federal regulatory framework for the marijuana industry, with the Food and Drug Administration (FDA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) all playing key roles. Within FDA, there would be a Center for Cannabis Products responsible for regulating “the production, labeling, distribution, sales and other manufacturing and retail elements of the cannabis industry,” according to a summary. The Financial Crimes Enforcement Network (FinCEN) would need to update or issue new guidance clarifying to banks and credit unions that the policy change means that they can lawfully service legitimate cannabis businesses. States could choose to continue prohibiting marijuana production and sales, but they could not prevent transportation of cannabis products between legal states through their jurisdictions. Federal laws would still prohibit trafficking in states that ban marijuana and in legal states that impose laws for trafficking. Establish a grant program to fund non-profit organizations that provide job training, reentry services and legal aid. The program would be managed by a new Cannabis Justice Office under the Justice Department. DOJ grants would also go toward law enforcement hiring and community outreach to combat the illicit market. Separate Equitable Licensing Grant and Equitable Licensing Grant Programs would provide funding for states and localities to promote participation in the industry by minority and low-income people. Further, there would be a 10-year pilot program through the federal Small Business Administration “for intermediary lending” to provide “direct loans to eligible intermediaries that in turn make small business loans to startups, businesses owned by individuals adversely impacted by the War on Drugs, and socially and economically disadvantaged small businesses.” People could not be denied federal benefits due to the use or possession of marijuana or for a conviction for a cannabis offense. That includes preventing the revocation of security clearances for federal employees. Federal employment drug testing for marijuana would also be prohibited, with certain exceptions for sensitive positions such as law enforcement and those involving national security. Physicians with the U.S. Department of Veterans Affairs (VA) would be authorized to issue recommendations for medical cannabis to veterans. There would be measures taken to prevent diversion, including the establishment of a track-and-trace regime. Further, retail cannabis sales would be limited to 10 ounces in a single retail transaction. Federal law would be amended to explicitly state that SBA programs and services available to marijuana businesses and companies that work with them. The Government Accountability Office (GAO) would be required to facilitate a number of studies into marijuana policy—for example evaluations of the societal impact of legalization in states with recreational marijuana laws on the books, including information on impaired driving, violent crime and more. The Bureau of Labor Statistics (BLS) would need to compile demographic data on business owners and employees in the cannabis industry. Employers with federal cannabis permits required under the legislation that violate certain federal labor laws could see their permits rescinded—a bold policy proposal that would make the marijuana industry uniquely labor friendly. The U.S. Department of Health and Human Services (HHS) would be required to work with the National Institutes of Health (NIH) on ways to promote research into cannabis impacts. There would be a specific requirement to study the diversity of marijuana products available for research purposes. The bill calls for an increase in the quantity of cannabis that’s available for study purposes. There would be targeted public education campaigns meant to deter youth consumption. States would also receive funding for initiatives to prevent youth use and impaired driving, which would include money for education and enforcement. The Department of Transportation would be responsible for developing a standard for THC-impaired driving within three years of the bill’s enactment that states would be required to adopt, unless the secretary finds the department is unable to set such a scientific standard. The National Highway Traffic Safety Administration (NHTSA) would be tasked with collecting data on impaired driving, producing educational materials on the issue for states to distribute and carry out education campaigns. Vaping delivery system products that contain added natural or artificial flavors would be banned under the proposal. Schumer said in a floor speech earlier on Wednesday that the CAOA is a “comprehensive and necessary update to the federal government’s approach to cannabis.” “I am proud to be the first majority leader ever to call for an end to the marijuana prohibition because I’ve seen both the consequences of outdated drug laws and the benefits of common sense cannabis regulation at the state level,” he said. “It’s time for Congress to follow suit.” While advocates support ending federal prohibition, some are withholding their endorsement from the bill unless it is revised to more effectively prevent corporate consolidation in the marijuana market. “CAOA represents a historic step towards comprehensive federal marijuana legalization and restorative justice. However, in its current form, we cannot endorse the bill,” Shaleen Title, founder and director of the Parabola Center, told Marijuana Moment. “It fails to adequately address the high risk of market consolidation that could harm small and POC-owned businesses, leaving a need for additional legislative and regulatory work going forward,” she said. “Without stronger guardrails, the bill would lead to monopolization by industries that have historically profited from addiction and opposed legalization. We appreciate the sponsors’ commitment to supporting workers and small businesses and remain ready to collaborate on equity-centered solutions as cannabis legalization moves forward.” The bill’s prospects of passage this year are slim. Democrats only hold a narrow majority in the Senate and would need GOP buy-in to advance it through the chamber. And it’s highly unlikely that the GOP-controlled House would take it up, especially under the leadership of anti-cannabis Speaker Mike Johnson (R-LA). Instead, most advocates and stakeholders are awaiting action on a bipartisan marijuana banking bill that cleared a Senate committee last September and is now awaiting floor action before potentially moving to the House. — Marijuana Moment is tracking more than 1,400 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. — Schumer and other Democratic senators are “trying to recruit Republicans” to join them in the push for federal marijuana legalization, Senate Finance Committee Chairman Ron Wyden (D-OR) said at an event ahead of 4/20 last month. Schumer said in a separate Dear Colleague letter last month that he intends to pass the legislation to “safeguard cannabis banking” as part of a “busy agenda” that he hopes to achieve in the “weeks and months ahead,” though he again stressed the need for bipartisan cooperation. He also recently asked people to show their support for the SAFER Banking Act by signing a petition as he steps up his push for the legislation. A poll released in March by the American Bankers Association (ABA) shows that roughly three out of five Americans support allowing marijuana industry access to the banking system. Rep. Nancy Mace (R-SC), who also sits on that committee, said last month that that “if Republicans want to keep the House,” they should pass the marijuana banking bill, arguing that “there are votes” to approve it. Schumer told Marijuana Moment in March that the bill remains a “very high priority” for the Senate, and members are having “very productive” bicameral talks to reach a final agreement. Sen. Jacky Rosen (D-NV) introduced a bill last month to create federal incentives for states, localities and Indian tribes that expunge low-level marijuana records—an equity-focused reform proposal Schumer has repeatedly discussed attaching to the SAFER Banking Act. Senate Banking Committee Chairman Sherrod Brown (D-OH) also said recently that passing the SAFER Banking Act off the floor is a “high priority.” However, he also recently said in a separate interview that advancing the legislation is complicated by current House dynamics. Meanwhile, a top Democratic House member also reintroduced legislation last year to federally legalize, tax and regulate marijuana, with provisions to expunge prior cannabis convictions. The Congressional Progressive Caucus (CPC) recently unveiled a legislative agenda that includes marijuana legalization and expungements among a list of priorities that members say Democrats “can pass with congressional majorities” if they keep the Senate and retake the House in the November elections. Read the full text of the federal cannabis legalization bill below: DeSantis Will Be ‘Getting Involved’ In Effort To Defeat Marijuana Measure On Florida Ballot The post Watch Live: Schumer And Other Democratic Senators File Bill To Federally Legalize Marijuana appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“Schedule III will not lift all barriers to research, but it may contribute to the advancement of urgently needed research, which should be prioritized and vigorously pursued.” By Shawn Hauser, Vicente LLP The Drug Enforcement Administration’s (DEA) decision to reschedule cannabis represents a historic and critically important shift in U.S. drug policy. By moving cannabis from Schedule I to Schedule III of the federal Controlled Substances Act, the U.S. government is finally (and officially) recognizing the efficacy and safety of cannabis for medical use. There are valid and important reasons why Schedule III is not the most appropriate classification for cannabis. It does not achieve imminently needed criminal justice reforms; state-regulated cannabis activities remain federally illegal; and some barriers to research and effective regulation remain. A strong case can be made that cannabis, like alcohol, should not be included in the drug schedules. There are also reasons to believe that “descheduling” was not in the realm of possibility in this administrative process and that rescheduling will hasten the route to that goal. Rather than debating what the federal government could have or should have done, let’s take a closer look at what it is doing and why it matters. Specifically, let’s look at its implications for medical patients and the enduring impacts that will come from the federal government officially acknowledging cannabis’s medical value. Legitimacy in the Medical Community Despite evidence of medical cannabis use dating back thousands of years, a growing body of promising research and doctors recommending medical cannabis in 38 states where it is legal under state law, cannabis has spent the last 50 years on Schedule I—which is reserved for substances with “no currently accepted medical use and a high potential for abuse.” Recognition of cannabis’s medical benefits has grown considerably in recent years, but it remains less accepted and less understood than many other medications and treatments. The endocannabinoid system is not typically included in American medical school curriculums, despite being the largest neurotransmitter system in the body, with critical importance to its function. A lot of physicians will not recommend medical cannabis because they fear legal or professional repercussions, including many in states with medical cannabis programs. Even when doctors do recognize cannabis as a potentially valuable treatment, most are not equipped to fully utilize it. In Schedule III, cannabis is deemed to have an accepted medical use in treatment and relatively low potential for abuse. This legitimization could be transformative for the medical community and its role in advancing medical cannabis, inviting engagement and shifts in public opinion by doctors, universities and medical institutions. Paired with some loosened requirements for research and the potential for additional capital (which are discussed further below), this should result in more studies on product formulations, dosage and modes of administration. It may also reduce stigma and alleviate physicians’ concerns about recommending it or learning about its benefits. To be clear, Schedule III does not allow cannabis to be dispensed at neighborhood pharmacies and sold through interstate commerce, as these avenues are limited to Food and Drug Administration (FDA)-approved drugs. To date, FDA has approved only one cannabis-derived drug (Epidiolex), along with three synthetic cannabinoid-based drugs for specific conditions. Cannabis sold in state-legal dispensaries will remain in clear violation of federal law. For over a decade, however, DEA and FDA have not interfered with state cannabis programs, which is a testament to the relative safety of marijuana when it is regulated responsibly. Opportunities for Research and a New Standard for Medical Use in Treatment Marijuana’s Schedule I status and unreasonable DEA policies that stemmed from it made it nearly impossible (by design) to conduct the standard of research that proves the medical efficacy and safety of cannabis. For decades, DEA has denied petitions and ignored mountains of compelling evidence, often citing the lack of scientific evidence that it was overtly blocking. President Biden’s strong directive to expeditiously review the scheduling of cannabis provided the force necessary to spark a review by HHS and DEA that applied more reasonable standards when considering whether cannabis has accepted medical use. Remarkably, they considered state data in determining whether cannabis has accepted medical use. This evolved standard also holds promise for the development of cannabis-based medicines. Rates of innovation and consumer demand in both pharmaceutical and more raw forms of cannabis indicate a place and need for both. A “regulate cannabis like alcohol model,” preserving the FDA drug pathway while providing a framework for adult-use products (as proposed in the STATES 2.0 Act), would support this. Existing research indicates cannabis holds tremendous promise for a wide range of medical and therapeutic uses, including pain and opiate use disorders, which have reached epidemic levels in recent years. Yet clinical trials are limited in comparison to other treatments. Schedule III will not lift all barriers to research, but it may contribute to the advancement of urgently needed research, which should be prioritized and vigorously pursued. Momentum Toward Ending Prohibition Given marijuana’s relatively low potential for abuse, Schedule III is likely the best outcome that could have resulted from this historic administrative reclassification process. Rather than thinking of it as not going far enough, it should be viewed as a significant shift for medicine and a key stepping stone to the ultimate solution of descheduling, which is required to achieve criminal justice reform, social equity and a regulatory model appropriate for cannabis. The removal of cannabis from the purview of 280E and likelihood to attract investors will free up industry capital that is needed to fund research and further reform efforts to achieve this. By establishing the legitimacy of cannabis as medicine and more materially engaging the industry and medical community, we can more effectively persuade and influence legislators and leaders across the political spectrum. Rescheduling to Schedule III is neither the perfect nor final solution. It does, however, finally and officially recognize the medical efficacy of cannabis, which has dramatic and long-term societal impacts for medicine, patients and the industry. Shawn Hauser is a partner at Vicente LLP, where she co-chairs the firm’s Hemp and Cannabinoids Department and serves as a leading member of the firm’s psychedelics and emerging therapies practice. Senator Attacks Marijuana Banking Bill At Hearing On Chinese Money Laundering Photo courtesy of Carlos Gracia. The post Rescheduling Cannabis Shifts The Paradigm By Finally Recognizing Its Medical Value (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net