Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, February 25, 2021

"Blowing Smoke at the Second Amendment"

The title of this post is the title of this new paper recently posted to SSRN and authored by Helen K. Sudhoff, a 3L at The Ohio State University Moritz College of Law.  (This paper is yet another in the on-going series of student papers supported by the Drug Enforcement and Policy Center.)   Here is this paper's abstract:

The Second Amendment to the United States Constitution codified the preexisting right to keep and bear arms, meaning the right was enshrined within the scope it was understood to have at its inception.  When enacted, the Second Amendment broadly protected the right to keep and bear arms for self-defense, only restricting gun ownership for certain classes of people, such as the mentally ill or felons.  However, these historical restrictions never encompassed marijuana users or possessors.  Quite the opposite, many of the founding fathers grew or manufactured cannabis themselves.  Despite this discrepancy, the Federal Government enacted § 922(g) in the Gun Control Act prohibiting gun owners and applicants who are medical marijuana patients from owning or possessing a firearm.  Further, such individuals must voluntarily disclose their medical marijuana use to the government, restricting their right to keep and bear arms and implicating the Fifth Amendment’s Privilege Against Self-Incrimination.  This paper will explore the consequences of the enactment and continued enforcement of § 922 against an individual’s right to keep and bear arms while possessing or using medical marijuana in accordance with their state’s medical programs.

February 25, 2021 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Monday, February 22, 2021

New Jersey becomes officially the (lucky?) 13th state to fully legalize marijuana for adult use

New-jerseyAs reported in this local article, "New Jersey on Monday officially became the 13th state to legalize marijuana, as Gov. Phil Murphy signed into law three bills putting into effect a ballot question overwhelmingly supported by voters last year." Here is more about a big deal long in development that finally became a reality:

New Jersey the first state in the Northeast or Mid-Atlantic to eschew decades of arrests in favor of a program that would stop tens of thousands of arrests per year and kickstart a brand new cannabis industry that could be an economic boom for the state and region.  Currently, the only other states on the East Coast to legalize weed are Maine, Vermont and Massachusetts.

"New Jersey's broken, indefensible marijuana laws — which permanently stained the records of many residents and short-circuited their futures, disproportionately hurt communities of color and failed the meaning of justice at every level, social or otherwise — are no more," Murphy said in a press conference.  "In their place are laws that will usher in a new industry, based on equity, which will reinvest dollars into communities — laws which promote both public health by promoting safe cannabis products and public safety by allowing law enforcement to focus their resources on serious crimes.  And yes, we are fulfilling the will of the voters by allowing adult use cannabis, while having in place common sense measures to deter its use among kids," Murphy added.

The laws signed Monday allow the possession and use of marijuana by anyone over 21 years old within the state of New Jersey, who can have up to 6 ounces of weed on them without facing any penalty.  The laws also allow the purchase and sale of legal weed at state-licensed dispensaries, though it could be well over a year before recreational sales even began.

Some marijuana offenses will remain criminal, including drug distribution and growing cannabis plants without a license.  New Jersey is the only state with legal weed that doesn't allow at least its medical marijuana patients to grow, and joins Washington as the only states without some recreational home grow.  "We're going to go with the bills I just signed.  We'll leave it at that," Murphy said, deflecting a question about home grow.  "I appreciate the folks who have reached out on that front, but we're going to go with what we've got."...

The bill signings on Monday morning capped off three months of legislative debate over the rules and regulations for legal weed, most recently a weeks-long stalemate over penalties for marijuana users under the age of 21.  More than two-thirds of New Jersey voters backed a marijuana ballot question in November, but the constitutional amendment put forth by the referendum could not take effect until such rules and regulations were in place.

In New Jersey, the campaign to legalize marijuana was largely pursued as a social justice-driven mission.  The “vote yes” campaign, NJ CAN 2020, was led by officials from the American Civil Liberties Union of New Jersey, who ran digital advertisements — live events were dismissed due to the raging COVID-19 pandemic — educating voters on the negative effects of a simple low-level marijuana possession arrest and the millions in tax dollars spent on prosecuting such cases....

According to crime data from the FBI, New Jersey police departments made over 33,000 arrests for marijuana in 2017, the 9th highest marijuana arrest rate per capita in the country, according to the ACLU.  And in New Jersey, Black people were 3.5 times more likely to be arrested for marijuana possession than white people, despite similar usage rates among races, the ACLU said.

“The failed War on Drugs has systematically targeted people of color and the poor, disproportionately impacting Black and brown communities and hurting families in New Jersey and across our nation," U.S. Sen. Cory Booker, D-New Jersey, said in a statement. "Today is a historic day."

Even Murphy, in his 2017 gubernatorial campaign, ran on a platform that included legalizing marijuana under a banner of social justice.  But advocates feared that such a mission had been lost in the shuffle since Election Day, as Murphy and legislative leaders negotiated the enabling legislation required to put the ballot question into action.

The ballot question’s constitutional amendment, for example, simply stated that the drug would be taxed at the state sales tax rate, currently 6.625%, to provide revenue for the state budget and defray the costs of police departments training officers to detect drugged drivers.

But advocates said that such a plan completely left out the largely Black communities where marijuana laws had been disproportionately enforced for decades.  The result was a unique two-tax structure that would send about 60% of tax revenue and 100% of revenue from a new “social justice user fee” to one of 20 “impact zones,” as decided by the Cannabis Regulatory Commission, the authority which will oversee not just legal weed for recreational use but the state’s growing medical marijuana program....

On Monday, lawmakers finally ended a six-week stalemate over how the state will penalize underage marijuana users, sending Murphy a “clean-up” bill designed to complement the pair already passed by the Legislature in December.  Those bills left open a major contradiction, with one stating that possessing marijuana under 21 years old was illegal while the other stated that no person — without age restriction — could face penalty for possession of up to 6 ounces of marijuana.

The resulting compromise, which passed the Legislature on Monday morning, put into place a three-tiered warning system for both underage marijuana and alcohol use. Both will be treated as virtually the same crime, with the most serious penalty capped at a simple referral to community service groups to teach the offender about substance abuse.  All civil penalties and fines, even from underage drinking citations, were removed.

February 22, 2021 in History of Marijuana Laws in the United States, Initiative reforms in states, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (3)

Saturday, February 20, 2021

"Goodbye Marijuana Schedule I -- Welcome to A Post-Legalization World"

The title of this post is the title of this recent article authored by Melanie Reid which was recently posted to SSRN.  Here is its abstract:

Marijuana has been a Schedule I controlled substance under the Controlled Substances Act (CSA) for fifty years. However, the tide has turned, thirty-three states and Washington D.C. have legalized marijuana for either recreational and/or medical use, and it is likely that marijuana will eventually be removed as a Schedule I drug and become legal at the federal level as well.  During this transition phase, it is important to reflect on how the criminalization of marijuana under the CSA has impacted the U.S. criminal justice system and the criminal procedure case law that followed.

This article will examine the impact criminalizing marijuana has had on criminal procedure and how criminalizing possession, manufacturing, and distributing marijuana provided law enforcement with ever-expanding tools to detain, search, and arrest criminal defendants.  Rarely has a controlled substance had such an impact on investigative tools — from trespassing to search for marijuana plants in fields, surveilling marijuana grows in the area, smelling (by humans) and sniffing (by dogs) for weed at traffic stops, to expanding the probable cause to arrest a particular defendant, marijuana has had quite an impact on the expansion of criminal procedure during the War on Drugs. 

There are several lessons to be learned from this failed 50-plus year criminalization experiment, and those failures and successes should be identified in order to make better scheduling choices in the future.  After such reflections, this article will examine what life will be like in a readily available, post-legalization marijuana world.  While simple possession of marijuana may become legal, the federal government will still have its hand in its regulation and taxation. Law enforcement’s ability to arrest, search, and forfeit drug-related assets may be limited but not to as great an extent as one might think.  Due to heavy regulation, law enforcement will still be using its tools to identify marijuana-related crime, such as violations of driving while intoxicated, open container laws, public intoxication, minor in possession laws, possession of large amounts of marijuana, etc.  The laws and law enforcement activity in states where marijuana has already been decriminalized serve as a guidepost for a post-legalization world.  Living in a post-legalization world will require some changes for the law enforcement community and will cause federal agents to shift from criminal investigative work to regulatory action.

February 20, 2021 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices | Permalink | Comments (3)

Thursday, February 18, 2021

New Leafly report asserts "legal cannabis now supports 321,000 full-time American jobs"

This short new "Jobs Report 2021" from Leafly provides a rosy account of the job creation contributions of the legalization of marijuana in US states.  Here is part of the start of the 16-page report:

How many jobs are there in America’s legal marijuana industry?  The 2021 Leafly Jobs Report found 321,000 full-time equivalent (FTE) jobs supported by legal cannabis as of January 2021.

To put that in perspective: In the United States there are more legal cannabis workers than electrical engineers.  There are more legal cannabis workers than EMTs and paramedics. There are more than twice as many legal cannabis workers as dentists.  And those jobs aren’t limited to Colorado and California. Medical marijuana is now legal in 37 states, while 15 states and Washington, DC, have legalized cannabis for all adults.  In Florida, there are now more cannabis workers than plumbers. In Pennsylvania, the state’s famous steel industry employs roughly 36,000 workers — and the state’s not-so-famous legal cannabis industry employs nearly 16,000. In Michigan, there are more cannabis workers than cops.

The annual Leafly Jobs Report, produced in partnership with Whitney Economics, is the nation’s cornerstone cannabis employment study. Federal prohibition prevents the US Department of Labor from counting state-legal marijuana jobs.  Since 2017, Leafly’s news and data teams have filled that gap with a yearly analysis of employment in the legal cannabis sector.  Whitney Economics, a leading consulting firm that specializes in cannabis economics, has partnered with Leafly on the project since 2019.

In real numbers, the cannabis job growth in 2020 represents a doubling of the previous year’s US job growth.  In 2019, the cannabis industry added 33,700 new US jobs for a total of 243,700.  Despite a year marked by a global pandemic, spiking unemployment, and economic recession, the legal cannabis industry added 77,300 full-time jobs in the United States.  That represents 32% year-over-year job growth, an astonishing figure in the worst year for US economic growth since World War II.  Outside the cannabis industry, the US economy shrank by 3.5%, the unemployment rate almost doubled, and nearly 10 million Americans saw their jobs disappear.

February 18, 2021 in Business laws and regulatory issues, Employment and labor law issues, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (1)

Monday, February 15, 2021

On Presidents Day, coalition calls for Prez Biden to issue "a general pardon to all former federal, non-violent cannabis offenders in the U.S."

DownloadVia email, I learned of this notable new letter sent from coalition of public policy organizations, business groups and criminal justice reform advocates calling upon Prez Biden to use his clemency power on behalf of certain marijuana offenders.  Here is an extended excerpt from the letter:

Thank you for taking a strong leadership position in support of criminal justice reform in the United States.  The protests and civil unrest that dominated the news following the murder of George Floyd revealed historic levels of mistrust and eagerness for bold new leadership.  Our system is in urgent need of reform, and we appreciate the goals outlined by your administration.

President Biden, we urge you to clearly demonstrate your commitment to criminal justice reform by immediately issuing a general pardon to all former federal, non-violent cannabis offenders in the U.S.  In addition, all those who are federally incarcerated on non-violent, cannabis-only offenses for activity now legal under state laws should be pardoned and their related sentences commuted.  Cannabis prohibition ruins lives, wastes resources, and is opposed by a large majority of Americans.  Two out of every three states in the U.S. have abandoned the federal government’s blanket prohibition and now provide safe and regulated access to cannabis for adults and/or those with qualifying medical conditions.  And Illinois Gov. J.B. Pritzker has showcased the important role of clemency in achieving justice and equity with cannabis reforms through his recent work pardoning or expunging nearly half a million prior cannabis convictions.

Criminal histories related to cannabis can be particularly harmful for individuals, despite the change in laws in many states.  Convictions can seriously limit job opportunities, housing, and educational options.  Long after a person has gone through the legal system, the baggage of the war on marijuana continues to undermine that person’s life and diminish their prospects.  It is past time for the harm to stop.

In November 2019, during a Democratic Primary Debate, you stated: “I think we should decriminalize marijuana, period.  And I think everyone – anyone who has a record – should be let out of jail, their records expunged, be completely zeroed out.”  You now are in a position to do just that through a categorical pardon grant.  Such grants are hardly unprecedented.  Presidents from both political parties have taken such action when circumstances warranted it.  In 1974, President Ford signed a proclamation granting conditional pardons to the Selective Service Act violators who did not leave the United States.  In 1977, President Carter issued categorical pardons to all Selective Service Act violators as a way to put the war and divisions it caused in the past.

While the war on cannabis impacts individuals of all races, a disproportionate number who enter the criminal justice system are people of color.  On your first day in office, you signed an executive order rightly stating that, “Our Nation deserves an ambitious whole-of-government equity agenda that matches the scale of the opportunities and challenges that we face.”  Today, the long-term harm of cannabis prohibition in communities of color throughout the country is profound. As we look to solutions to provide healing, the dangerous policing tactics that were developed to execute the war on marijuana, including no-knock warrants and other aggressive tactics, shock the nation and have led us to historic levels of mistrust. When a large majority of Americans no longer believe cannabis should be illegal, aggressive enforcement tactics quickly lose support.  A general pardon of all former and current federal non-violent cannabis offenders would be the kind of grand, ambitious, and impactful action that would effectively signal to marginalized communities that their suffering is seen and that the government seeks to remedy their harms.

February 15, 2021 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (2)

Thursday, February 11, 2021

"The Effect of State Marijuana Legalizations: 2021 Update"

The title of this post is the title of this recent "Policy Analysis" from the folks at the Cato Institute.  This 40-page document was authored by Angela Dills, Sietse Goffard, Jeffrey Miron, and Erin Partin, and here is its executive summary:

In November 2012, Colorado and Washington approved ballot initiatives that legalized marijuana for recreational use under state law.  Since then, nine additional states (Alaska, Oregon, California, Nevada, Maine, Vermont, Massachusetts, Michigan, and Illinois) plus the District of Columbia have followed suit, either by ballot initiative or legislative action.  Voters in four other states (New Jersey, South Dakota, Arizona, and Montana) approved state ballot measures legalizing marijuana for personal use in the November 2020 election.

Supporters and critics make numerous claims about state-level marijuana legalizations.  Advocates suggest that legalization reduces crime, raises tax revenue, lowers criminal justice expenditures, improves public health, increases traffic safety, and stimulates the economy.  Critics argue that legalization spurs marijuana and other drug or alcohol use, increases crime, diminishes traffic safety, harms public health, and lowers teen educational achievement.

In previous work, we found that the strong claims made by both advocates and critics are substantially overstated and in some cases entirely without support from existing legalizations; mainly, state legalizations have had minor effects.  This paper updates previous work to account for additional years of data and the increase in the number of states with legalized marijuana.  Our conclusions remain the same, but our assessments of legalization’s effects remain tentative because of limitations in the data.  The existing data nevertheless provide a useful perspective on what other states should expect from legalization or related policies.

February 11, 2021 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (1)

Tuesday, February 9, 2021

"Cannabis Croynism"

DownloadThe title of this post is the title of this notable new report just released by the Government Accountability Institute.  Here is part of the report's executive summary:

Cannabis legalization in the United States has come a long way . In 1996, California became the first state to legalize marijuana for medicinal use only.  This past November, five more states legalized marijuana, and 47 of the 50 states now allow its recreational or medical use.  While governments this Spring were imposing lockdowns and closures of most businesses, churches and schools to combat the COVID-19 epidemic, marijuana dispensaries joined pharmacies and liquor stores as “essential businesses” that must remain open in California.

While he was the first governor to issue a statewide shelter-in-place order, Governor Gavin Newsom of California kept marijuana available.  Other states would soon follow: Thirty states in total that issued statewide stay-at-home orders would allow dispensaries of some kind, including recreational, to remain open.

While some claim that cannabis dispensaries were truly as important as pharmacies, which also remained open during statewide lockdowns, other factors may have contributed to this decision.  Whatever its medicinal and recreational benefits, cannabis has evolved into a nearly $21 billion industry that lobbies, pressures, and rewards politicians who look out for it.

In August 2019, the FBI announced it was investigating public corruption in the cannabis industry through pay-to-play bribery schemes. This announcement came at a time when the debate in the United States over the pros and cons of legalizing pot had mostly concluded. Officials in many states have routinely ignored federal laws prohibiting the use of marijuana, effectively giving regulatory authority over marijuana to individual states.

There are now far more states where marijuana is fully legal than where it is illegal.  Twelve states have decided through referendum, and two states through legislative action, to legalize recreational use of marijuana.  Just three states – Nebraska, Kansas, and Idaho – still prohibit any use of marijuana, while the remaining forty-seven states have opted for legalization in some form.

With this new authority, state officials must now create specific regulations.  Where states have approved legal marijuana, politicians must make licensing rules for detailing which businesses may distribute such products, and who may purchase them. As with any new market, laws and regulations inevitably will pick the winners and losers in this emerging industry, whose value may be as high as $35 billion by 2025.

As with any economic activity regulated by the government, affected businesses seek an advantage by hiring insiders who have access to those close to the regulatory process.  They also make campaign contributions to well-positioned politicians.

And while most cannabis-related regulatory and legislative action is happening at the state level, some national level political figures have leveraged their positions to make money from cannabis legalization.  For example, in 2017, Paul Pelosi Jr., the son of House Speaker Nancy Pelosi, was named Chairman of the Board of Directors of Freedom Leaf, Inc., a consulting firm advising the budding marijuana industry.  The following year, the company entered the CBD distribution business, while Pelosi purchased more than $100,000 in company stock.

Former Republican Speaker of the House John Boehner, who staunchly opposed legalizing marijuana in Congress, is now bullish on the industry.  “This is one of the most exciting opportunities you’ll ever be part of,” he says in a video announcing his new National Institute for Cannabis Investors.  “Frankly, we can help you make a potential fortune.”  Boehner stands to earn an estimated $20 million if his group succeeds in persuading the federal government to legitimize marijuana.

Still, for now, the states are where most of the action on marijuana distribution is found, and where the greatest threat of political corruption exists.  The Government Accountability Institute (GAI), whose mission is to expose cronyism, reviewed the process related to legalizing marijuana in seven states.  For each state we reviewed, GAI focused on identifying the relationships between policy decisions that benefited advocates of marijuana legalization and the transfer of money and other benefits from marijuana-related businesses and lobbyists to elected officials.

While each state possessed a unique set of circumstances related to legalizing marijuana, our research found striking similarities in how cronyism in these states occurred.  For example, in several states, elected officials and government employees made decisions that ultimately benefited them financially.

February 9, 2021 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Monday, February 8, 2021

State judge declares South Dakota ballot iniative legalizing marijuana invalid for covering "multiple subjects"

This AP article, headlined "South Dakota judge strikes down voter-approved measure legalizing marijuana," reports on a notable state ruling from the Mount Rushmore State.  Here are the basics:

A South Dakota judge on Monday struck down a voter-approved constitutional amendment that legalized recreational marijuana.  Circuit Judge Christina Klinger ruled the measure approved by voters in November violated the state’s requirement that constitutional amendments deal with just one subject.

Lawyers on both sides have said they expect the issue to be appealed to the state’s Supreme Court.

Two law enforcement officers, Highway Patrol Superintendent Col. Rick Miller and Pennington County Sheriff Kevin Thom, sued to block legalization by challenging its constitutionality.  Miller was effectively acting on behalf of South Dakota Gov. Kristi Noem, who had opposed the effort to legalize pot.

Lawyers for the law enforcement officers argued that the ballot initiative violated a rule that constitutional amendments must only address one subject.  They also said that by giving the Department of Revenue the power to tax and regulate marijuana, it improperly elevated the department to a fourth branch of state government.

Lawyers defending legalization dismissed those arguments and said the lawsuit was an effort to overturn the results of a fair election.  About 54 percent of voters approved recreational marijuana.  Possessing small amounts of marijuana would have become legal on July 1, but that will not happen unless a higher court overturns the ruling.

The full ruling is available at ths link.

February 8, 2021 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

"Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond 'He Looked Buzzed To Me, Your Honor'"

The title of this post is the title of this new paper recently posted to SSRN and authored by William McNichol.  Here is its abstract:

This paper examines how marijuana impairment is currently proven, especially in states where marijuana has been legalized under state law.  Much of the currently used proofs, and in particular testimony of purported Drug Recognition Experts, and some legislatively imposed standards are scientifically unsound and their use should be discontinued or severely limited.  It is recommended that development of a valid biochemical proxy for marijuana impairment should be a priority funding item in states where marijuana is legalized. 

February 8, 2021 in Criminal justice developments and reforms | Permalink | Comments (0)

Sunday, February 7, 2021

Virginia poised to become 16th state to fully legalize marijuana for adult use

Images (7)As reported in this local article, headlined "Marijuana will be legal in Virginia after historic vote, with dispensaries opening in 2024," the Old Dominion state is on track be become the newest marijuana reform state.  Here are the details:

Virginia, which for decades has sent thousands of people to jail for selling or using marijuana, is about to make it legal. In a historic shift for this traditionally conservative Southern state, the General Assembly voted Friday to allow its possession, manufacture and sale.

But while lawmakers in the House of Delegates and Senate agree on legalizing the substance, the chambers will have to work out differences in their proposed bills before a final version reaches Gov. Ralph Northam, who has signaled he will sign their legislation into law. Beginning in 2024, cannabis can be sold in regulated stores, with tax revenue going to pre-K and public health programs, addiction treatment and a fund to remedy the effects of the drug’s criminalization.

“There are more deaths from legal pharmaceuticals … sold at your local CVS and Walgreens that cause way more deaths than anything that marijuana — cannabis — will do,” said Del. Don Scott, D-Portsmouth, stressing that the prosecution of marijuana use disproportionately harms Black and brown Virginians. “If you want to help marginalized communities, here is an opportunity. This is an opportunity to invest in those communities that have been decimated by the so-called war on drugs and to give us an economic leg up.”

A 2018 Daily Press investigation found Black Virginians were far more likely to be charged with marijuana possession and go to jail if convicted, even on a first offense. Half of those charged with first-offense possession were African American despite the state’s population being only about 20% Black, and despite surveys consistently showing white and Black people use marijuana at similar rates.

Under the Senate bill, passed Friday afternoon, simple possession would be legal starting in July, but retail sales would not start until 2024. The House of Delegates passed a similar bill earlier in the day.... Friday’s votes fell largely down party lines....

The state had already decriminalized marijuana last year. Being caught with up to an ounce of marijuana will land you a $25 civil fine, akin to a parking ticket. Before that, it could have resulted in a criminal conviction, a $500 fine and 30 days in jail for a first offense — and up to a year in jail for a second or subsequent offense. “It was a good first step, but more is needed,” Sen. Louise Lucas, D-Portsmouth, said about last year’s change before Friday’s votes to legalize. “The (Senate) bill is the next step.”

From 2010 to 2018, there were almost 200,000 marijuana possession arrests in Virginia, and nearly 39,000 of those were in Hampton Roads, according to Old Dominion University’s 2019 State of the Region report.

About 68% of Virginia’s registered voters support legalizing marijuana, according to poll results released Tuesday by the Wason Center for Civic Leadership at Christopher Newport University.

February 7, 2021 in History of Marijuana Laws in the United States, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Monday, February 1, 2021

Key Democratic Senators pledging to soon "release a unified discussion draft" to advance "comprehensive cannabis reform legislation in the 117th Congress"

6a00d8341bfae553ef0223c85155dc200c-320wiThere is notable marijuana reform news from Capitol Hill today, well covered by this Marijuana Moment piece headlined "Democratic Senate Leaders Announce Steps To Federally Legalize Marijuana In 2021."  Here are the basics:

Three leading champions of marijuana reform in Congress said on Monday that the issue will be prioritized in the new Democratic Senate this year and that they plan to release draft legislation in the coming weeks to begin a conversation about what the federal policy change will look like.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) said in a joint statement that ending cannabis prohibition “is necessary to right the wrongs of this failed war and end decades of harm inflicted on communities of color across the country,” but that alone “is not enough.”...

This is a narrative that’s been building in recent months, with Schumer saying on several occasions both before and after the election that he would work to move reform legislation with his new power to control the Senate floor agenda. Since Democrats secured a majority in the chamber, the stage is set for action....

Rep. Earl Blumenauer (D-OR), who has spent decades working to end marijuana prohibition and is a co-chair of the Congressional Cannabis Caucus, said in a press release that he’s encouraged that Senate’s new majority is “prepared to move forward together on comprehensive cannabis legislation.” He added that the House-passed Marijuana Opportunity, Reinvestment and Expungement (MORE) Act to legalize marijuana “is a great foundation” for reform in the 117th Congress. The new legislation would likely be referred to Wyden’s panel, the Senate Finance Committee, for consideration once introduced....

Recent comments from the Schumer, the majority leader, indicate that whatever bill is filed will likely include components of multiple pieces of legislation from the last Congress, which he said are actively being merged....

Already in 2021, two congressional marijuana bills have been filed: one to move cannabis from Schedule I to Schedule III of the Controlled Substances Act and another to prevent the U.S. Department of Veterans Affairs from denying veterans benefits solely because they use medical marijuana in compliance with state law.

Read the full joint statement on Senate marijuana reform priorities below:

Washington, D.C. – U.S. Senators Cory Booker, D-N.J., Ron Wyden, D-Ore., and Chuck Schumer, D-N.Y., issued the following joint statement regarding comprehensive cannabis reform legislation in the 117th Congress:

“The War on Drugs has been a war on people—particularly people of color.  Ending the federal marijuana prohibition is necessary to right the wrongs of this failed war and end decades of harm inflicted on communities of color across the country. But that alone is not enough. As states continue to legalize marijuana, we must also enact measures that will lift up people who were unfairly targeted in the War on Drugs.

“We are committed to working together to put forward and advance comprehensive cannabis reform legislation that will not only turn the page on this sad chapter in American history, but also undo the devastating consequences of these discriminatory policies.  The Senate will make consideration of these reforms a priority.

“In the early part of this year, we will release a unified discussion draft on comprehensive reform to ensure restorative justice, protect public health and implement responsible taxes and regulations. Getting input from stakeholder group will be an important part of developing this critical legislation.”

I am pleased to see this reform effort moving forward, and it will be especially interest to see when this unified discussion draft will be released and what provisions it will include. I am inclined to guess that the draft will be public sometime in late March or early April (I hope not on 4/20), and that the draft will look somewhat like, but not exactly like, the MORE bill that made it through the House last year. Interesting times

February 1, 2021 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)