The U.S. could legalize marijuana at the federal level as soon as 2021 if Joe Biden is able to win the presidential election and Democrats take control of the Senate. It’s a dramatic change in expectations from three months ago when it appeared Donald Trump would most likely win re-election, and CIBC analysts had put the odds of meaningful reform at “near-zero” for 2020 and “unlikely” for 2021. “A fact that has become incredibly obvious from a chaotic 2020 is how quickly things can change,” analysts led by John Zamparo wrote in a note. “We stand by our statement for 2020, but for 2021, well, when the facts change, we change our minds.” With the economic fallout from the coronavirus and social unrest following the murder of George Floyd by police, Biden’s chances of winning the election in a possible Democratic sweep has appeared increasingly likely. The former vice president is less supportive of full-scale legalization than his party. But if the Democrats were to win both the White House and Senate, it could open the door to decriminalization and leave the question of legalization up to states. Legislation could prove popular under the current climate of economic and social unrest. Regulation that includes provisions for criminal justice reform could gain additional support amid calls for greater anti-racism initiatives. States looking to close budget gaps from the coronavirus are also more likely to consider the tax benefits of creating a newly legalized industry. During a recent Cowen industry panel, there was broad agreement that social justice measures need to be a part of any legislation package, analysts led by Vivien Azer wrote in a note. “This likely includes provisions ensuring that minorities get to participate in the legal cannabis business as their communities were hit hardest by the war on drugs,” the analysts said. Legislation could also include expunging criminal cannabis convictions or grants to communities hurt by previous U.S. drug policy. “Biden will be under pressure from the left wing of the Democratic party to move cannabis forward because of the social justice issues,” Curaleaf Holdings Inc. Chairman Boris Jordan recently told Bloomberg News. There had been some disappointment after a Biden Unity task force didn’t embrace the same cannabis policy proposals from Bernie Sanders’s campaign. Most importantly, it left out full deschedulization, opting instead to make marijuana a schedule 2 drug rather than a schedule 1.
Learn more
The Portland City Clerk has announced that enough valid signatures have been submitted to place a citizen's initiative on the November ballot that would remove the cap on marijuana businesses in Portland, Maine. On July 17th, local advocates turned in over 2,400 signatures to put the petition on the ballot. At the August 3rd city council meeting, there will be a first reading of the order, and the council is expected to set a public hearing for August 31, 2020, according to David Boyer, local resident and advocate, and former campaign manager for Eric Brakey. Boyer said in a statement, "The state has proved that it will not defend Maine from outside, big corporations entering our cannabis industry. A fair and open market will allow for Maine's small businesses to compete and Portland voters were more than happy to sign our petition to keep Maine's cannabis industry local. At a time of such economic uncertainty, it does not make sense to cap legal jobs and legal businesses. We are confident that Portland voters will endorse cannabis regulations rooted in fairness and inclusivity this November."
Learn more
Federal food and drug officials submitted a CBD enforcement policy document for approval on Wednesday, Hemp Industry Daily has learned, meaning that long-awaited industry guidance on CBD is nearing.
Learn more
A police reform bill that seeks to redirect state cannabis revenue to police training has stirred up an ongoing debate about the use of the industry’s taxes and fees, which advocates have long said should go toward programs to support racial equity. On Monday, House lawmakers unveiled their version of a police reform bill, a wide encompassing law that would ban facial recognition software, curb police protections from civil lawsuits and limit use of force methods.
Learn more
July 23, 2020
Congress Could Vote On Marijuana Amendment Protecting All State Legalization Laws Soon
The House of Representatives could vote within the next week or so on amendment to protect all state marijuana legalization laws from federal interference. Lawmakers filed the measure on Wednesday for possible attachment to a wide-ranging bill to fund several federal departments for Fiscal year 2021. Meanwhile, another representative is pushing two separate amendments that would strip federal money from states that have legalized cannabis.
Learn more
AT A RECENT VIRTUAL RALLY highlighting the need for more opportunities for black, Latino and other minority groups in the cannabis industry, two of the speakers were members of the commission responsible for regulating marijuana in Massachusetts. Steven Hoffman, the chairman of the Cannabis Control Commission, urged attendees to call US Sens. Ed Markey and Elizabeth Warren to urge them to support federal legislation allowing banks to provide financial services to the industry. He also told them to call their state legislators to lobby for a bill creating a low-interest loan fund for marijuana start-ups. Hoffman, a former management consultant and the CEO of a tech start-up, said the push for social equity demands action. “Words are cheap, results are what matters,” he said. Shaleen Title, a member of the commission, also said it was time for action. “The solutions that have been rooted in the communities that we’re trying to benefit have been pushed forward by legislators and committees, and now it is time for us to make sure that they’re a priority and that we show that we care,” she said. The comments by Hoffman and Title illustrate how some members of the Cannabis Control Commission are taking on roles that blur the distinction between advocate and regulator. The activism goes beyond routine advocacy for the agency’s budget. Members of the commission – Title in particular – have been outspoken in urging changes to state and federal law. “It is unusual for a regulatory body to act in an advocacy role on behalf of the regulated industry with either state or federal legislators,” said Paul Levy, a former chairman of the Department of Public Utilities. “You don’t see the insurance commission doing that, you don’t see public utility commissions doing that.” Hoffman said the Cannabis Control Commission is different because it’s trying to stand up a brand new industry whose product is illegal under federal law. In an interview, Hoffman said he does not see himself as an advocate. “This is not about advocating, this is about getting the help we need as a commission to do our job and meet the legislative mandate that was set for us,” Hoffman said. Hoffman said one reason he spoke at the social equity rally is because the state law legalizing marijuana requires that the commission create opportunities for people disproportionately affected by enforcement of prior drug laws – and a change in law would help the commission do that. “To do my job, I need help,” Hoffman said. “We need help from the Legislature on several specific things, primarily a loan fund that would help people get capital. We need help from the federal government with respect to the SAFE Banking Act.” (The congressional bill would let banks offer financial services to state-legalized marijuana companies.) Title is the most outspoken commissioner, frequently speaking at events or rallies organized by marijuana advocates and industry groups. Each seat on the commission is reserved for someone with particular expertise, and Title holds the seat designated for someone with expertise in “legal, policy, or social justice issues” in a regulated industry. She is an attorney specializing in marijuana law who supported marijuana legalization and founded a cannabis recruiting firm focused on equity and inclusion. Title said activism is part of the job. “I wish that upholding equity and repairing systemic inequities was something that happens easily and takes little effort. It isn’t,” Title wrote in an email. “Part of my job is to be persistent and to continually engage and lift up the perspectives of the people who were meant to be benefited by this law – perspectives that aren’t usually at the table because they have been systematically excluded…Along with lifting up the voices of the people who are affected, speaking up about my conclusions based on that expertise and my many years of engagement is important as well.” But Title is not alone.
Learn more
A new amendment to the National Defense Authorization Act could allow members of the Armed Forces to use CBD and other derivatives from Cannabis sativa hemp. On Monday, the House of Representatives voted 336 to 71 to approve a package of multiple amendments to the House version of the NDAA, including a measure sponsored by Representative Tulsi Gabbard of Hawaii, which would allow military members to consume hemp products. "The Secretary of Defense may not prohibit, on the basis of a product containing hemp or any ingredient derived from hemp, the possession, use, or consumption of such product by a member of the Armed Forces," the amendment reads. The amendment comes in response to Department of Defense policy banning the use of hemp products by active duty and reserve members of the military. Citing "a serious risk to the viability of the military drug testing program," the February memo signed by Under Secretary of Defense for Personnel and Readiness Matthew P. Donovan directs all military departments to issue punitive general orders prohibiting the use of CBD and other products derived from hemp, regardless of their legality under the Agricultural Improvement Act of 2018.
Learn more
July 22, 2020
Congress Should Pass Marijuana Legalization Bill Amid Coronavirus, Coalition Of Justice Groups Urges
A coalition of civil rights and drug policy reform groups—including the ACLU, Human Rights Watch, Drug Policy Alliance and NORML—is circulating a letter to members of Congress, imploring them to sign onto a comprehensive marijuana legalization bill that places an emphasis on restorative justice.
Learn more
Opponents of an initiative that would legalize the recreational use of marijuana in Arizona have filed a lawsuit to keep the issue off the ballot in November. The lawsuit, by Arizonans for Health and Public Safety, argues that the initiative’s backers did not accurately describe the measure in a 100-word summary included on petitions that voters signed for it to qualify for the general election.
Learn more
The New York Senate has passed a bill to prevent tenants from being evicted solely because of their legal use of medical marijuana. The legislation, sponsored by Sen. Anna Kaplan (D), cleared the chamber in a 58-2 vote on Tuesday. It states that a “tenant shall not be removed from possession of a residential unit pursuant to this article because of such person’s certified medical use of medical marihuana.”
Learn more
