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Germany’s government is moving forward with the second phase of marijuana legalization to create a pilot program for commercial sales—through an administrative process, rather than having lawmakers pass a separate bill to enact the reform as was initially expected, according to a new press report. While it’s long been assumed that legislators would need to introduce and pass complementary sales legislation to fulfill the second “pillar” of legalization, the federal government is apparently taking a rulemaking approach that may speed up implementation. Marijuana legalization was implemented under a bill that the Federal Ministry of Health spearheaded and went into effect at the beginning of last month. So adults are now able to possess and cultivate cannabis, in addition to joining cooperatives that are expected to launch in July where they could access the plant. But there’s currently no commercial framework for sales. According to Tagesspiegel Background, however, the law that’s already in effect also provides regulatory discretion to build upon the initial reform. That is, the Federal Ministry of Agriculture is empowered to establish rules to create a commercial pilot program so adults can buy cannabis in certain jurisdictions without any additional legislative action. Of course, that could also mean that any reform that’s implemented could be more easily reversed by a future administration. But in the short-term, the process for sales could be expedited. Agriculture officials have reportedly circulated a letter soliciting input on possible regulations to allow for retail sales under a pilot program, with comments due by May 10. Health Minister Karl Lauterbach, who has led the government’s cannabis legalization efforts, told members of the Bundestag in December that “we are currently examining” the commercial sales plan. But with legalization in effect, there’s been increased pressure to expedite that process. Meanwhile, the Bundesrat representing individual states previously tried to block the now-enacted legalization proposal last September but ultimately failed. Despite that, members of the Bundesrat ultimately reached a deal with Lauterbach and other government ministers and declined to refer the cannabis legislation to a mediation committee that would have delayed implementation by six months. — 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. — While Germany’s Federal Cabinet approved the initial framework for a legalization measure in late 2022, the government also said it wanted to get signoff from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations. Officials took a first step toward legalization in 2022, kicking off a series of hearings meant to help inform legislation to end prohibition in the country. Government officials from multiple countries, including the U.S., also met in Germany last November to discuss international marijuana policy issues as the host nation works to enact legalization. A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, separately visited the U.S. and toured California cannabis businesses in 2022 to inform their country’s approach to legalization. The visit came after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization. Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year. A novel international survey that was released in 2022 found majority support for legalization in several key European countries, including Germany. Meanwhile, the United Nations’s (UN) drug control body recently reiterated that it considers legalizing marijuana for non-medical or scientific purposes a violation of international treaties, though it also said it appreciates that Germany’s government scaled back its cannabis plan ahead of the recent vote. Former DEA Head Says Marijuana Rescheduling ‘Reflects The Reality’ Of Public Support For Reform Photo courtesy of Chris Wallis // Side Pocket Images. The post Germany’s Government Seeks To Launch Marijuana Sales Pilot Program Through Regulations Instead Of Another Bill, Report Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A former Drug Enforcement Administration (DEA) head says the agency’s marijuana rescheduling proposal is “understandable” because it “reflects the reality” of public opinion toward the medical value of cannabis—even if he personally has concerns about the broader move toward reform. In an interview with Fox News this week, former DEA Administrator Asa Hutchinson also said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). “Whenever we see over a dozen states now have medical marijuana, clearly there’s a movement for reclassification,” he said. “And so it’s not a surprise to me.” “I think it reflects the reality of today’s both culture but also the public sentiment. That’s most significant,” Hutchinson, a Republican who also served as governor of Arkansas, said. “And while the medical community still has not arrived at the conclusion that marijuana is beneficial for medical purposes, the public has arrived at the conclusion that it is and so the reclassification is understandable.” He stressed that while rescheduling would represent a “dramatic change,” it’s important for people to understand that a Schedule III reclassification would not legalize it. It might lower certain penalties for cannabis-related activity, but “it will remain illegal.” Notably, while Hutchinson was known for taking an aggressive enforcement approach to marijuana while running DEA, he acknowledged in the new interview that its Schedule I status inhibited research, and so rescheduling means “there’s gonna be a lot more studies.” “It will be easier to study, and hopefully that will be beneficial over the long term,” he said.  For context, during his time as DEA administrator from 2001 to 2003, Hutchinson earned the ire of advocates for authorizing federal raids against state-legal medical cannabis providers in several California jurisdictions, including San Francisco, Los Angeles, Humboldt County, El Dorado County and Ventura County. The former administrator, who also mounted an unsuccessful bid for the 2024 Republican presidential nomination, was additionally asked about congressional marijuana reform proposals, including a cannabis banking bill and newly reintroduced legalization proposal. “Well the question is: Does society want another harmful product that has increased usage among the public and particularly young people?” Hutchinson said. “It’s conceded statistically that whenever you move toward legalization or regulatory environment, you take away the legal penalties, the usage is gonna go up.” To that end, he said he hopes any plans to fully deschedule marijuana are “put way off into the future.” “This gives us an opportunity, as a Schedule III, to actually study it and see more of the long-term health issues that are involved here and then make a wise decision down the road,” he said. “In my view, there’s ample evidence that this continues to be harmful, addictive and and that we should not legalize it, and that’s what happens if you take it off of a regulated substance.” Meanwhile, the top Democrat in the U.S. House said on Wednesday that 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 the legalization bill Senate Majority Leader Chuck Schumer (D-NY) filed. On the opposite side of the spectrum, a Republican senator said this week that marijuana is a “gateway drug,” and Democrats’ moves to legalize it reflect “pro-criminal, anti-American policies” that will “stimulate more crime on American streets.” He also argued that cannabis banking legislation “facilitates an entire infrastructure and an ecosystem for more drug usage in America.” Former Biden Cabinet Member Is ‘Concerned’ About Marijuana Legalization Photo courtesy of Brian Shamblen. The post Former DEA Head Says Marijuana Rescheduling ‘Reflects The Reality’ Of Public Support For Reform appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A Republican senator says marijuana is a “gateway drug,” and Democrats’ moves to legalize it reflect “pro-criminal, anti-American policies” that will “stimulate more crime on American streets.” He also argued that cannabis banking legislation “facilitates an entire infrastructure and an ecosystem for more drug usage in America.” Sen. Bill Hagerty (R-TN) said during an interview on Thursday that he’s opposed to both comprehensive legalization legislation such as the bill Senate Majority Leader Chuck Schumer (D-NY) and 17 other Democrats reintroduced this week, as well as modest reform like the Secure and Fair Enforcement Regulation (SAFER) Banking Act. “What the Joe Biden administration—what Leader Schumer—is trying to do is basically stimulate more crime on American streets,” Hagerty said. “Here we have Chuck Schumer basically lowering the barriers for gateway drugs like marijuana, and it’s going to damage society, and this is exactly what Democrats have been pushing. This is not good for America.” He added that the push for cannabis legalization is an attempt to “incentivize more drug usage in America.” Asked for his thoughts on the SAFER Banking Act to simply protect financial institutions that work with state-licensed marijuana businesses, the senator said it “facilitates an entire infrastructure, an ecosystem, for more drug usage in America.” “We need to be constraining drug usage, not encouraging it,” he said. Hagerty said that Democrats’ marijuana reform efforts are “completely political,” designed to shore up support from a “small fragment” of voters who care about cannabis policy ahead of the November election. “What they’re trying to do is cobble together a very disparate group of people to vote for Joe Biden,” he said. “Nobody likes his overall policies. If you look at American sentiment, everyone says that America is moving in the wrong direction. But what they’re trying to do is pick off minor issues like this—encouraging drug abuse, frankly. It’s obscene that this would be happening.” This is Exhibit A why I thought the @DEAHQ should announce #Schedule3 (fwiw, S3 was leaked not announced) on a Friday prior to a recess. Unless they wanted the GOP to embarrass themselves…#SAFEBanking Thanks to @TylerOlson1791 at @FoxNews for the questions. @AmericanCCo (Also… pic.twitter.com/9JQj8LaQFm — Don Murphy (@donmurphy12a) May 2, 2024 “But this is Chuck Schumer’s perspective on basically putting another sliver of the Biden fragmented population together to vote for him. It’s a shame,” he continued. “Democrats are willing to do anything to maintain power here in Washington.” Fox News reporter Tyler Olson pointed out that even certain red states such as Montana have moved forward with marijuana legalization regardless of federal prohibition and asked the senator if he thought it would make sense to have some kind of regulatory framework to account for that. “I don’t think we should be doing anything to facilitate an ecosystem of drug abuse,” he said. “That’s precisely what’s going on.” Despite his firm opposition, Hagerty and other GOP senators inadvertently made the case for marijuana legalization last year while warning that a proposed ban on menthol cigarettes could empower international criminal organizations to take advantage of an illicit market that would emerge. The prospect of passing a legalization bill such as the measure Schumer filed this week are slim in the divided Congress. But some lawmakers do believe that the Drug Enforcement Administration’s (DEA) decision to move forward with marijuana rescheduling could bolster the chances of advancing other cannabis reforms such as the SAFER Banking Act this Congress. Schumer signaled this week that he’s not giving up hope on attaching the marijuana banking bill to must-pass aviation legislation. But Republican leaders in both chambers continue to represent roadblocks for the reform. Former Biden Cabinet Member Is ‘Concerned’ About Marijuana Legalization Photo courtesy of Chris Wallis // Side Pocket Images. The post GOP Senator Says Marijuana Is A ‘Gateway Drug,’ And Legalization Is A ‘Pro-Criminal, Anti-American’ Policy appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A former U.S. labor secretary who previously served as mayor of Boston as Massachusetts’s marijuana legalization law came into effect, spoke out against what he described as a “slippery slope” of cannabis reform during a C-SPAN interview this week. Marty Walsh, who also discussed his own substance use disorder and recovery in the interview, said he’s “worried” about legalization efforts and gets “concerned about where we’re headed there.” Asked how he felt about his state’s move to legalize, the former Biden cabinet member replied: “I didn’t love it. When I was mayor of Boston, I fought it. I get concerned. I think it’s a slippery slope.” Walsh, who opposed the 2016 ballot initiative to legalize marijuana in his state and later voted against a proposed Democratic National Committee party plank to endorse cannabis legalization in 2020, noted that advocates at first seemed to want to decriminalize marijuana, then later pushed legalize it for medical uses. “And now you have marijuana” legal for adults, he added. “And I’m just worried, you know. You have have some places in the country trying to legalize it and opioids. I get concerned about that. I just get concerned about where we’re headed there.” Later in the interview, he claimed that “alcohol deaths are higher than, actually, opioid deaths at this point in our country,” and argued that manufacturers of dangerous or impairing substances should be liable for costs of therapy and recovery. Opioid manufacturer Purdue Pharma, he said, “enraged me and lots of people with what they got away with.” “When you think about advertising for alcohol, or marijuana now, when you put an advertisement on a train…you’re targeting young people,” Walsh said. “You already have the 25 year old. You don’t have to put a fancy thing there for an ad for alcohol for a 25 year old. But you’re targeting younger people. We have to be sensitive to all that, and I think that in some of these cases, these companies who are responsible for the devastation they’re causing should be paying some money into fix that devastation.” Despite opposing legalization of marijuana generally, Walsh nevertheless was supportive of President Joe Biden’s pardons of people with low-level federal marijuana offenses on their records. In 2022, he pledged to work diligently to make sure people who were pardoned saw relief. “I commend the president for his actions,” he said at the time. “We’re going to work with [those who were pardoned] to make sure that they can get into good employment—that this is not an impediment to their ability to get into the middle class and get a good-paying job.” Though Walsh continues to oppose legalization nearly eight years after Massachusetts adopted the reform, a recent poll found that 65 percent of Bay State residents think the decision to legalize cannabis was the right move. Majority Of Americans Say Marijuana Banking Bill Would Promote Public Safety And Help Underserved Communities, Financial Association Poll Finds Photo courtesy of Philip Steffan. The post Former Biden Cabinet Member Is ‘Concerned’ About Marijuana Legalization appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“The revocation is the result of ongoing violations, most recently for selling more than 1,800 expired products.” By Tess Vrbin, Arkansas Advocate Arkansas’s Alcoholic Beverage Control Division revoked a Hot Springs medical marijuana dispensary’s license Thursday, the first revocation of its kind in the five years medical cannabis sales have been legal in the state. Dragan Vicentic, owner of Green Springs Medical Marijuana Dispensary, said in an interview that he will appeal ABC’s decision to its board. The appeal will allow the business to remain operational until the issue is resolved, according to a Department of Finance and Administration news release. “The revocation is the result of ongoing violations, most recently for selling more than 1,800 expired products,” the news release states. “ABC enforcement agents conducted an undercover purchase of expired products in October 2023 following a verbal warning regarding these products.” ABC issued the dispensary a fine after two inspections last year, Vicentic said, and he made a case for reducing the fine. He said the issues at hand were “fully explainable” and he was surprised at ABC’s response. “I thought the fine amount would be reduced because of my satisfactory explanation, and the next thing I knew, the director asked for a revocation of the license, which I thought was very extreme,” Vicentic said. Trent Minner, leader of the finance department’s regulatory division, said in the news release that Green Springs has had “over 50 violations and warnings over the last four years.” “A license to operate in the medical marijuana industry in Arkansas is a privilege not to be taken lightly,” Minner said. “When state law is consistently disregarded, ABC has a duty to revoke the license.” Green Springs’s previous violations of medical marijuana regulations include: Failure to maintain sanitary processing areas Failure to meet required standards for inventory information Failure to maintain accurate personnel records Failure to maintain video surveillance on the property Lack of commercial grade locks at the facilities Improper signage ABC Director Christy Bjornson said in the news release that the division anticipates Vicentic’s appeal. The ABC board will hear both Vicentic’s and the division’s case and decide whether to revoke or maintain the license. Arkansas voters approved a constitutional amendment in 2016 to legalize marijuana for medicinal use. The state has 37 dispensaries besides Green Springs, which was the second to open in 2019 upon being licensed. Purchases at the state’s dispensaries total $1.1 billion so far in five years, according to the finance department. This story was first published by Arkansas Advocate. Marijuana Rescheduling Would Not Bring State Markets ‘Into Compliance’ With Federal Law, Congressional Researchers Say The post Arkansas Medical Marijuana Dispensary Gets License Revoked Over Alleged Violations appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Alaska’s House of Representatives on Thursday overwhelmingly approved amended legislation that would create a state task force to study how to license and regulate psychedelic-assisted therapy in the event of federal approval of substances such as MDMA and psilocybin. After adopting a handful of changes to the bill a day earlier, the body passed the measure on a 36–4 vote following sometimes charged testimony from lawmakers. If it becomes law, HB 228 would not change the legal status of any drugs in Alaska. Rather, it would create a legislative task force that would spend the rest of the year studying how to license and regulate psychedelic therapy in the state. A report from the group with recommendations would be due on or before January 31, 2025. A Senate companion, SB 166, has already passed out of one committee in that chamber and had another committee hearing in February. Both MDMA and psilocybin have been granted breakthrough therapy status by the Food and Drug Administration (FDA), and recent clinical trials have MDMA on pace for possible FDA approval later this year. “This August, it is widely anticipated that FDA will approve the most significant medicine for the treatment of mental health in decades,” sponsor Rep. Jenny Armstrong (D) told colleagues ahead of Thursday’s House vote, adding that approval of psilocybin could happen in the “next one or two years.” “House Bill 228 before us today would create a task force that would put forth recommendations for the next legislature to consider as it relates to this treatment,” she said. “Whether you are excited about the idea of psychedelics getting approved, you’re neutral or you’re flat-out against it, I think we can all agree that if it is coming. We should be prepared and be thoughtful in how we approach it.” The bill’s few opponents attacked the proposal as premature and irresponsible. Rep. Dan Saddler, the Republican majority leader in the House, said he worried the bill “reflects an uncritical acceptance of the idea that use of psychedelic drugs are beneficial.” “I rise against this bill because I don’t believe we should be going off in a direction in what I believe to be a premature fashion,” he said, claiming that the task force also “to some degree encroaches on the purview of the legislature.” Rep. Jamie Allard (R) said she found it offensive that veterans and their mental health needs were being used “as a platform” to further the cause of psychedelic medicine. “Using our military veterans as experiments? We aren’t experiments,” she said. “We are human beings who deserve to have things done in the proper manner, and slowly and concisely.” The most dire warnings came from Rep. David Eastman (R), who said that “what you can use for good can also be used for ill.” “I look at the history of medicine in this country, and it was not that long ago that we were told—and our entire government, you know, echoed—that lobotomies were a good thing, and they were carried out in our country,” Eastman said. “I hope that we will not look back some number of years now and see that hallucinogens were also a mistake.” But most members who spoke Thursday said they were open to the task force as a meaningful step toward addressing the state’s mental health crisis. As Armstrong noted, Alaska has “the highest number of veterans per capita and, unfortunately, some of the highest rates of violence in our country.” “I’m in support of this bill because I’ve been affected by it directly,” said Rep. Laddie Shaw (R). “As the former director for state Veterans Affairs, I’ve had veterans come to me regarding this bill, and they have said, ‘We’ve done nothing for the past 50 years. Let’s do something.'” “This task force gives us an opportunity to move forward with some productivity on behalf of our veterans,” Shaw added. “We haven’t done anything for the last 50 years. Let’s move forward with something.” Rep. Sarah Vance (R) said the matter was “a challenging and uncomfortable topic.” “Even though psychedelic drugs make me very, very uncomfortable—I’m very, very reticent to say yes to the use of these medicines—I want to know what the impact is,” she said. “And that’s why I’m standing in support of this task force, to ask the appropriate questions.” During a House floor session a day earlier, the body adopted a number of amendments to the bill. Among them, a change from Rep. Justin Ruffridge (R)—who voted in support of the bill on Thursday—added a member to the task force selected by the board of directors of the Alaska Pharmacy Association. An amendment to that amendment, from Eastman, removed a University of Alaska faculty member from the task force in order to “maintain the same size of the task force,” he said. A more substantial amendment from Eastman made a number of adjustments, for example extending the due date for the task force’s report to the legislature until January 31, 2025 instead of December 31 of this year, as the bill previously specified. It also sunsets the task force at the end—rather than at the beginning—of the next legislative session. Other changes allow legislators on the task force to send designees if they cannot attend a meeting, and it clarifies that task force meetings could be held virtually. “These are all items that we were looking to clean up with the other body if they weren’t tackled today,” Armstrong said after Eastman explained the new provisions,” and so I fully support them. Another amendment, from Rep. Andrew Gray (D), requires that some groups choosing task force members, such as the Alaska State Medical Association, specifically select physicians as representatives. Now that it has cleared the House, the bill has been scheduled for a Monday hearing before the Senate Judiciary Committee. The House State Affairs Committee approved the legislation in early April after adopting an amendment that changed the proposed name of the task force and clarified its objective. The amendment “simply changes the name of the task force to make it clear what the task force will be taking part in,” Rep. Ashley Carrick (D), who proposed the change, explained at the time, “and that they will not be taking a position on legalization, decriminalization or medicalization of psychedelic drugs.” The name of the body would be the Alaska Task Force for the Regulation of Psychedelic Medicines Approved by the United States Food and Drug Administration (FDA). Initially it would have been called the Alaska Mental Health and Psychedelic Medicine Task Force. Lawmakers rejected another proposed title change this week from from Eastman that would have added “the advisability of” to the task force’s name, thus making it the Alaska Task Force for the Advisability of the Regulation of Psychedelic Medicines Approved by the FDA. Eastman said was intended to acknowledge that not all members of the group would support the state’s eventual FDA-approved psychedelics. That amendment failed 3–36 on the House floor. Another change from Eastman that colleagues denied would have put the governor in charge of appointing some task force members, rather than the legislature. Armstrong noted that the proposal initially would have created an executive task force, but it became a legislative one as the result of state legal guidance. The amendment was rejected on a 1–39 vote. Armstrong again emphasized to colleagues that the task force “is not going to be immediately implementing anything” and would instead “simply be making policy recommendations that then come to the legislature, for the legislature to consider—and then you introduce bills and go through that whole process.” “I kind of say this a lot,” she continued. “The task force is not taking a position on whether this is good or bad… There might be people in the task force who think the FDA doing this is terrible, and those in the task force who think the FDA doing this is great. We’ve really narrowly limited this to insurance, licensing and other legal and other regulatory changes.” Armstrong has made similar assurances at committee meetings this session. “At the end of the day, our goal is to safely maximize the benefit of these medicines for Alaska,” she said at last month’s State Affairs Committee hearing. “This is not something where we are here to defend or promote or take a position on psychedelics. Rather, this is something that is coming. The clinical trials on this began 20 years ago. And so I think, perhaps, even if you are a little nervous or you are unsure, that is the reason why we want to have a task force.” She reminded members at the time that psychedelics are far from the only controversial class of medically beneficial drug. “There are many prescriptions that are controversial,” Armstrong said. “Everything from birth control to painkillers and even ibuprofen can be controversial sometimes.” Armstrong has also noted in past hearings that Alaska has “the highest share of veterans per capita and one of the highest suicide rates in the nation,” arguing the state could benefit more than others from preparing for federal changes. “Coupled with also being a state where 43.3 percent of women and 30.2 percent of men in Alaska experience domestic violence and related crimes in their lifetimes and where 84 percent of American Indian/Alaska Native women experience violence,” she said in March, “there is a potential for these medicines to have a profoundly positive impact on the mental health crises we see statewide.” A fiscal note from the Department of Commerce, Community and Economic Development says the state would incur no cost from the change. Members of a separate House panel previously adopted amendments to bring the bill into alignment with its Senate companion, SB 166, which has already passed out of one committee in that chamber and had another committee hearing in February. Among the changes, the amendments made the task force a legislative group rather than an executive one—designed to reduce the proposal’s fiscal note to zero—and added a member to the task force representing psychiatric nurse practitioners. Also, rather than have the task force elect a chair itself, the latest version of the bill says that the members appointed by the president of the Senate and speaker of the House of Representatives would by default serve as the group’s co-chairs. Sponsors filed the legislation in both chambers in January. Alaskans generally support reforms to policies around psychedelics, especially with regard to mental health. Just under half (49.4 percent) of those surveyed in a recent poll said they favor broadly removing criminal penalties around substances such as psilocybin mushrooms. When respondents were told that Alaska has particularly high rates of mental illnesses that could potentially be treated with psychedelics, however, support for the reform rose to 65 percent. “It’s inspiring to see such a positive shift in how people view the use of these plant medicines,” said the Alaska Entheogenic Awareness Council (AKEAC), an advocacy group that published the new poll. “More people are recognizing the value of these substances in addressing certain mental health conditions.” Congressional Committee Approves GOP-Led Psychedelics Bill Focused On Military Veterans’ Therapeutic Access Photo courtesy of Wikimedia/Workman. The post Alaska House Passes Bill To Create Psychedelics Task Force In Anticipation Of Federal Legalization appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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If the federal government reschedules marijuana as proposed by the Justice Department, that would not legalize cannabis or bring state-regulated markets “into compliance” with federal law, congressional researchers said in a new analysis. However, moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) would allow state-licensed cannabis businesses to take federal tax deductions and remove certain barriers to marijuana research, the Congressional Research Service’s (CRS) “Legal Sidebar” report says. Days after it was confirmed that the Drug Enforcement Administration (DEA) agreed with the U.S. Department of Health and Human Services (HHS) that cannabis should be reclassified, CRS published an overview of legal implications on Thursday. Perhaps most importantly, the non-partisan office reiterated that rescheduling marijuana, “without other legal changes, would not bring the state-legal medical or recreational marijuana industry into compliance with federal controlled substances law.” “With respect to the manufacture, distribution, and possession of recreational marijuana, if marijuana were moved to Schedule III, such activities would remain illegal under federal law and potentially subject to federal prosecution regardless of their status under state law,” it said. “Some criminal penalties for CSA violations depend on the schedule in which a substance is classified. If marijuana were moved to Schedule III, applicable penalties for some offenses would be reduced. However, CSA penalties that apply to activities involving marijuana specifically, such as the quantity-based mandatory minimum sentences discussed above, would not change as a result of rescheduling. DEA is not required to set annual production quotas for Schedule III controlled substances.” However, the potential reclassification would not affect a longstanding congressional appropriations rider preventing the Justice Department from using its funds to interfere in state medical cannabis programs. The report echoes points CRS made in a separate marijuana analysis published in January. Unlike Schedule I drugs, substances in Schedule III are defined as having “an accepted medical use and may lawfully be dispensed by prescription,” but only if the Food and Drug Administration (FDA) approves a specific product, CRS said. FDA has approved certain cannabis-based medications, but botanical marijuana that’s available in state markets is unlikely to meet the agency’s standards for widespread approval. One of the key legal effects of moving marijuana to Schedule III concerns an Internal Revenue Service (IRS) code known as 280E, which blocks individuals from taking federal business deductions for expenses related to commerce involving Schedule I and Schedule II substances. “Other collateral legal consequences would continue to attach to unauthorized marijuana-related activities,” CRS said. Such “collateral consequences arising from the federal prohibition of marijuana,” the report says, include implications for bankruptcy proceedings, immigration status and gun ownership. The report also explains that scheduling changes can be implemented both through the administrative process that led to the new reclassification decision and through acts of Congress. “If Congress wishes to change the legal status of marijuana, it has broad authority to do so before or after DEA makes any final scheduling decision,” CRS said. “Several proposals from the 118th Congress would remove marijuana from control under the CSA or move the substance to a less restrictive schedule.” “Rescheduling or descheduling marijuana under the CSA could raise additional legal questions,” it said, noting the potential role of FDA in regulating cannabis products and the possibility of Congress establishing a regulatory framework for marijuana. To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues reintroduced legislation this week to federally legalize cannabis and impose certain regulations. The bill’s prospects are dubious in the current divided Congress, however. Meanwhile, the top Democrat in the U.S. House said on Wednesday that 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 the legalization bill Schumer filed. “While most recent proposals would relax federal regulation of marijuana, Congress could also seek to impose more stringent controls,” the CRS report says. “One proposal from the 118th Congress would withhold certain federal funds from states in which the purchase or public possession of marijuana for recreational purposes is lawful.” Top House Democrat Says Marijuana Rescheduling Is A ‘Step In The Right Direction,’ While GOP Leader Opposes Reform The post Marijuana Rescheduling Would Not Bring State Markets ‘Into Compliance’ With Federal Law, Congressional Researchers Say appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

House Dems vs GOP on marijuana; Farm Bill hemp reforms; Cannabis rescheduling lawsuit; VT safe consumption; SAFE Banking poll; CO psychedelics speech 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 Former Deputy Attorney General James Cole and Rep. Earl Blumenauer (D-OR) spoke about the possibility that new federal marijuana enforcement guidance could accompany the rescheduling move—and whether it could address interstate commerce. House Minority Leader Hakeem Jeffries (D-NY) said the federal move to reschedule marijuana is “a step in the right direction” that lawmakers should build on—but Majority Leader Steve Scalise (R-LA) said the cannabis reform will be “making matters worse.” The Senate Agriculture, Nutrition, and Forestry Committee’s new Farm Bill summary says it “lowers regulatory barriers for farmers who are growing industrial hemp for grain and fiber” and removes the ban on people with felony drug convictions from participating in the industry. Prohibitionist organization Smart Approaches to Marijuana is raising money for a “Rescheduling Legal Defense Fund” that it will use to challenge the federal decision to move cannabis to Schedule III—including through potential litigation. The Vermont Senate approved a bill to legalize and fund a safe consumption site for illegal drugs, sending it back to the House for consideration of recent amendments. The sponsor of a Colorado bill that could have forced social media platforms to ban users who post positively about psychedelics and other drugs that are legal under state law withdrew the proposal for the session in response to advocates’ criticism. A new poll commissioned by Independent Community Bankers of America found that 64 percent of Americans think passing a marijuana banking bill would improve public safety and that 54 percent say it would help underserved communities. The New Jersey Cannabis Regulatory Commission is touting “significant growth” in marijuana sales, with first quarter 2024 purchases up 38 percent since last year and new “historical highs” in purchases over the 4/20 weekend. A New Jersey appeals court ruled that the state’s marijuana legalization program does not violate federal law, rejecting a challenge that sought to block cannabis businesses from opening in Highland Park. / FEDERAL Former Health and Human Services Secretary Kathleen Sebelius applauded the federal marijuana rescheduling decision. The U.S. attorney for North Dakota said federal marijuana rescheduling won’t have much impact on his prosecution strategy. Senate Majority Leader Chuck Schumer (D-NY) inserted comments into the Congressional Record about his new marijuana legalization bill. Senate Minority Whip John Thune (R-SD) said Republican opposition to including marijuana banking provisions in an aviation bill is “very strong.” Sen. Mike Braun (R-IN) said marijuana reform is “inevitable.” Rep. Earl Blumenbauer (D-OR) said the slow implementation of a marijuana research law he sponsored is “embarrassing.” The House marijuana banking bill got one new cosponsor for a total of 116. / STATES Colorado Gov. Jared Polis (D) signed a bill concerning the definition of hemp. Maryland Gov. Wes Moore (D) swore in the Senate-confirmed director of the Maryland Cannabis Administration. Minnesota Gov. Tim Walz (D) spoke about the issue of expediting recreational marijuana cultivation. A Texas representative posted a video opposing the marijuana decriminalization initiative on the Lubbock ballot. Arkansas activists say they are on pace to collect the needed number of signatures to place a medical cannabis expansion initiative on the November ballot. New York regulators are being sued again over their marijuana business licensing process. Separately, the Cannabis Advisory Board will meet on Tuesday. Delaware regulators filed proposed marijuana rules. Utah regulators filed hemp transportation rules. Maine’s top marijuana regulator spoke about a new law aimed at reconciling conflicting cannabis policies. — 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 Atlantic City, New Jersey voters will decide on a November ballot question on expanding where marijuana businesses can be located. A New York City Council member posted a video about efforts to combat unlicensed marijuana businesses. Denver, Colorado officials posted a summary of the latest Natural Medicine Work Group meeting. / INTERNATIONAL Swiss activists launched a marijuana legalization ballot initiative campaign. Toronto, Ontario, Canada’s medical officer of health defended the city’s plan to decriminalize drugs from criticism. Separately, Saskatchewan officials said the province has no desire to decriminalize. South Australia’s attorney general is touting new police powers to crack down on illegal marijuana growers. / SCIENCE & HEALTH A review concluded that “CBD can exert its antitumor effect by regulating the cell cycle, inducing tumor cell apoptosis and autophagy, and inhibiting tumor cell invasion, migration, and angiogenesis.” A study suggests that “CBD and [beta-caryophyllene] work in concert to produce a major anti-inflammatory effect with good safety profiles.” / ADVOCACY, OPINION & ANALYSIS The National Conference of State Legislatures sent a letter urging the Department of Justice to “prioritize the removal of cannabis from Schedule I.” Representatives of NORML and Smart Approaches to Marijuana debated on C-SPAN. / BUSINESS SNDL Inc. announced that the SunStream USA group of companies intends to proceed with the acquisition of equity positions in U.S. cannabis assets. Sunnyside workers in Chicago, Illinois voted to join Teamsters Local 777. / CULTURE Stephen Colbert joked about the federal marijuana rescheduling decision. 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 New fed cannabis enforcement memo coming? (Newsletter: May 3, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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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

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