Grow Life 420

Representatives Dave Joyce (R-OH) and Alexandria Ocasio-Cortez (D-NY) introduced legislation to incentivize state and local governments to expunge the criminal records of tens of millions of Americans who have previously been convicted of marijuana offenses. 

“This bipartisan effort represents the growing consensus to reform marijuana policies in a manner that addresses the harms inflicted by prohibition,” said NORML Political Director Justin Strekal. “It provides cash assistance for state and localities that are wisely choosing to remove these stigmatizing records. There is no justification for continuing to prevent tens of millions of Americans from fully participating in their community and workforce simply because they bear the burden of a past marijuana conviction.”

The new bill, entitled The Harnessing Opportunities by Pursuing Expungement (HOPE) Act, will appropriate $20 million to the US Attorney General for the purposes of financially assisting states and local governments with the process of reviewing and expunging cannabis convictions. 

“Having been both a public defender and a prosecutor, I have seen first-hand how cannabis law violations can foreclose a lifetime of opportunities ranging from employment to education to housing,” said Rep. Dave Joyce. “The collateral damage caused by these missed opportunities is woefully underestimated and has impacted entire families, communities, and regional economies. By helping states establish and improve expungement programs for minor cannabis offenses, the HOPE Act will pave the way for expanded economic opportunities to thrive alongside effective investments to redress the consequences of the War on Drugs.”

“As we continue to advocate for the decriminalization and legalization of marijuana, this bipartisan bill will provide localities the resources they need to expunge drug charges that continue to hold back Americans, disproportionately people of color, from employment, housing and other opportunities,” said Rep. Alexandria Ocasio-Cortez.

Legislatures in over a dozen states have enacted laws explicitly facilitating the expungement of low-level cannabis convictions. State officials have vacated an estimated 2.2 million marijuana-related convictions under these laws over the past two years.

According to the FBI’s Uniform Crime Report, over 350,000 Americans were arrested by state and local law enforcement for marijuana crimes in 2020. Ninety-one percent of those arrested were charged with simple possession. Since 2010, state and local police have arrested an estimated 7.3 million Americans for violating marijuana laws.

“Ultimately, efforts to provide necessary relief to those who carry the scarlet letter of a marijuana conviction must be carried out primarily by state and local officials,” concluded Strekal. “Having this federal incentive available will go a long way toward empowering local leaders and citizens to take these steps to address the past injustices brought about by the failed policy of marijuana prohibition, and will also move us closer toward embracing more reasonable cannabis policies,” concluded Strekal.  

Supporters of the bill can contact their member of the House and encourage their support using the NORML Action Alert here. 

You can read the text of the bill here.

Related

Twenty-two percent of veterans consume cannabis to “to treat a mental or physical condition” according to the American Legion, yet these individuals who were willing to make the ultimate sacrifice for our nation are viewed as criminals by the same federal government whose uniform they wore. 

Despite medical marijuana programs being passed or enacted in a supermajority of states, federal policy currently prohibits VA-affiliated doctors from even recommending medical cannabis to veterans in those states where such use is legal — thus forcing military veterans to seek the advice of a private, out-of-network physician. 

So this Veterans Day, tell your lawmakers to support the Veterans Medical Marijuana Safe Harbor Act so that former service members are no longer treated as criminals. 

This bipartisan, bicameral legislation would expand and facilitate medical cannabis access to military veterans suffering from chronic pain, PTSD, and other serious medical conditions, as well as fund research into the health effects of cannabis for common service-related conditions. 

According to nationwide survey data compiled by the group Iraq and Afghanistan Veterans of America, 75 percent of military veterans “would be interested in using cannabis or cannabinoid products as a treatment option if it were available.”

For those veterans that do acknowledge using medical cannabis, they most often report using it to mitigate their post-traumatic stress, anxiety, and chronic pain. Some veterans also report using it as a substitute for alcohol or other illicit drugs. Many chronic pain patients who begin using medical cannabis greatly decrease or even eliminate their use of opioids and other prescription drugs. 

These brave men and women put on the uniform to defend this nation’s freedoms. It is the height of hypocrisy that they return as civilians only to be labeled criminals and be denied the health care options they need.

In this country, we know that freedom and security are not guaranteed. When it comes to our democracy, we cannot treat it as a spectator sport. So please, this Veterans Day, take a moment to participate in our democratic experiment and tell your federal lawmakers that the time to equip our veterans with the option of legal medical cannabis is now. 

Related

In the newly released annual spending packages by the Senate Appropriations Committee, cannabis policy is scantly mentioned yet by omission, it could advance a critical element of reform that has long been pushed for by NORML and other allies.

In the proposed FY22 Financial Services and General Government spending bill, which includes provisions relating to the District of Columbia’s budget, the House Appropriations Committee omitted an existing provision that prevents Washington, DC from implementing an adult-use cannabis consumer marketplace. 

The District legalized marijuana possession and home cultivation under a voter initiative in 2014, but Congress through the imposition of a budget rider has prevented the local government from using its resources to create a licensed and transparent commercial sales program.

Notably, when the Biden Administration released their proposal spending package earlier this year, the budget included this restriction. At the time, DC Representative and cannabis policy reform champion Eleanor Holmes Norton said, “I am having a hard time reconciling the administration’s strong support for D.C. statehood, which would give D.C. not only voting representation in Congress but also full local self-government, with a budget that prohibits D.C. from spending its local funds on recreational marijuana commercialization. With Democrats controlling the White House, House and Senate, we have the best opportunity in over a decade to enact a D.C. appropriations bill that does not contain any anti-home-rule riders.”

The omission of the DC rider acknowledges the local will of the residents of the District, who overwhelmingly favor retail marijuana sales. The only reason the District is unable to defy the federal government’s marijuana prohibition policies in the same way that other states have is that it lacks statehood and is under direct oversight from Congress.

In the previous two years, the House appropriations package has excluded the DC rider, only to have it included in the final package by the then-Republican controlled Senate Appropriations Committee under Chairman Shelby (R-AL).

Additionally included in the rollout of packages, the proposed Senate CJS annual appropriation bill maintains a continuation of the existing spending restriction on the Department of Justice to protect state-legal medical cannabis programs which have been in place since 2014.

Now both chambers must advance their full suite of appropriations packages and send them both to a conference committee for final negotiations. So far the House packages have additional reform provisions that are not reflected in the Senate proposals. They include the SAFE Banking amendment and revisions of federal employment drug testing policies to the existing blanket requirement for pre-employment and random drug screening. The House additionally was slated to vote on expanding the DOJ spending restriction to protect adult-use states as well but that vote has been postponed to a delay in the underlying CJS appropriations package being considered.

You can read NORML’s full memo on the appropriations process here.

You can used NORML’s action alert to tell your federal officials to not allow the Department of Justice to take action against any state legal cannabis program here.

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Today is a critical inflection point for our movement. 

For the second time in US history legislation to repeal the failed, unscientific, and racist policy of federal marijuana prohibition has passed the powerful House Judiciary Committee. The bill was approved 26-15, with 24 Democrats joined by two Republicans voting yes and 15 Republicans voting no.

The last time the Judiciary Committee advanced the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act — in November of 2019 — it took another 13 months before lawmakers approved the bill on the floor of the US House of Representatives. 

But with an American being arrested for a marijuana law violation every 90 seconds, we cannot afford to wait. 

Send a message RIGHT NOW to your member of Congress that they support, cosponsor, and demand a full vote. 

The status quo has never been acceptable to us but never has public support from every corner of the political spectrum been so aligned as to demand that Congress take action on cannabis policy reform. 

In the last Congressional session, NORML supporters drove hundreds of thousands of messages to Congress in support of our reform efforts. And while we made history in the House, we came up short in the Senate under then-Republican Majority Leader Mitch McConnell. Today, things are different. With support for reform by Senate Majority Leader Chuck Schumer, along with allies Cory Booker and Ron Wyden, there is a real window in the US Senate to bring about tangible change. 

While Sens. Schumer, Booker, and Wyden continue to review public comments regarding The Cannabis Administration and Opportunity Act, we need the House to ramp up the pressure on their Senate colleagues to generate enough elected officials to the table to overcome the legislative filibuster. 

So right now, we must strike while momentum is on our side. Contact your member of Congress and tell them now is the time to do their job and represent you by supporting a repeal of marijuana prohibition. 

Related

Today, the bipartisan Marijuana Data Collection Act was introduced, led by Senators Bob Menendez (D-NJ) and Rand Paul (R-KY) and U.S. Reps. Sylvia Garcia (D-TX) and Don Young (R-AK).  

This legislation would require the Secretary of Health and Human Services, the Attorney General, the Secretary of Labor, and relevant state health agencies to enter a ten-year arrangement with the National Academy of Sciences to conduct, and update, a study on the effects of legalized state marijuana programs biennially. This study would evaluate the impacts and effects of state-legalized medicinal and non-medicinal marijuana programs on state economies, public health, criminal justice, and employment. 

Currently, numerous published peer-reviewed studies have assessed the impact of state-regulated marijuana legalization on these issues, but despite the publication of these reports, a lack of consensus and acceptance of this data continue, particularly amongst members of Congress and the Department of Justice.

You can contact your lawmakers in support of this legislation here. 

“The Marijuana Data Collection Act will ensure that federal discussions and policies specific to cannabis policy are based upon the best, most reliable, and recent evidence available moving forward,” said NORML Political Director Justin Strekal. “To be clear, this is not a marijuana reform bill, it is an data bill about what is happening around the country. No member of Congress can intellectually justify opposition to this legislation unless they are willing to deny the fact that the majority of American states are in defiance of the Schedule 1 criminalized status of cannabis.”

Currently, 36 states authorize the medical-use of cannabis and 17 states have legalized the substance for adults. 

Here is what some of the lawmakers had to say when introducing the bill: 

“As more and more states legalize and regulate marijuana, we must take a thorough examination at how different laws and policies in different states have been implemented, what works, what doesn’t, and what can be replicated elsewhere,” said Sen. Menendez.  “It’s important to understand how communities and people are ultimately impacted by marijuana legalization and its effect on local economies, public health, criminal justice, employment, and our nation’s battle with opioid and other drug addiction.  Having this data at our fingertips and making it available to the public will help drive public policy decisions and dispel any misconceptions about marijuana legalization.”

“Congress and the American people need reliable facts on the impact of states’ legal marijuana programs.  We need independent data on how these programs impact state budgets, the public health, and employment.  This is especially important amid the pandemic, that’s been filled for many with isolation, depression and financial stress that has led to an alarming rise in opioid deaths—especially among communities of color,” said Rep. Garcia.  “By entrusting the National Academy of Sciences to objectively study state marijuana programs, we will have unbiased information to make decisions based in reality, not historical prejudices or preconceived ideas.”

“As Co-Chair of the Congressional Cannabis Caucus and the Representative of a state that legalized adult-use marijuana, I know as well as anybody that federal cannabis policy is archaic and need of an urgent update,” said Rep. Young.  “One of the best tools available to policymakers is comprehensive and accurate data.  I am very proud to join Senators Menendez and Paul and Congresswoman Garcia in the introduction of the Marijuana Data Collection Act.  This is a very good bill, and it will help us learn from other states and municipalities that have legalized marijuana.  As the debate continues about broader federal cannabis policy, the data that this legislation can help collect will be vital toward crafting policies that promote public health and reform our outdated federal cannabis laws.”

You can contact your lawmakers in support of this legislation here. 

Last week, White House Press Secretary Jen Psaki reiterated the President’s position that cannabis should be rescheduled under federal law to Schedule II rather than descheduled from the Controlled Substances Act. 

What does this mean? As our Executive Director Erik Altieri said last week: Rescheduling of marijuana under the Controlled Substances Act would continue to make the federal government the primary dictator of cannabis policy and would do little if anything to address its criminal status under federal law. Under such a policy, the majority of states that have legalized cannabis for either medical or adult-use purposes would continue to remain in conflict with federal law.

Tonight, President Biden will be delivering his first major address to Congress and to the American people to discuss his vision and priorities for the rest of his first presidential term. Before he speaks, we want you to take a pointed action so our elected officials in attendance know where the people stand: Tell your federal lawmakers that his Department of Justice should not be able to use your tax dollars to shut down state-level legalization programs. 

Congress first took a similar step in 2014 to remedy the federal-state conflict between medical cannabis programs and federal criminalization by approving an appropriations amendment restricting the Department of Justice from using its resources (our tax dollars) to interfere with state-authorized programs. Since its initial approval, this rider has been included in each subsequent annual spending package.

This year, we want Congress to extend those protections to localities that have also legalized the adult use of marijuana. This new proposal is not radical. It simply would remove the word medical from the existing language to expand these protections to the adult-use states (over 40 percent of the US population). 

Thanks to a bipartisan group of House members, led by Representatives Earl Blumenauer (D), Tom McClintock (R), Eleanor Holmes Norton (D), and Barbara Lee (D), this amendment passed in the House of Representatives not just once, but twice last year! Unfortunately, under the previous leadership in the Senate under then-Leader Mitch McConnell (R) and Appropriations Chairman Richard Shelby (R), the bipartisan effort was stopped. This is a new year with new leadership in the Senate that is much more supportive of cannabis policy reform. That said, we cannot let this issue fall by the wayside. 

So send a message right now: tell your members of the House and the Senate to protect state-legalization from the Department of Justice. 

We’re going to end federal marijuana prohibition and criminalization; that’s not up for debate — no matter what President Biden or his administration says. But the next step on this journey is to defund the ability of the Department of Justice to enforce it. There is a bipartisan majority in the House who has already voted in favor of this. Let’s move forward by raising our voices together. 

Thanks for standing up,

Justin Strekal
NORML Political Director

This post is unlike any I have made before. For once, I’m not asking you to contact your lawmakers to take federal action. I’m not even asking you to contact your own state lawmakers.

This is about what you can do right now to advance marijuana policy reform efforts in New York and New Mexico, as lawmakers in both states are anticipated to move forward this week with adult-use legalization.

In New Mexico, the Governor has commenced a special legislative committee to place legislation on her desk in the coming days. In New York, leaders are expected to rapidly move forthcoming legislation to allow adults to possess, buy, and home-cultivate marijuana.

It doesn’t get any more important than this. In fact, the successful passage of legalization in New York alone would represent a massive shift at both the state and federal levels. Right now, six percent of US House members represent New York State, and seven percent of all Congressional House Committee and Subcommittee Chairs are from New York. Ending marijuana prohibition in the Empire State will turn a lot of those lawmakers into strong allies.

So here is our ask to you: Send our action alerts to your friends, family, old schoolmates, casual acquaintances, that person you met once, or ANYONE else you know who lives in one of those two states and urge them to contact their lawmakers right now!

New York:

Click here for the direct link

Tweet out out the NY alert

New Mexico

Click here for the direct link

Tweet out out the NM alert

If both of these states pass legislation this week, it could be the game-changer we need to move federal legislation repealing cannabis prohibition over the finish line.

I’d bet a dollar that you know more than one person in New York or New Mexico. And I’m sure they would appreciate the fact that you want them to live in a state that promotes cannabis justice. NORML has made it quick and easy to ensure that your friends, family, and even just those casual acquaintances can take action.

So, let’s help our friends in New York and New Mexico achieve legal cannabis in the coming days, and let’s help this nation move forward beyond prohibition.

Senators Jeff Merkley (D-OR) and Steve Daines (R-MT), along with 27 other members of the Upper Chamber, reintroduced The Secure and Fair Enforcement (SAFE) Banking Act in the U.S. Senate.

Federal law currently defines all marijuana-related endeavors as criminal enterprises, including those commercial activities that are licensed and legally regulated under state laws. Therefore, almost no state-licensed cannabis businesses can legally obtain a bank account, process credit cards, or take standard business deductions on their federal taxes. 

In this environment, the rapidly growing multi-billion dollar cannabis industry must operate largely on a cash-only basis, which makes businesses more susceptible to theft and more difficult to audit. This ongoing federal prohibition also places the safety and welfare of these businesses’ customers at risk, as they must carry significant amounts of cash on their persons in order to make legal purchases at retail facilities. 

For these reasons, NORML has long advocated that federal lawmakers vote “yes” on The SAFE Banking Act.

You can send a message to your lawmakers in support of the SAFE Banking Act quickly here.

Last Congress, members of the House of Representatives voted 321 to 103 in favor of the bill on September 25, 2019. On two additional occasions, House members re-approved the bill’s provisions as part of broader economic stimulus packages. However, under the control of then-Majority Leader Mitch McConnell, members of the Senate failed to take up the language.

Sens. Kyrsten Sinema (D-AZ), Ed Markey (D-MA), Alex Padilla (D-CA), Patrick Leahy (D-VT), Dick Durbin (D-IL), Ron Wyden (D-OR), Mazie Hirono (D-HI), Tina Smith (D-MN), Angus King (I-ME), Catherine Cortez Masto (D-NV), Michael Bennet (D-CO), Bob Menendez (D-NJ), Jon Tester (D-MT), Jacky Rosen (D-NV), Kevin Cramer (R-ND), Dan Sullivan (R-AK), Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), Chris Murphy (D-CT), Gary Peters (D-MI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Patty Murray (D-WA), Amy Klobuchar (D-MN), Rand Paul (R-KY), Bill Cassidy (R-LA) and Cynthia Lummis (R-WY).

Here are what the bill’s sponsors had to say:

“No one working in a store or behind a register should have to worry about experiencing a traumatic robbery at any moment,” said Merkley. “That means we can’t keep forcing legal cannabis businesses to operate entirely in cash—a nonsensical rule that is an open invitation to robbery and money laundering. Let’s make 2021 the year that we get this bill signed into law so we can ensure that all legal cannabis businesses have access to the financial services they need to help keep their employees safe.”

“Montana businesses shouldn’t have to operate in all cash—they should have a safe way to conduct business,” Daines said. “My bipartisan bill will provide needed certainty for legal Montana cannabis businesses and give them the ability to freely use banks, credit unions and other financial institutions without the fear of punishment. This in turn will help increase public safety, reduce crime, support Montana small businesses, create jobs and boost local economies. A win-win for all.”

In the recently published questions for the record (QFRs) to Judge Merrick Garland from members of the Senate Judiciary Committee, multiple inquiries asked and were answered pertaining to the federal prohibition and criminalization of cannabis.

Largely, Garland reiterated and expanded upon his previous remarks given in the hearing the previous week when he indicated that under his direction, the Justice Department is unlikely to get involved in states where cannabis is legal – a policy first outlined by the Obama administration, but later rescinded in 2018 by former AG Jeff Sessions.  

In the QFR’s, there was a string of cannabis questions from Senator Chuck Grassley:

a. Under your leadership, how will you navigate the Justice Department’s enforcement of federal law in states where marijuana has been legalized?
RESPONSE: As I suggested at my hearing, I do not think it the best use of the
Department’s limited resources to pursue prosecutions of those who are complying with the
laws in states that have legalized and are effectively regulating marijuana. I do think we
need to be sure, for example, that there are no end runs around the state laws by criminal
enterprises, and that access is prohibited to minors.

b. What do you see the role of the Justice Department to be in the changing landscape of marijuana legalization, decriminalization, and recreational use?
RESPONSE: The Department of Justice has not historically devoted resources to
prosecuting individuals for simple possession of marijuana. As I suggested at my hearing, I
do not think it the best use of the Department’s limited resources to pursue prosecutions of
those who are complying with the laws in states that have legalized and are effectively
regulating marijuana. I do think we need to be sure, for example, that there are no end
runs around the state laws by criminal enterprises, and that access is prohibited to minors.

c. Do you support efforts to decriminalize or legalize marijuana?
RESPONSE: As I said at my hearing, criminalizing the use of marijuana has contributed
to mass incarceration and racial disparities in our criminal justice system, and has made it
difficult for millions of Americans to find employment due to criminal records for nonviolent offenses.

Most notably was a question that reflected an inconsistency on President Joe Biden’s marijuana position (this is something NORML pointed out in July of 2020 when the “Unity Platform” was released):

e. While Biden is opposed to legalization of marijuana, he supports decriminalization of possession and expungements of marijuana offenses. Do you see any contradictions in President Biden’s vision of maintaining the drug’s federally illegal status while decriminalizing minor possession and expunging prior conviction records?
RESPONSE: As I testified at my hearing, it is important to focus our attention on violent
crimes and other crimes that greatly endanger our society, and prosecutions for simple
marijuana possession are not an effective use of limited resources. As I testified, we have seen disparate treatment in these prosecutions that has had a harmful impact on people
and communities of color, including stymied employment opportunities and social and
economic instability.

For all intents and purposes, Judge Garland’s responses indicate that he has no intention of curbing the progress being made in the regulation and consumer access of cannabis and for that, we can breathe a momentary sigh of relief.

There is much work left to do, but for the first time in over 4 years, supporters of ending federal marijuana criminalization no longer have an active opponent leading the Department of Justice.

As always, contact your lawmakers and tell them to support pending reform efforts using our Action Center: https://norml.org/act

House leadership had previously announced that they expect to hold a vote next week in the US House of Representatives on the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act. This would mark the first floor vote in US history to end federal marijuana criminalization. The MORE Act is the most comprehensive federal marijuana reform bill ever introduced in the US Congress addressing the harms of criminalization and the historic significance of the MORE Act coming to a vote on the House floor cannot be overstated.

Send a message in support of the upcoming vote now!

Then, take just another couple minutes to call your Representative’s office today to make sure they are committed to vote “yes” when the MORE Act goes to the House floor.

Capitol Switchboard: (202) 224-3121

Sample Script:

“As a constituent and concerned citizen, I am calling to ask for the Representatives’ support in passing the MORE Act next week.

To date, 33 states and the District of Columbia regulate the production, sale, and use of marijuana and marijuana-infused products for medical purposes. Eleven of these states also permit marijuana possession by adults, and ten of them also regulate adult-use sales. Yet, to date, all of these state-level legalization policies are incongruous with federal law, which classifies the cannabis plant as a Schedule I criminal substance.

The MORE Act removes cannabis from the Controlled Substances Act — thus providing individual states with the authority to be the primary arbiters of cannabis policy and eliminating the existing conflict between state-level marijuana legalization policies and federal law.

The MORE Act would also make several other important changes to federal marijuana policy. For example, it permits physicians affiliated with the Veterans Administration for the first time to make medical cannabis recommendations to qualifying veterans who reside in legal states, and it incentivizes states to move ahead with expungement policies that will end the stigma and lost opportunities suffered by those with past, low-level cannabis convictions. The MORE Act also allows the Small Business Administration to support entrepreneurs and businesses as they seek to gain a foothold in this emerging industry.

Be on the right side of history. Please commit to vote for and cosponsor the MORE Act.”

Representative democracy is not a spectator sport and we cannot sit on the sidelines as decisions are being made. These calls matter — even just driving in 5-10 phone calls a day to an office can be the difference between a no vote and a yes vote.

So please, take just a few moments and call the Capitol Switchboard at (202) 224-3121 and make your voice heard in support of ending federal marijuana prohibition.

Once you do that, be sure to share our action alert with your friends and family:

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We can make history together, but it will take all of us to get it done.