Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

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

https://lawprofessors.typepad.com/marijuana_law/2021/02/key-democratic-senators-pledging-to-soon-release-a-unified-discussion-draft-to-advance-comprehensive.html

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