Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Tuesday, November 26, 2019

"Cannabis Trademarks and the First Amendment"

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

A review of Supreme Court trademark litigation interpreting the First Amendment as well as recent trademark litigation at the state and federal levels.  The prohibition on immoral trademarks has been steadily eroding as a result of First Amendment litigation at the United States Supreme Court.  In light of recent Supreme Court decisions on trademark registrations and free speech, the question then becomes: Is the ban on cannabis trademark registrations justifiable in light of the First Amendment in view of these recent cases?  The issue of whether the United States Patent & Trademark Office (USPTO) should or will issue registrations in light of this recent line of cases is discussed.

November 26, 2019 in Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Wednesday, November 20, 2019

US House Judiciary Committee advances sweeping marijuana reform bill, the MORE Act, by a vote of 24-10

As report in this press piece, headlined "House panel passes bill aiming to legalize marijuana, but top Democrat concedes ‘Senate will take its own time,’" a notable marijuana reform bill advanced in Congress today, but its long-term prospects are still limited.  Here are the basics:

The Democratic-controlled House Judiciary Committee on Wednesday voted in favor a bill that decriminalizes marijuana at the federal level, with a couple of Republicans supporting the measure.

The panel’s chairman, however, had acknowledged Tuesday that the Marijuana Opportunity Reinvestment and Expungement (MORE) Act could be a tough sell in the Republican-controlled Senate. “The Senate will take its own time, but then the Senate always does,” said Jerry Nadler, the New York Democrat. He aimed to sound upbeat during Tuesday’s news conference ahead of Wednesday’s markup session for the bill: “The energy and the political pressure from the various states is growing rapidly. The Senate is subject to that, too. We’ll accomplish this.”...

Nadler, for his part, had on Tuesday described the committee vote on the MORE Act as “part of a long-term fight.” He stressed Wednesday that House lawmakers can negotiate with the Senate. Pro-marijuana activists have been celebrating the action in the House Judiciary Committee, with the National Organization for the Reform of Marijuana Laws, also known as NORML, calling it the “biggest marijuana news of the year” and the “first-ever vote to remove marijuana from the Controlled Substances Act.”

Besides decriminalizing marijuana at the federal level, the MORE Act aims to expunge prior marijuana convictions and spur re-sentencing hearings for people still under supervision. It also would set up a 5% sales tax on marijuana products that would fund three grant programs, including one that would provide job training, legal aid and other services to the individuals hit hardest by the War on Drugs....

The MORE Act [available here] has more than 50 co-sponsors in the House, including Republican Rep. Matt Gaetz of Florida, a member of the House Judiciary Committee who voted for the measure on Wednesday. The backers of the bill in the Senate include Democratic presidential hopefuls Sen. Kamala Harris of California, Sen. Cory Booker of New Jersey and Sen. Elizabeth Warren of Massachusetts.

The House committee voted 24-10 in favor of the bill on Wednesday, a House clerk said. Georgia Rep. Doug Collins, the committee’s top Republican, was among the GOP lawmakers who didn’t support the measure.

Collins said the MORE Act was a non-starter for most of his Republican colleagues. He suggested it won’t become law and lead to real change. “Do we want to accomplish something or do we just want to make a political statement?” Collins asked.

Groups in Washington that have disclosed lobbying on the MORE Act this year include the National Association of Mutual Insurance Companies (NAMIC), the Cannabis Trade Federation, the National Association of Criminal Defense Lawyers, the American Civil Liberties Union and NORML.

The cannabis industry has set a fresh record for its overall annual lobbying spending in Washington, with an outlay of $3.77 million through this year’s third quarter as it has pushed for a bill that would protect financial institutions that work with the marijuana industry.

November 20, 2019 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (1)

Tuesday, November 19, 2019

US House Judiciary Committee to hold mark up of MORE Act proposing federal decriminalization of marijuana on Nov 20

6a00d8341bfae553ef0223c85155dc200c-320wiAs detailed in this press release, "House Judiciary Committee Chairman Jerrold Nadler (D-NY) [Monday] announced the Committee will hold a markup on Wednesday, November 20, 2019 of H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act), comprehensive legislation to decriminalize marijuana at the federal level, reassess marijuana convictions, and invest in local communities. Senator Kamala Harris (D-CA) introduced the companion bill in the Senate."  Here is more about MORE moving forward legislatively:

Ahead of the markup, on Tuesday, November 19, 2019, Chairman Nadler, Rep. Barbara Lee (D-CA), Rep. Earl Blumenauer (D-OR) and additional Members of Congress, will hold a press conference to highlight the legislation.

"Our marijuana laws disproportionately harm individuals and communities of color, leading to convictions that damage job prospects, access to housing, and the ability to vote." said Chairman Nadler. "Recognizing this, many states have legalized marijuana.  It’s now time for us to remove the criminal prohibitions against marijuana at the federal level. That’s why I introduced the MORE Act, legislation which would assist communities disproportionately impacted by the enforcement of these laws. I am grateful for the leadership of Rep. Barbara Lee and Rep. Blumenauer, as well as other Members of Congress who have helped pave the way for this important measure. I look forward to moving this legislation out of the House Judiciary Committee, making it one step closer to becoming law."

"Our federal cannabis policies have been rooted in the past for far too long. As states continue to modernize how we regulate cannabis, Congress has a responsibility to ensure that our policies are fair, equitable, and inclusive," said Congresswoman Lee. "As Co-Chair of the bipartisan Cannabis Caucus, I am pleased to see Chairman Nadler and the Judiciary Committee take this historic step in marking up the Marijuana Opportunity Reinvestment & Expungement (MORE) Act. I’m pleased that this critical bill includes key tenets from my own legislation to right the wrongs of the failed and racist War on Drugs by expunging criminal convictions, reinvesting in communities of color through restorative justice, and promoting equitable participation in the legal marijuana industry. I applaud Chairman Nadler for his leadership and look forward to seeing this bill move out of committee."

Tuesday Press Conference on MORE Act

Date: November 19, 2019

Time: 11:00 a.m.

Location: Rayburn House Office Building Room 2237, Washington, D.C.  Live stream: https://www.facebook.com/HouseJudDems/

Wednesday Markup of the MORE Act

Date: November 20, 2019

Time: 10:00 a.m.

Location: Rayburn House Office Building Room 2141, Washington, D.C. Live stream: https://www.youtube.com/channel/UCVvv3JRCVQAl6ovogDum4hA

 

The Marijuana Opportunity Reinvestment and Expungement Act:

  • Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
  • Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
  • Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
    • The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, youth recreation, mentoring, and substance use treatment.  
  • The Cannabis Opportunity Grant Program: Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals.
  • The Equitable Licensing Grant Program: Provides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
  • Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
  • Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
    • Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
  • Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
  • Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry. 

The full text of the MORE Act is available at this link.  Based on my email traffic, I know a lot of marijuana reform groups are very excited about this legislative development.  But I will await news that the full House will be voting on the bill, as well as some indication that the Senate might be interested in taking up any marijuana reform proposals, before thinking that federal reform is anywhere close to becoming a reality.

As noted in this prior post when the MORE Act was first introduced, I am excited that the  most comprehensive federal marijuana reform bill to be getting attention includes a provision (Section 5) establishing a "Cannabis Justice Office" within the within the federal Office of Justice Programs.  In my 2018 article, "Leveraging Marijuana Reform to Enhance Expungement Practices," I make the case for using marijuana revenues to help build an institutional infrastructure for helping to remediate the various harms from the war on drugs.  Though this proposed Cannabis Justice Office is not exactly what I had in mind, I am thrilled to see a major reform bill focus on creating an infrastructure for continued emphasis on justice and equity issues.

Prior related post:

New Marijuana Opportunity Reinvestment and Expungement Act envisions creating a Cannabis Justice Office

November 19, 2019 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (1)

Tuesday, November 12, 2019

"A special exception for CBD in foods and supplements?"

X13596446The question in the title of this post is the headline if this notable new editorial in the journal Drug Discovery Today authored by Patricia Zettler and Erika Lietzan.  (Disclosure/humble brag: Professor Zettler is on the Ohio State College of Law faculty and a member of our Drug Enforcement and Policy Center.)  Here are excerpts from the start and end of the piece:

In the last two years the cannabidiol (CBD) market has exploded. Consumers can purchase CBD-containing oils, lotions, gummies, tea, coffee, water, popcorn, and cereal, on store shelves and online. Celebrities and athletes are touting the benefits of these products, and sales are forecast to exceed $20 billion in the next five years.  This market explosion has coincided with the U.S. Food & Drug Administration (FDA)’s 2018 approval of the first CBD drug (Epidiolex), for treating seizures associated with two rare and severe forms of epilepsy in children, as well as the 2018 Farm Bill, which removed cannabis with low levels of delta-9-tetrahydocannabinol (THC) — “hemp” — from the federal list of controlled substances.  And it comes on the heels of nearly 40 states enacting comprehensive laws to legalize cannabis for medical use (and sometimes recreational use) within their borders.

Yet significant questions remain about the legal status of these widely available CBD products.  Most sales of CBD-containing foods and supplements violate the “drug exclusion rules” in the Federal Food, Drug, and Cosmetic Act (FDCA).  But FDA has yet to enforce those rules, apart from sending warning letters to a few sellers.  The agency is instead considering what approach to take.  Several former agency officials — including former Commissioner Scott Gottlieb — have urged FDA to create a sensible, science-based path forward for consumer products.  The time is ripe for the agency, lawmakers, health care providers, the drug discovery community, and the public to consider the purpose of the drug exclusion rules and what a different approach — exempting CBD — might mean for consumer and patient access and safety, as well as innovation incentives....

As a practical matter, CBD-containing foods and supplements may be here to stay.  Lawmakers or FDA may decide that the drug exclusion rules are unwarranted for CBD, given the federal descheduling of hemp, state legalization of cannabis products, and (eventually) rigorous evidence that CBD products are relatively safe.  But FDA should not default into this position simply because a robust, albeit unlawful, market has already emerged.  A decision to give CBD special treatment should be made thoughtfully and with public participation, accounting for possible gains in consumer access and choice, as well as the lost opportunity to learn, and harness, CBD’s full therapeutic potential.

November 12, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Medical community perspectives, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, November 6, 2019

"The Evolving Federal Response to State Marijuana Reforms"

The title of this post is the title of this new paper now available via SSRN authored by Rob Mikos.  Here is its abstract:

The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law.  While nearly every state has legalized marijuana in at least some circumstances, federal law continues to ban the substance outright.  Nonetheless, the federal response to state reforms has been anything but static during this revolution.  This Essay, based on my Distinguished Speaker Lecture at Delaware Law School, examines how the federal response to state marijuana reforms has evolved over time, from War, to Partial Truce, and, next (possibly) to Capitulation.  It also illuminates the ways in which this shifting federal response has alternately constrained and liberated states as they seek to regulate marijuana as they deem fit.

November 6, 2019 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Thursday, October 24, 2019

Senator Bernie Sanders puts forth details for his plan to legalize marijuana and repair harms of the drug war

95e4ca64-1205-4f28-b167-c6912ed95230-sandersIn August, Senator Bernie Sanders released this extended plan detailing a wide array of criminal justice reform proposals.  Unsurprisingly, one plank of his broader reform plan included a commitment to "legalize marijuana and vacate and expunge past marijuana convictions, and ensure that revenue from legal marijuana is reinvested in communities hit hardest by the War on Drugs."  Today, as detailed on this campaign page, Senator Sanders has provided a lot more of his proposed particulars for marijuana reform and here are excerpts:

As president, Bernie will:

Legalize marijuana in the first 100 days with executive action by:

  • Nominating an attorney general, HHS secretary, and administrator for the DEA who will all work to aggressively end the drug war and legalize marijuana
  • Immediately issuing an executive order that directs the Attorney General to declassify marijuana as a controlled substance
  • While Congress must aggressively move to end the war on drugs and undo its damage, as president Bernie will not wait for Congress to act. Passing legislation to ensure permanent legalization of marijuana

Vacate and expunge all past marijuana-related convictions.

  • In a Sanders administration we will review all marijuana convictions - both federal and state - for expungement and re-sentencing. All past convictions will be expunged.
  • Based on the California model, we will direct federal and state authorities to review current and past marijuana related convictions for eligibility. This review will include re-sentencing for all currently incarcerated with marijuana convictions. Following determination of eligibility or status, prosecutors will have one year to appeal or object, after which authorities will automatically expunge and vacate past marijuana convictions for all those eligible.
  • Federal funding will be provided to states and cities to partner with organizations that can help develop and operate the expungement determination process, much like how California worked with Code for America....

Ensure that revenue from legal marijuana is reinvested in communities hit hardest by the War on Drugs, especially African-American and other communities of color.  With new tax resources from legal marijuana sales, we will:

  • Create a $20 billion grant program within the Minority Business Development Agency to provide grants to entrepreneurs of color who continue to face discrimination in access to capital.
  • With this revenue we will also create a $10 billion grant program to focus on businesses that are at least 51% owned or controlled by those in disproportionately impacted areas or individuals who have been arrested for or convicted of marijuana offenses....
  • Use revenue from marijuana sales to establish a targeted $10 billion USDA grant program to help disproportionately impacted areas and individuals who have been arrested for or convicted of marijuana offenses start urban and rural farms and urban and rural marijuana growing operations to ensure people impacted by the war on drugs have access to the entire marijuana industry....
  • Create a $10 billion targeted economic and community development fund to provide grants to communities hit hardest by the War on Drugs.

Ensure Legalized Marijuana Does Not Turn Into Big Tobacco  Big Tobacco is already targeting the marijuana industry for its profits.  As president, Bernie will not allow marijuana to turn into Big Tobacco.  He will:

  • Incentivize marijuana businesses to be structured like nonprofits.
  • We will provide resources for people to start cooperatives and collective nonprofits as marijuana businesses that will create jobs and economic growth in local communities.

October 24, 2019 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (0)

Tuesday, October 22, 2019

Senate International Narcotics Control Caucus to hold hearing on "Marijuana and America’s Health: Questions and Issues for Policy Makers."

As reported here via Marijuana Moment and as made official on this Senate webpage, the Senate International Narcotics Control Caucus is scheduled to hold a two-panel hearing on Wednesday, October 23, 2019 at 2:30pm under the title "Marijuana and America’s Health: Questions and Issues for Policy Makers."  Here is the "Witness List":

Panel I Consisting of:

  • Jerome Adams, MD, Surgeon General of the United States, Department of Health and Human Services, Washington, DC
  • Nora Volkow, MD, Director, National Institute of Drug Abuse, North Bethesda, MD 

Panel II Consisting of:

  • Robert Fitzgerald, Ph.D., Professor of Pathology, University of California-San Diego, San Diego, CA
  • Staci Gruber, Ph.D., Professor of Psychiatry, Harvard Medical School, Boston, MA
  • Sean Hennessy, Pharm.D, Ph.D., Professor of Epidemiology, University of Pennsylvania Perelman School of Medicine, Philadelphia, PA
  • Madeline Meier, Ph.D., Assistant Professor of Psychology, Arizona State University, Tempe, AZ

Here is some context from the Marijuana Moment article:

While the panel has released few details about the meeting, the list of witnesses gives some indication about what kind of subject matter will be covered.

Surgeon General Jerome Adams is set to participate in the first panel. The official is an outspoken critic of cannabis reform, decrying increased THC potency and decreased perception of marijuana risks among youth. He issued an advisory in August warning the public about marijuana use by adolescents and pregnant women.

Nora Volkow, director of the National Institute On Drug Abuse (NIDA), will join Adams on that panel. While often skeptical about claims about the therapeutic benefits of cannabis such as its ability to help people overcome addiction to opioids, Volkow has repeatedly stated that the Schedule I status of marijuana under the Controlled Substances Act is inhibiting research into the plant....

For the caucus’s second panel, four professors from universities across the country will weigh in on marijuana and public health. Robert Fitzgerald of the University of California at San Diego, Staci Gruber of Harvard Medical School, Sean Hennessy of the University of Pennsylvania School of Medicine and Madeline Meier of Arizona State University are scheduled to testify.

Fitzgerald and Gruber have led departments within their respective schools that have conducted studies into marijuana, such as Gruber’s research demonstrating that the use of medical cannabis can improve cognitive functioning. Meier is well-known for her 2012 study linking frequent marijuana use to a drop in IQ.

October 22, 2019 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, September 25, 2019

US House of passes SAFE Banking Act by a vote of 321-103, but Senate vote still seems unlikely

Safe-banking-horizontal-1-800x419As reported in this MarketWatch piece, headlined "House passes cannabis-banking bill, but getting Senate’s OK still looks tricky," one piece of significant federal marijuana reform moved a step forward today.  Here are the details:

The Democratic-controlled House of Representatives late Wednesday voted to pass a bill protecting banks that work with the marijuana industry, but some analysts are warning that the measure isn’t likely to become law in 2019 as it faces a tough road in the Republican-controlled Senate.

The chances of enactment this year for the bill — known as the Secure And Fair Enforcement (SAFE) Banking Act — have risen to 1 in 3, up from 1 in 5, reckons Ian Katz, an analyst at Capital Alpha Partners. Those still aren’t great odds, however.  “We remain skeptical for now,” Katz said in a note before the House vote, though he added that the chances could get better “if we see meaningful signals from the Senate in the next few weeks.”

The bill aims to give clarification to banks and credit unions that serve cannabis companies with, for instance, business accounts for bill paying. Currently, financial institutions face legal problems because marijuana remains illegal on the federal level, even as more states legalize it.  Lobbyists have emphasized that many cannabis businesses end up “unbanked” and operating largely in cash, and that makes them targets for robberies and other crimes.

Influential Republican Sen. Mike Crapo gave some hope to the SAFE Banking Act’s supporters earlier this month, as the Senate Banking Committee chairman told Politico that he wanted to hold a committee vote before the year’s end on a cannabis banking bill. There are no additional details on the potential timing for such a vote, said a spokeswoman for the Idaho lawmaker on Monday.  Crapo had sounded noncommittal on the issue at a July hearing.

The SAFE Banking Act “has been sweetened for Republicans,” Katz said. One provision would prevent the return of Operation Choke Point, an Obama-era program that Crapo mentioned at the July hearing and that involved investigating banks for doing business with payday lenders and firearms dealers. Another new provision aims to protect financial firms that serve the hemp industry, which is a force in Kentucky, the home state of Senate Majority Leader Mitch McConnell.

But McConnell continues to look like he could serve as a big roadblock to the bill. He described marijuana last year as hemp’s “illicit cousin which I choose not to embrace.” “There’s a line of thinking that McConnell could go along with a pot banking bill to help Republicans in the 2020 elections,” Katz said.  “The tough re-election prospects of Republican Sen. Cory Gardner [a co-sponsor of the bill] of marijuana-friendly Colorado are often cited.  But the benefit to Republicans, especially in the West and South, of supporting a bill that’s at least superficially pro-marijuana, is debatable.”

At the other end of the political spectrum, the bill had faced opposition ahead of Wednesday’s House vote from several progressive groups, such as the Center for American Progress, the American Civil Liberties Union and others.  In a letter to top House Democrats, the groups criticized the efforts to advance a bill that just addresses banking issues, but does not help “communities who have felt the brunt of prohibition,” yet have been “shut out” of the growing industry.  Their concerns didn’t end up stopping the House from passing the measure.

Wednesday’s vote happened under a suspension of House rules that limited debate and meant that two-thirds of the lawmakers present and voting needed to back the measure.  The vote tally was announced as 321 in favor vs. 103 against....

Many players in the cannabis industry say banking-related legislation will become law at some point in the next few years, even if 2019 doesn’t bring the action that they hope to see.  “I’m fairly confident that either the SAFE Act or STATES Act will be passed,” said Rob DiPisa, co-chair of law firm Cole Schotz’s Cannabis Law Group. “I think the industry has come too far.  The cat’s out of the bag, and it’s not going to disappear, so banking needs to happen.”

September 25, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States | Permalink | Comments (0)

More notable coverage of marijuana enforcement challenges thanks to hemp legalization

Mitch-mcon-weedIn prior posts here and here I have highlighted ways in which hemp and other cannabis reforms have made marijuana enforcement ever more challenging for law enforcement. Politico has this new lengthy article covering these realities with a spotlight on Senator Mitch McConnell's central role in hemp reform under the headline "Marijuana Mitch? How McConnell’s hemp push has made pot busts harder." Here are excerpts:

Mitch McConnell’s big victory for his home state hemp industry may have made it easier for people busted for marijuana to get off the hook.

Last year, McConnell pushed to get a provision legalizing hemp into the farm bill.  His goal was to spur hemp farming across the country and boost farmers in his home state of Kentucky who have been battered by a loss in federal tobacco subsidies.

But here’s the catch: Hemp and marijuana products both come from the same plant, cannabis, which makes it nearly impossible for the average cop to tell the difference.  As states rushed to change their hemp laws to capitalize on the federal changes, many municipalities are giving up on small-time pot busts because of a lack of reliable testing.  Under federal and most state laws, hemp can’t be more than 0.3 percent THC, the psychoactive compound that triggers a high.  Before hemp was legal, police only had tests that could detect the presence of THC, not how much.

Now that cannabis with less than 0.3 percent THC is legal, a growing number of prosecutors are requiring lab tests to bring charges. The mere presence of THC is no longer enough.

For example, in Texas, prosecutors were shocked by Republican Gov. Greg Abbott’s embrace of a hemp bill in June, said Paul Fortenberry, the narcotics division chief in the Harris County district attorney’s office.  The new law led to several district attorney’s offices to set policies requiring lab testing in marijuana cases.  Hundreds of people across the state happily had their cases dismissed.

Prosecutors in Florida, Ohio, Georgia and elsewhere have announced similar policies following hemp legalization laws. Five states legalized hemp this year and others expanded existing hemp programs because of the farm bill.

In Ohio, Columbus City Attorney Zach Klein’s office announced in August that it would stop prosecuting misdemeanor marijuana possession cases entirely after Republican Gov. Mike DeWine signed the state’s hemp legalization bill.  “I was not opposed to the law because of what it meant for Ohio farmers,” Klein said.  “Our farmers have been particularly hit by President [Donald] Trump’s trade war with China so it’s a positive thing for our state … but it still doesn’t mean there aren’t unintended consequences of this law.”

The localities where changes have already been made are likely just the first of many.  “It is a national issue.  This is not anything that is limited to just a few states,” said Duffie Stone, a South Carolina prosecutor and president of the National District Attorneys Association.

Hemp backers including McConnell, especially in conservative-leaning states, frame the hemp legalization issue as an agricultural one.  The crop cannot be consumed as an intoxicating drug, and it can help otherwise struggling farmers access a booming global market worth $3.7 billion in 2018.

But the issue of hemp cuts across several issues.  It’s exactly this focus on agriculture that caught prosecutors off guard in the first place — the hemp bill in Texas went through the agriculture committee.  “Typically when we have a criminal justice bill, it will come through the criminal justice committee,” Fortenberry said.  “Legislatures are seeing that other states have hemp programs worth tens or hundreds of millions of dollars, and they don’t want farmers in their state to get left behind,” he said.  “But in the process of doing that, I don’t think that they foresaw this unintended consequence.”

Earlier this year, South Dakota’s legislature passed a hemp legalization bill that Republican Gov. Kristi Noem promptly vetoed, arguing that it would undermine marijuana enforcement.  While lawmakers fell a few votes short of overriding her veto, they have vowed to try again in 2020.

“I find hard to believe [McConnell] would have moved [hemp legalization] in the same way had he been thinking about all these different implications,” said Melissa Moore, deputy state director of the Drug Policy Alliance, an advocacy group that aims to reduce criminalization in drug policies.  McConnell has previously opposed efforts to liberalize marijuana laws and didn’t return requests for comment for this report.

The farm bill essentially legalized hemp by removing it from the definition of marijuana under federal drug laws. Regulatory agencies haven’t finalized rules for the newly legal industry, however, leaving the nearly $2 billion industry built on the hemp derivative CBD in a regulatory limbo. CBD is a trendy cannabis compound used for relieving anxiety, pain, inflammation and more, though research on its efficacy is slim.  Hemp cultivars generally contain higher amounts of CBD and trace amounts of THC.  Its industrial applications abound: Hemp is gaining attention for its environmental friendliness and can be used in textiles, construction, biofuels, and more....

CBD-rich hemp flowers often look and smell the same as marijuana flowers that are high in THC. “Testing before didn’t distinguish the quantity of THC,” said Dallas County District Attorney John Creuzot.  Without some sort of lab results showing that the substance had more than the legal limit of THC, “it just didn’t make any sense to accept the case.”

Texas lawmakers were so dismayed by marijuana cases being tossed out that they wrote a letter to local prosecutors arguing that lab tests aren’t required in every case.  “Criminal cases may be prosecuted with lab tests or with the tried and true use of circumstantial evidence,” read the letter signed by the governor, lieutenant governor, House speaker, and state attorney general.

Some smaller DA offices in the state agree. A spokesperson for the El Paso DA’s office sent a statement pointing to a provision of the Texas Health and Safety Code for its decision to continue prosecuting marijuana cases without lab results. But prosecutors in the state’s more populous counties have a different view. “In this day and age, when you have the actual ability to determine whether something is a certain substance, juries expect you to bring you that evidence,” Fortenberry said.

But the lack of testing equipment to differentiate between hemp and marijuana has overwhelmed state crime labs and using private labs can be pricey for local authorities.  Some local police departments are exploring a roadside test from Switzerland, where cannabis under 1 percent THC is legal.  In Florida, more sophisticated testing is coming soon to law enforcement agencies in the Sunshine State: An agriculture official told the Industrial Hemp Advisory Council that a new THC field test will cost $6.50 per test.

Stone said local prosecutors in South Carolina are sending samples to the South Carolina Law Enforcement Division, which hired additional chemists and bought additional mass spectrometry machines that each cost about $100,000.

Like Texas, South Carolina hemp laws followed last year’s farm bill. But unlike other states that have seen prosecutions move away from marijuana cases, South Carolina prosecutors can still move forward with the cases because there is no statute of limitations for any criminal offense in the state.  In Texas, the statute of limitations for marijuana offenses is two years. That’s why prosecutors’ offices are tossing cases, said Creuzot, the Dallas County district attorney.  There’s such a “tremendous backlog” at state crime labs that the suspected marijuana samples can’t be tested before the statute of limitations runs up.

Ohio bought equipment that isn’t yet online, said Klein, but it will eventually allow the state Bureau of Criminal Investigation to test suspected marijuana samples.  When testing becomes available, prosecutors in the state also will have a two-year statute of limitations to contend with....

Proponents of marijuana legalization, however, caution that a lack of enforcement does not solve the issues that legalization and regulation would address.  “Certain individuals will avoid prosecution, but the only way to truly end the arrest of adults for marijuana is to fully legalize it at the state level,” said Erik Altieri, the executive director of NORML, an organization that advocates for marijuana legalization.

Creuzot said police officers often file marijuana cases anyways, despite knowing that his office won’t pursue the charges. “They arrest the person [and] take them to jail....  I don’t have any control over that if that’s what they want to do,” he said.  “An arrest in and of itself, even if the case is dismissed, can still have life-altering effects for somebody,” said Moore, of the Drug Policy Alliance, listing the potential consequences: barriers to employment opportunities, loans for higher education, affordable housing, and family law and immigration implications.

Recent related posts:

September 25, 2019 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States | Permalink | Comments (0)

Wednesday, September 18, 2019

Advocacy groups urge House leaders not to move forward with banking bill that "does not solve the underlying problems of marijuana prohibition"

As noted in this prior post, House Majority Leader Steny Hoyer is reportedly planning to put a marijuana banking bill on the floor of the House of Representatives for a vote in the  coming weeks.  But yesterday a set of advocacy groups sent this short and significant letter to House leaders urging a postponement of the floor vote because the SAFE Banking Act fails to address any criminal justice reform issues.  Here are excerpts from the letter:  

The Congress has a unique opportunity to address the myriad injustices created by this nation’s marijuana laws. For decades, people of color have suffered under harsh and racially-biased marijuana laws. Although marijuana use is equal between whites and Blacks, Blacks are 3.73 times more likely to be arrested for marijuana offenses. Despite many states legalizing marijuana, arrests have increased, with one arrest every 48 seconds.  Against this backdrop, we urge Congress to address the issue of marijuana prohibition holistically and inclusively, with timely Committee and Floor consideration of H.R.3884 – the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019.  Marijuana legislation must first address the equity and criminal justice reform consequences of prohibition.

The banking bill does not address marijuana reform holistically. Instead, it narrowly addresses the issues of banking and improved access to financial services, measures that would benefit the marijuana industry, not communities who have felt the brunt of prohibition.  To be clear, we recognize the challenges facing marijuana businesses that lack access to financial services.  However, we believe it is a mistake to move this issue forward while many of the other consequences of marijuana prohibition remain unresolved.  The banking bill does not solve the underlying problems of marijuana prohibition – namely, that many people of color have been saddled with criminal records for a substance that is now legal in many states, and that communities have been shut out of the emerging and booming marijuana industry....

Since the start of the 116th Congress, we have expressed concern to House Leadership, the House Financial Services Committee, and member offices, that if the banking bill moved to the Floor before broader reform, it would jeopardize comprehensive marijuana reform.  Therefore, we have pushed for a conversation among advocates, Committee leadership, and House Leadership to formulate a plan for moving marijuana legislation in a way that is comprehensive and does not result in carve-outs for the industry and leave behind impacted communities.

We ask that you delay any vote on the banking bill until agreement has been reached around broader marijuana reform.

September 18, 2019 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (0)

Monday, September 16, 2019

Serious talk of marijuana banking bill moving forward in Congress

This new Politico piece, headlined "Hoyer plans cannabis banking vote this month," reports that there is new momentum behind a small but very important federal marijuana reform bill.  Here are the details:

House Majority Leader Steny Hoyer intends to put cannabis banking legislation on the floor this month, a historic step toward legitimizing the marijuana industry nationwide.

A Hoyer spokesperson said the Maryland Democrat was discussing the matter with members but hasn't scheduled the vote just yet. He shared his plans at a whip meeting yesterday.  Other House Democratic aides said they expected the bill to be on the floor during the week of Sept. 23.

The bipartisan legislation would shield banks from federal penalties if they serve cannabis-related businesses in states where the drug has been legalized. Banks have been lobbying for the bill because cannabis remains banned at the federal level.

The new movement in the House comes as the legislation appears to be getting unexpected traction in the Senate, where Banking Chairman Mike Crapo (R-Idaho) is planning to hold a vote on a cannabis banking bill this year.

This piece at Marijuana Moment, headlined "Marijuana Banking Bill Will Get A Full House Floor Vote This Month," provides more context and quotes concerning these developments. It also has this account why matters are now moving forward:

While sources told Marijuana Moment that Hoyer made his decision to allow cannabis banking vote following an earlier Wednesday meeting on the issue, it is likely that building momentum in the GOP-controlled Senate added to pressure on the House to act so that Democrats wouldn’t be seen as lagging behind Republicans on cannabis reform, an issue the party has sought to take political ownership of.

I have generally been pessimistic about the prospects for any form of federal marijuana reform primarily because Senate Majority Leader Mitch McConnell has seemed disinclined to allow any reforms to get to the Senate floor.  I fear that this remains a reality that will thwart passage of even a modest reform bill that might have considerable support on both sides of the aisle. But, as proved true with the sentencing reform legislation last year, it seems possible that Senator McConnell would be willing to move the bill if President Trump and a significant number of GOP Senators expressed support for it. Stay tuned.

September 16, 2019 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (0)

Monday, September 9, 2019

Politico rides with the high times with new cannabis newsletter

Main_1547760102-Cheech-Marin-Tommy-Chong-Signed-High-Times-Magazine-Cover-16x20-Photo-Beckett-COA-PristineAuction.comOld folks like me remember when one had to track down a hard copy of an issue of High Times in order to read about marijuana and policy reform.  But times sure have changed, and the latest media marker of modern high times may be the new newsletter that was rolled out today by Politico,  a highly respected inside-the-beltway media outlet covering politics and policy.  This newsletter is described this way:

This newsletter launches at a historic moment for marijuana and cannabis policy.  Marijuana is legal on some level in 33 states but illegal at the federal level, creating a bewildering and complex web of legal, regulatory and business questions that even the most expert policy makers and lawyers struggle to answer.

This newsletter offers a sneak preview of what we will do for our Pro subscribers starting next month.  Our mission for Pro readers is to cover these policy issues with passion and expertise, to deliver exclusive news and analysis, and to report on cannabis from a neutral, unbiased point of view.  We come to this issue with no pre-cooked narrative about what should happen on cannabis policy.  Our stories will focus on what POLITICO Pro does best: explaining policy issues and the politics behind them and delivering the news in an easy to digest format so that you can use our content to make business decisions.

And here are two new stories from the Politico team about happenings inside and outside the Beltway:

"Why the most pro-marijuana Congress ever won’t deal with weed":

This could be a big moment for marijuana and Congress. But Democrats are fighting Democrats over whether to focus on social justice issues or industry priorities like banking. Marijuana advocates are divided among themselves over whether to push for full legalization or settle for less far-reaching legislation.  And many Republicans — some of whom are seeing the benefits of cannabis legalization in their home states — are still decidedly against any legalization on the national level, even for medicinal uses.

At the same time that Congress is in gridlock, there is growing national support for cannabis, which is illegal at the federal level but at least partially legal in 33 states.  In addition, public opinion is shifting rapidly, with nearly two-thirds of Americans supporting legalization according to Gallup — double the level of support two decades ago.  That’s led to a steadily growing number of lawmakers on both sides of the aisle who represent states with legal cannabis markets, making them more sympathetic toward legislation aimed at helping the burgeoning industry — which brought in roughly $10 billion in sales last year.

These conflicts between state and federal law have created a rash of problems for cannabis companies, including lack of access to banking services, sky-high federal tax rates and bewildering questions about exactly what business practices are legal.

"How marijuana is poised for a North American takeover":

The United States is feeling some North American peer pressure to get in on the cannabis boom.  Producers in Canada, where marijuana is legal for medicinal and recreational uses, are already planning for a future where pot is a globally traded commodity, and some are setting themselves up to profit if it is legalized in the U.S.

In Mexico cannabis is legal for medicinal purposes, and the landscape could shift further: The country's new president, whose party controls a majority in the national legislature, sent a proposal to the Mexican Senate late last year to legalize recreational use.

September 9, 2019 in Federal Marijuana Laws, Policies and Practices, International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Friday, September 6, 2019

"Hemp legalization is slippery slope, and that’s OK"

The title of this post is the headline of this new Columbus Dispatch commentary authored by Benton Bodamer, who is a member of the law firm Dickinson Wright and teaches a Cannabiz course here at The Ohio State University Moritz College of Law.  Here are excerpts from the piece:

Regulators and law enforcement have a wildly impractical task in attempting to regulate companies, plants and products using a distinguishing factor (hemp vs. marijuana) that is both arbitrary and mutable.  There are no federal guidelines on how dry cannabis must be to test for THC, nor guidelines for the stage of cultivation or processing at which testing should occur.  As cannabis dries, the THC content increases and that process can continue after harvest and testing.  This means that temperature changes during transportation could turn “hemp” into “marijuana” unless we have a federally standardized testing and transportation procedure and methodology, which we do not.

CBD and THC can be extracted from both federally noncompliant marijuana and federally legal hemp.  If it is the exact same substance at the molecular level, should we really care?

In the face of federal illegality, draconian tax burdens, Wild West banking and competition from black market illegal operations, the state-compliant cannabis industry in America has managed to build a base of sophisticated investors, informed customers, medical professionals and even Republican supporters (gasp!), cultivating a promising industry that has generated millions of tax dollars and thousands of jobs. This industry persists in 33 states (and growing) because the vast majority of the country knows that the federal law is wrong and largely unenforced....

When laws are irrational we lose faith in civil institutions.  The cannabis industry is filled with “efficient illegality,” meaning noncompliance meets with little risk of federal enforcement against state-compliant businesses. F ederal prosecutorial dollars for action against state-compliant cannabis businesses are throttled through federal legislative restraints and 33 states have now decided that they would rather generate tax dollars from cannabis than spend tax revenue persecuting its nonthreatening uses.  Continuing the charade of federal illegality is doing far more harm to public perception in the value of laws and law enforcement than full-scale legalization with sensible federal, state, and local regulation would do.

There’s a simple answer to the confusion over “hemp” and “marijuana,” and it’s one that happens to reflect popular opinion.  It’s time to fully legalize the cannabis plant and the cannabinoids extracted from it and build a data-driven industry from the existing state-sanctioned marketplaces.  The sooner we stop pretending that century-old uninformed hysteria constitutes a sound public health policy, the sooner we can heal and grow (cannabis) together.

September 6, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Thursday, August 29, 2019

US Surgeon General issues new health advisory on "Marijuana Use and the Developing Brain"

Screen+Shot+2018-09-14+at+4.43.10+PMThis morning, the federal government weighed in on the health risks of marijuana reforms through this new extended US Surgeon General advisory headed "Marijuana Use and the Developing Brain."  Here is how it gets started and some key passages (with lots of cites to research removed):

I, Surgeon General VADM Jerome Adams, am emphasizing the importance of protecting our Nation from the health risks of marijuana use in adolescence and during pregnancy. Recent increases in access to marijuana and in its potency, along with misperceptions of safety of marijuana endanger our most precious resource, our nation’s youth.

Background

Marijuana, or cannabis, is the most commonly used illicit drug in the United States.  It acts by binding to cannabinoid receptors in the brain to produce a variety of effects, including euphoria, intoxication, and memory and motor impairments.  These same cannabinoid receptors are also critical for brain development.  They are part of the endocannabinoid system, which impacts the formation of brain circuits important for decision making, mood and responding to stress....

The risks of physical dependence, addiction, and other negative consequences increase with exposure to high concentrations of THC7 and the younger the age of initiation. Higher doses of THC are more likely to produce anxiety, agitation, paranoia, and psychosis.  Edible marijuana takes time to absorb and to produce its effects, increasing the risk of unintentional overdose, as well as accidental ingestion by children and adolescents.  In addition, chronic users of marijuana with a high THC content are at risk for developing a condition known as cannabinoid hyperemesis syndrome, which is marked by severe cycles of nausea and vomiting.

This advisory is intended to raise awareness of the known and potential harms to developing brains, posed by the increasing availability of highly potent marijuana in multiple, concentrated forms.  These harms are costly to individuals and to our society, impacting mental health and educational achievement and raising the risks of addiction and misuse of other substances.  Additionally, marijuana use remains illegal for youth under state law in all states; normalization of its use raises the potential for criminal consequences in this population.  In addition to the health risks posed by marijuana use, sale or possession of marijuana remains illegal under federal law notwithstanding some state laws to the contrary.

Marijuana Use during Pregnancy

Pregnant women use marijuana more than any other illicit drug.  In a national survey, marijuana use in the past month among pregnant women doubled (3.4% to 7%) between 2002 and 201712. In a study conducted in a large health system, marijuana use rose by 69% (4.2% to 7.1%) between 2009 and 2016 among pregnant women.  Alarmingly, many retail dispensaries recommend marijuana to pregnant women for morning sickness.

Marijuana use during pregnancy can affect the developing fetus. THC can enter the fetal brain from the mother’s bloodstream and may disrupt the endocannabinoid system, which is important for a healthy pregnancy and fetal brain development. Moreover, studies have shown that marijuana use in pregnancy is associated with adverse outcomes, including lower birth weight.  The Colorado Pregnancy Risk Assessment Monitoring System reported that maternal marijuana use was associated with a 50% increased risk of low birth weight regardless of maternal age, race, ethnicity, education, and tobacco use....

Marijuana Use during Adolescence

Marijuana is also commonly used by adolescents, second only to alcohol.  In 2017, approximately 9.2 million youth aged 12 to 25 reported marijuana use in the past month and 29% more young adults aged 18-25 started using marijuana.  In addition, high school students’ perception of the harm from regular marijuana use has been steadily declining over the last decade.  During this same period, a number of states have legalized adult use of marijuana for medicinal or recreational purposes, while it remains legal under federal law.  The legalization movement may be impacting youth perception of harm from marijuana.

The human brain continues to develop from before birth into the mid-20s and is vulnerable to the effects of addictive substances.  Frequent marijuana use during adolescence is associated with changes in the areas of the brain involved in attention, memory, decision-making, and motivation.  Deficits in attention and memory have been detected in marijuana-using teens even after a month of abstinence.  Marijuana can also impair learning in adolescents.  Chronic use is linked to declines in IQ, school performance that jeopardizes professional and social achievements, and life satisfaction.  Regular use of marijuana in adolescence is linked to increased rates of school absence and drop-out, as well as suicide attempts. 

August 29, 2019 in Federal Marijuana Laws, Policies and Practices, Medical community perspectives, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Monday, August 26, 2019

"Cannabidiol (CBD) in the Therapeutics Industry"

The title of this post is the title of this new paper recently posted to SSRN authored by Sara Goots Blair, a recent graduate of The Ohio State University Moritz College of Law.  This paper is the tenth in an on-going series of student papers supported by Drug Enforcement and Policy Center.  (The nine prior papers in this series are linked below.)  Here is this latest paper's abstract:

Use of Cannabidiol (CBD) in the therapeutics industry has become increasingly popular in the last few years.  CBD rode into public consciousness on the coattails of three booming consumer trends: the herbal supplement industry, the anxiety economy, and the growing legitimate cannabis industry.  However, many uncertainties remain about the legality, safety, and quality of CBD.  The passage of the 2018 Farm Bill legalized hemp production throughout the US, thereby removing hemp-derived CBD from Center for Disease Control and Prevention (CDC)-regulation.  However, the U.S. Food and Drug Administration (FDA) still stakes a claim on regulating dietary supplements and food additives containing CBD.  The sudden legality of CBD, coupled with uncertainty as to its safety, quality, and effectiveness, means it is imperative for states to support research and impose sufficient regulatory oversight over CBD-infused products.

Prior student papers in this series:

August 26, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

"DEA Announces Steps Necessary to Improve Access to Marijuana Research"

US._Dept_of_Justice_DEAThe title of this post is the title of this notable new Department of Justice press release.  Here is its full text:

The Drug Enforcement Administration today announced that it is moving forward to facilitate and expand scientific and medical research for marijuana in the United States. The DEA is providing notice of pending applications from entities applying to be registered to manufacture marijuana for researchers. DEA anticipates that registering additional qualified marijuana growers will increase the variety of marijuana available for these purposes.

Over the last two years, the total number of individuals registered by DEA to conduct research with marijuana, marijuana extracts, derivatives and delta-9-tetrahydrocannabinol (THC) has increased by more than 40 percent from 384 in January 2017 to 542 in January 2019. Similarly, in the last two years, DEA has more than doubled the production quota for marijuana each year based on increased usage projections for federally approved research projects.

“I am pleased that DEA is moving forward with its review of applications for those who seek to grow marijuana legally to support research,” said Attorney General William P. Barr. “The Department of Justice will continue to work with our colleagues at the Department of Health and Human Services and across the Administration to improve research opportunities wherever we can.”

“DEA is making progress in the program to register additional marijuana growers for federally authorized research, and will work with other relevant federal agencies to expedite the necessary next steps,” said DEA Acting Administrator Uttam Dhillon. “We support additional research into marijuana and its components, and we believe registering more growers will result in researchers having access to a wider variety for study.”

This notice also announces that, as the result of a recent amendment to federal law, certain forms of cannabis no longer require DEA registration to grow or manufacture. The Agriculture Improvement Act of 2018, which was signed into law on Dec. 20, 2018, changed the definition of marijuana to exclude “hemp”—plant material that contains 0.3 percent or less delta-9 THC on a dry weight basis. Accordingly, hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold, is not a controlled substance, and a DEA registration is not required to grow or research it.

Before making decisions on these pending applications, DEA intends to propose new regulations that will govern the marijuana growers program for scientific and medical research. The new rules will help ensure DEA can evaluate the applications under the applicable legal standard and conform the program to relevant laws. To ensure transparency and public participation, this process will provide applicants and the general public with an opportunity to comment on the regulations that should govern the program of growing marijuana for scientific and medical research.

August 26, 2019 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)

Thursday, August 15, 2019

"Land of the Free, Home of the (Disgruntled) Brave: The Case for Allowing Veterans Access to Medical Marijuana"

The title of this post is the title of this new paper recently posted to SSRN authored by David Haba, a recent graduate of The Ohio State University Moritz College of Law.  This paper is the ninth in an on-going series of student papers supported by Drug Enforcement and Policy Center.  (The eight prior papers in this series are linked below.)  Here is this latest paper's abstract:

Approximately 30 percent of post-9/11 veterans have been diagnosed with Post-traumatic Stress Disorder (PTSD).  Over half of U.S. veterans struggle with chronic pain, and approximately 22 veterans commit suicide every day in America.  For veterans currently seeking medical treatment through Veteran Affairs (VA), 50 percent of PTSD patients cannot tolerate or do not adequately respond to existing treatments of opioids, anti-anxiety, and anti-depressant medications.  While an overwhelming majority of veterans, about 83%, support the use medical marijuana, they remain unable to obtain their preferred course of treatment (or financial assistance for it) through the VA because the federal government prohibits VA health care providers from recommending MMJ.

This paper argues that veterans, especially those with PTSD, should be able to obtain a recommendation, and financial assistance, for medical marijuana from the VA. This is especially true in states with legal medical marijuana programs.  Veterans have recently been calling on lawmakers to help them in their time of need as they battle hosts of ailments such as PTSD, chronic pain, and opioid addiction.   The government's current policy, which has allowed thirty-three states to enact legal medical marijuana programs, yet does not allow veterans to obtain a MMJ recommendation from the VA, nor obtain financial assistance for this medication, is unacceptable.  This paper calls on researchers to continue to enhance our understanding of MMJ's effects on PTSD, and for lawmakers to step up and do the right thing — to give the veterans the medicinal treatment that they want, need, and deserve for laying it all out on the line for our freedoms.

Prior student papers in this series:

August 15, 2019 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, July 30, 2019

Is hemp really now going to become the number three crop in Ohio and can marijuana stay illegal if it does?

83b51efd-e309-441e-9f11-e3ada1158628-CBD_SeltzerI do not blog all that much about hemp reforms, even though I find them quite interesting and important, largely because I do not know that much about agriculture or about all the different ways the hemp plant might be used.  But this local article concerning Ohio hemp developments prompted both the question in the title of this post and some broader thoughts about the relationship between help developments and marijuana reform.  First, some excerpts from the article:

Gov. Mike DeWine signed Ohio's hemp legalization bill, Senate Bill 57, into law on Tuesday at the Ohio State Fair. The law takes effect immediately, freeing all embargoes on CBD inventory and moving hemp-derived cannabidiol off Ohio’s controlled substances list. It also means Ohio State University and other colleges can grow the state's first hemp this summer....

The law immediately allows hemp-derived CBD to flow into the state, but it will be a while before hemp can be commercially grown or processed in the Buckeye State. The U.S. Department of Agriculture plans to issue federal rules for hemp cultivation and processing in the coming weeks. In addition to CBD from hemp flowers, the plant is also harvested for its fiber and seed.

Ohio agriculture officials have six months to draft Ohio’s rules and regulations, which will then be submitted to the feds for approval. The goal: Have everything in place so farmers can get seeds in the ground next spring.... Ohio Department of Agriculture Director Dorothy Pelanda said the agency does not plan to limit the number of licenses issued to cultivate or process hemp.

Pelanda said the agency plans to craft regulations to ensure farmers plant seeds that are certified to be low in THC – hemp is defined as cannabis containing less than 0.3% THC. “We want to make sure that Ohio has the very best hemp program in the nation,” Pelanda told The Enquirer.

Ohio is the 46th state to allow hemp farming. A big part of Ohio’s program will be research, which will begin right away. Ohio State University plans to buy about 2,000 hemp plants in the next week. Gary Pierzynski, associate dean for research and graduate programs at OSU's College of Food, Agricultural and Environmental Sciences, said it’s too late to plant with the goal of harvesting. But Pierzynski hopes this first crop at four locations will position them for good research on growing methods, plant diseases, pests and more next year.

Industry analysts predict the U.S. hemp market will grow from about $4.6 billion to more than $26 billion by 2023. The Ohio Farm Bureau Federation has said hemp has the potential to be Ohio's No. 3 crop behind corn and soybeans.

The bill leaves the details of Ohio’s hemp program – like who can grow it and how much licenses will cost – to the Ohio Department of Agriculture. Those rules will be shaped by experts, lobbyists and public comment periods. Hours after Senate Bill 57 passed, a new hemp industry lobbying group was announced. Backing the group: Ian James and Jimmy Gould, who led the unsuccessful 2015 effort to legalize recreational marijuana in Ohio. Since Issue 3 failed, James and Gould have invested in hemp, in addition to obtaining licenses for medical marijuana businesses here.

Statehouse lobbyist Neil Clark, who has been tapped to lead the organization, said the association will serve businesses who are involved at several levels of the industry and who have “big ideas.” “Our goal is to make sure those restrictions aren’t prohibitive,” Clark said. “There’s a lot of farmland in Ohio and there has to be opportunities for everyone.”

The group joins others that pushed the bill along including the U.S. Hemp Roundtable, which largely represents CBD businesses, and the Ohio Hemp Association, comprised of Ohio businesses and entrepreneurs that want to grow hemp or manufacture hemp products.

Queen City Hemp has been gearing up to put its CBD Seltzer water back on the shelves at local retailers, including Hemptations and Clifton Natural Foods.  A large part of the Cincinnati-based manufacturer’s inventory of CBD-infused seltzer water was confiscated from those retailers and destroyed by the local health department during their crackdown in February, according to president and co-founder Robert Ryan.

A number of national chain stores are already selling CBD products across the country.  Kroger, the nation's largest grocery retailer, announced in June it would sell hemp-derived CBD creams, balms and other topical products in nearly 1,000 stores in 17 states – but not its home state of Ohio.  That will change with the new law, but a Kroger spokeswoman said it was too early to provide details.

As this article highlights for Ohio, many folks here and throughout the nation with an affinity for marijuana reform are involved with hemp reform and the hemp industry.  If (when?) this crop becomes a huge part of agriculture in Ohio and elsewhere, I suspect these these folks are likely to use their clout and their money to push for reforms regarding other types of cannabis plants.  Similarly, if folks in Ohio and throughout the nation get used to seeing CBD sodas on many store shelves and CBD creams when shopping for soap, it seems ever more likely that they will start to view many forms of cannabis more benignly. 

July 30, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States | Permalink | Comments (0)

Tuesday, July 23, 2019

Senate hearing on marijuana industry banking issues reveals continued challenges for federal reforms

Many folks seemed quite excited by the Senate Banking Committee's decision to hold this hearing today, titled “Challenges for Cannabis and Banking: Outside Perspectives,” to discuss the SAFE Banking Act and related issues concerning the banking problems that face the marijuana industry. But just the headlines of two press reports on the hearing suggest my persistent pessimism about the short-term prospects for federal marijuana reforms remains justified:

From The Hill: "Pot banking bill supporters seek path to passage in skeptical Senate"

From CNBC: "Senate cannabis hearing shows challenges to rewriting pot laws despite growing support in Congress"

Both articles provide a helpful review of the hearing, and here is how the CNBC piece gets started:

A much-hyped congressional hearing on easing cannabis banking restrictions served as a reminder Tuesday that reforming pot laws remains an uphill battle in Congress despite growing bipartisan support among lawmakers.

The Senate Committee on Banking, Housing and Urban Affairs hosted a hearing titled “Challenges for Cannabis and Banking: Outside Perspectives.” Lawmakers, industry executives and advocates testified on the challenges cannabis companies face trying to get basic banking services in states where medical or recreational marijuana is legal. They urged lawmakers to change federal laws to give the budding industry access to traditional financial services.

One piece of legislation, the Secure and Fair Enforcement (SAFE) Banking Act, would allow banks, credit unions and other financial institutions to work with the cannabis industry. Some think it could pass because it’s narrowly focused on banking and not other sticky issues like decriminalizing or legalizing pot.

But Tuesday’s hearing showed just how hard getting the bill through the Senate would be. Aside from committee chairman Mike Crapo, R-Idaho, none of the Republican committee members attended the hearing.

July 23, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (0)

New Marijuana Opportunity Reinvestment and Expungement Act envisions creating a Cannabis Justice Office

Download (5)I was pleased to hear reports about, and then see an email describing, a notable new federal marijuana reform bill being proposed by notable federal officials.   The email from the House Judiciary Democratic Press was titled "Nadler & Harris Introduce Comprehensive Marijuana Reform Legislation."  Here are excerpts:

Today, U.S. Representative Jerrold Nadler (D-NY-10), Chairman of the House Judiciary Committee, and U.S. Senator Kamala D. Harris (D-CA)  introduced the Marijuana Opportunity Reinvestment and Expungement Act, one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.

“Despite the legalization of marijuana in states across the country, those with criminal convictions for marijuana still face second class citizenship. Their vote, access to education, employment, and housing are all negatively impacted,” said Chairman Nadler. “Racially motivated enforcement of marijuana laws has disproportionally impacted communities of color. It’s past time to right this wrong nationwide and work to view marijuana use as an issue of personal choice and public health, not criminal behavior. I’m proud to sponsor the Marijuana Opportunity Reinvestment and Expungement Act to decriminalize marijuana at the federal level, remove the needless burden of marijuana convictions on so many Americans, and invest in communities that have been disproportionately harmed by the war on drugs. I want to acknowledge the partnership in developing this legislation with my colleagues, Rep. Barbara Lee and Rep. Earl Blumenauer, Co-Chairs of the Congressional Cannabis Caucus, as well as the contributions of Rep. Hakeem Jeffries and Rep. Nydia Velazquez.”

“Times have changed — marijuana should not be a crime,” said Sen. Harris. “We need to start regulating marijuana, and expunge marijuana convictions from the records of millions of Americans so they can get on with their lives. As marijuana becomes legal across the country, we must make sure everyone — especially communities of color that have been disproportionately impacted by the War on Drugs — has a real opportunity to participate in this growing industry. I am thrilled to work with Chairman Nadler on this timely and important step toward racial and economic justice.”

The Marijuana Opportunity Reinvestment and Expungement Act aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions.  This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life.  Immigrants will also benefit from the Marijuana Opportunity Reinvestment and Expungement Act, as they will no longer be subject to deportation or citizenship denial based on even a minor marijuana offense. The Marijuana Opportunity Reinvestment and Expungement Act also ensures that all benefits in the law are available to juvenile offenders.

The Marijuana Opportunity Reinvestment and Expungement Act:

  • Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
  • Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
  • Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
    • The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, youth recreation, mentoring, and substance use treatment.  
    • The Cannabis Opportunity Grant Program: Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals.
    • The Equitable Licensing Grant Program: Provides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
  • Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
  • Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
    • Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
    • Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
  • Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry.

Along with Nadler and Harris, co-sponsors of the Marijuana Opportunity Reinvestment and Expungement Act include U.S. Senators Cory Booker (D-NJ), Jeff Merkley (D-OR), and Ron Wyden (D-OR); in the U.S. House of Representatives, cosponsors Barbara Lee (D-CA) and Earl Blumenauer (D-OR), Co-Chairs of the Congressional Cannabis Caucus, and Hakeem S. Jeffries (D-NY) and Nydia M. Velazquez (D-NY), were particularly instrumental in developing this bill.  Other House cosponsors include Matt Gaetz (R-FL), David Cicilline (D-RI), Steve Cohen (D-TN), J. Luis Correa (D-CA), Madeleine Dean (D-PA), Theodore E. Deutch (D-FL), Veronica Escobar (D-TX), Sheila Jackson Lee (D-TX), Pramila Jayapal (D-WA), Henry C. “Hank” Johnson, Jr. (D-GA), Ted Lieu (D-CA), Zoe Lofgren (D-CA), Jamie Raskin (D-MA), Eric Swalwell (D-CA), Dwight Evans (D-PA), Tulsi Gabbard (D-HI), Debra A. Haaland (D-NM), Ro Khanna (D-CA), James P. McGovern (D-MA), Eleanor Holmes Norton (D-DC), Ayanna Pressley (D-MA), Maxine Waters (D-CA), and Bonnie Watson Coleman (D-NJ). 

The Marijuana Opportunity Reinvestment and Expungement Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Drug Policy Alliance, Center for American Progress, 4thMVMT, ACLU, California Minority Alliance, Center for Law and Social Policy (CLASP), Human Rights Watch, Immigrant Legal Resource Center, Law Enforcement Action Partnership, Leadership Conference on Civil and Human Rights, National Council for Incarcerated and Formerly Incarcerated Women and Girls, National Organization for the Reform of Marijuana Laws (NORML), Sentencing Project, Students for Sensible Drug Policy, UndocuBlack Network, Washington Office on Latin America (WOLA).

The full text of the Marijuana Opportunity Reinvestment and Expungement Act is available at this link, and I especially what to note that Section 5 of the bill includes a provision for establishing within the federal Office of Justice Programs a new office call the "Cannabis Justice Office."  In my 2018 article, "Leveraging Marijuana Reform to Enhance Expungement Practices," I make the case for using marijuana revenues to help build an institutional infrastructure for helping to remediate the various harms from the war on drugs.  Though this proposed Cannabis Justice Office is not exactly what I had in mind, I am really excited to see any major reform bill focus on creating a justice infrastructure for continued emphasis on justice and equity issues.

July 23, 2019 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)