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The U.S. House of Representatives officially has a new speaker: Rep. Mike Johnson (R-LA). A review of his marijuana-related votes reveals a new leader who has consistently opposed reform, including on incremental issues like cannabis banking and making it easier to conduct scientific research on the plant.

It took the Republican majority about three weeks to elect a speaker after multiple GOP conference nominees failed to amass the required votes to ascend to the position. Johnson was nominated just hours after House Majority Whip Tom Emmer (R-MN), who has backed cannabis banking and other reforms, was selected and then dropped out on Tuesday following pushback from former President Donald Trump and his allies. Then, on Wednesday, the lesser-known Johnson secured 220 votes on the House floor to become the next speaker.

The congressman entered Congress in 2017, though sizing up his record is more difficult in light of his atypically high absence during roll call votes. But for the votes that he did cast on cannabis issues, there is a clear pattern: he’s again even modest, bipartisan reform proposals.

Importantly, Johnson, who serves as vice chair of the Republican conference, voted against bills to safeguard banks that work with state-licensed marijuana businesses in 2019 and 2021. That could come into play sooner than later, as Senate leadership works to advance the Secure and Fair Enforcement Regulation (SAFER) Banking Act that cleared committee last month to the floor before potentially transmitting it to the House.

Under former Speaker Kevin McCarthy (R-CA), leadership wasn’t an especially significant concern for advocates and stakeholders, even under the GOP-controlled chamber. McCarthy had voted in favor of marijuana banking reform, so it was expected that he would not stand in the way of its advancement. How Johnson might approach the issue is less certain.

While he did cosponsor a coronavirus relief bill in 2020 that included the text of the SAFE Banking Act, he was among the chorus of Republican members who blasted Democrats for attaching the cannabis language to the broader legislation.

“The bill mentions the word ‘jobs’ only 52 times—but listen, it mentions ‘cannabis’ 68 times,” he said in 2020. “I’m not being flippant here, but we’re wondering if the staff that wrote this might have been high when they put the pen to paper.”

Nancy Pelosi's liberal wishlist uses the word "cannabis" more than "jobs" and "hire." Legitimate question: Was the staff responsible for this legislation high when they wrote it? pic.twitter.com/8e9k1mN6FV

— Rep. Mike Johnson (@RepMikeJohnson) May 15, 2020

He was fairly hung-up on the concern on social media, too, posting about it multiple times from his official and campaign accounts, even suggesting that the lawmakers and staffers who wrote the legislation “were high” at the time.

In Pelosi's 1,800-page bill, the word "jobs" appears 52 times, but the word "cannabis" appears 68 times. It makes you wonder if the people who wrote it were high. https://t.co/Ya2BTpR5WT

— Mike Johnson (@MikeJohnson) May 15, 2020

At a time when small business are closing daily & Americans continue to lose their jobs, what's Speaker Pelosi’s priority?

Unfortunately, it's not securing critical aid… it's marijuana.

Her first aid package mentioned "marijuana" more than "jobs" & now this. This is nonsense. https://t.co/Ivxi84is9A

— Rep. Mike Johnson (@RepMikeJohnson) December 1, 2020

Johnson also criticized House Democrats in December 2020 for scheduling a vote on a marijuana legalization bill amid the pandemic. Despite his criticism, however, he declined to show up to cast a vote on the proposal. He also did not vote on the legislation when it passed the House a second time last year.

For months now, Democrats have refused to work with Republicans to provide critically needed COVID relief for millions of Americans suffering from the pandemic.

This week, Pelosi & the Democrats scheduled votes instead on… a marijuana bill and a ban on keeping tigers as pets.

— Rep. Mike Johnson (@RepMikeJohnson) December 3, 2020

The newly elected speaker voted against a spending bill amendment to protect all state cannabis program from federal intervention in 2019, and then he did not show up to vote on the measure in 2020. Johnson voted against a bill to streamline cannabis research last year, which was later signed into law by President Joe Biden, and he did not participate in a vote on an amendment to prevent security clearance denials for people over past marijuana use alone.

Also in 2019 and 2021, the congressman voted against amendments to ease restrictions on carrying out studies on Schedule I substances like marijuana and psychedelics or to express support for legalizing them. He further voted in favor of a 2021 anti-reform measure to remove protections for universities that research cannabis.

Here’s a breakdown of Johnson’s voting record on cannabis legislation: 

Y = yes vote; N = no vote; NV = not voting

Certain advocates have tried to temper concerns about the impact of having a speaker opposed to marijuana reform helm the chamber, pointing out that legislation like cannabis banking could advance as part of broader vehicles and expressing doubts that leadership would proactively seek to undercut such proposals.

But for advocates, the fact that the House opted for a consistent opponent of marijuana, as opposed to the multiple candidates who’ve previously voted in favor of cannabis banking or research measures, comes as a disappointment coupled with open questions about the path forward.

Top Federal Health Agency Releases Highly Redacted Marijuana Scheduling Recommendation Letter To DEA

 

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The U.S. Department of Health and Human Services (HHS) has released a highly redacted version of a brief letter to the head of the Drug Enforcement Administration (DEA) regarding the agency’s marijuana rescheduling recommendation.

The letter, obtained via Freedom of Information Act (FOIA) request by Law360 reporter Sam Reisman, confirmed certain previously reported details such as the date of the correspondence, August 29, and the author, HHS Assistant Secretary for Health Rachel Levine. But it was redacted to exclude the substance of the message such as the scheduling recommendation itself, as well as the scientific review portion that was attached to the letter.

HHS is believed to have advised DEA to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA), and the law enforcement agency is now carrying out its own review before making a final determination.

The letter to DEA Administrator Anne Milgram says that the HHS recommendation was based on “the eight factors determinative of control of a substance under 21 U.S.C. 81 1 (c).”

Reisman told Marijuana Moment that the agency’s justification for exempting the bulk of the letter’s contents was to protect “inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency.”

Marijuana Moment separately filed a FOIA request for a copy of the letter in September. A FOIA officer handling the request did not respond to a request for an update on the status of the request by the time of publication. Attorney Matt Zorn also requested the letter and filed a lawsuit earlier this month to obtain the document, alleging the HHS has “improperly held agency records.”

The recommendation from the health agency followed an 11-month scientific review process, which was carried out under an October 2022 directive from President Joe Biden. HHS Secretary Xavier Becerra told Marijuana Moment over the summer that his agency was aiming to wrap up the review by the end of the year.

While the Congressional Research Service (CRS) recently concluded that it was “likely” that DEA would follow the HHS recommendation based on past precedent, DEA reserves the right to disregard the health agency’s advice because it has final jurisdiction over the CSA.

Meanwhile, six former DEA heads and five former White House drug czars sent a letter to the attorney general and current DEA administrator this month, voicing opposition to the top federal health agency’s recommendation to reschedule marijuana. They also made a questionable claim about the relationship between drug schedules and criminal penalties in a way that may exaggerate the potential impact of the incremental reform.

Signatories include DEA and ONDCP heads under multiple administrations led by presidents of both major parties.

Advocates and lawmakers who support cannabis reform separately marked the one-year anniversary of Biden’s mass marijuana pardon and scheduling directive this month by calling on him to do more—including by expanding the scope of relief that his pardon had and by expressly supporting federal legalization.

Two GOP senators, including the lead Republican sponsor of a marijuana banking bill that cleared a key committee last month, recently filed new legislation to prevent federal agencies from rescheduling cannabis without tacit approval from Congress.

A coalition of 14 Republican congressional lawmakers is also urging DEA to “reject” the top federal health agency’s recommendation to reschedule marijuana and instead keep it in the most restrictive category under the CSA.

Read the HHS letter to DEA regarding its marijuana scheduling recommendation below: 

Photo courtesy of Philip Steffan..

Two In Three Kansans, Including A Majority Of Republicans, Support Legalizing And Taxing Marijuana, New Poll Finds

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Two in three Kansans, including a majority of Republicans, support legalizing marijuana, according to a new poll. And most say they’re likely to vote for lawmakers who back medical cannabis legalization.

While medical marijuana reform has consistently stalled out in the GOP-controlled state legislature, about 67 percent of Kansans say they’re ready for a fundamental policy change to raise revenue from legalizing and taxing recreational cannabis, the Kansas Speaks fall survey from the Docking Institute of Public Affairs found.

That includes a majority of people from every age demographic, all income levels and all political and religious affiliations surveyed. People who identified as independent were most likely to strongly or somewhat favor legalization at 76 percent, followed by Democrats (73 percent) and Republicans (60 percent).

The poll also asked residents about the likelihood that they would vote for a political candidate who supports medical cannabis to represent them in the legislature. About 64 percent said that they would be highly or somewhat likely to back such a candidate.

Again, there was majority support among adults across the political spectrum, with 78 percent of Democrats, 64 percent of independents and 57 percent of Republicans saying they’d back legislators who support medical cannabis reform.

The survey involved interviews with 477 Kansas adults from September 20 to October 10 and was published on Tuesday.

The findings fly in the face of action that’s taken place in the legislature to date, with lawmakers so far unable to reach an agreement to advance even incremental medical cannabis legalization despite advocates’ efforts.

For example, a Kansas Senate committee ultimately shelved a bill to legalize medical marijuana in March following a hearing that featured multiple opponents, including state law enforcement representatives.

That prompted Gov. Laura Kelly (D) to issue a statement urging the public to contact their representatives to demand that they take the legislation back up for action, but that did not happen before the end of the legislative session.

Kelly, who has long championed cannabis reform, said at the time that she was “disappointed that some legislators are saying they don’t want to move forward with legalizing medical marijuana this year—effectively turning their backs on our veterans and those with chronic pain and seizure disorders.”

The governor also said in 2021 that she would be “enlisting the efforts of the people of Kansas who really want this” to pressure their lawmakers to get the reform enacted.

In 2021, a medical cannabis bill passed the House but stalled out in the Senate.

Senate President Ty Masterson (R) previously said that he expected bills and hearings on the issue this year, and a spokesperson said that the senator understands that perspectives are “maturing” on medical marijuana—though the spokesperson also said the issue is “not a priority.”

In her annual State of the State address in January, the governor said that there’s a “commonsense way to improve health care here in Kansas—and that’s to finally legalize medical marijuana.”

She cited an example of a terminally ill man whose hospital room was raided by police and who was given a later-rescinded citation to appear in court over possession of a cannabis vape and extract that he was using to treat serious pain. That man has since passed away.

Meanwhile, members of the Special Committee on Medical Marijuana held their final meeting in December as they worked to prepare legislation for the 2023 session.

The panel, which toured a Missouri cannabis cultivation facility late last year as part of their work, went over the wide range of issues that they discussed with officials and experts earlier this year.

Then-House Minority Leader Tom Sawyer (D) and Assistant Minority Leader Jason Probst (D) said last year that they wanted to let voters decide on legalizing medical and adult-use marijuana in the state.

The governor, for her part, previously pushed a separate proposal that would legalize medical cannabis and use the resulting revenue to support Medicaid expansion, with Rep. Brandon Woodard (D) filing the measure on the governor’s behalf.

Following President Joe Biden’s announcement last year on pardoning people who’ve committed federal marijuana possession offenses and imploring governors to follow suit, Kelly said that her administration is “focused on legalizing medical marijuana so that Kansans with severe illnesses no longer have to suffer.

She added that they will “continue to consider all clemency and pardon requests based on a complete and thorough review of the individual cases.”

The governor also said in 2020 that while she wouldn’t personally advocate for adult-use legalization, she wouldn’t rule out signing the reform into law if a reform bill arrived on her desk.

Bipartisan Congressional Lawmakers File Marijuana Legalization Bill

Photo courtesy of Mike Latimer.

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Bipartisan House lawmakers have refiled another bill to federally legalize marijuana, while taking steps to preserve existing state cannabis markets.

Sponsored by Rep. Nancy Mace (R-SC), the States Reform Act was first introduced in 2021, serving as an alternative to a Democratic-led legalization proposal that’s cleared the House twice in recent years. At that time, Mace’s bill had only GOP cosponsors.

The text of the new version of the legislation, which has has a handful of both Democrats and Republicans signed on, isn’t available yet, so it’s unclear if there have been meaningful changes. Even more uncertain are its prospects of advancing under the GOP-controlled House, where the speaker position remains vacant after three weeks following the ousting of Rep. Kevin McCarthy (R-CA) from the leadership role.

As a condition of her vote on a bill to raise the debt ceiling and cut certain federal programs, Mace said that she secured a commitment from the former speaker to hold a committee markup on her cannabis bill—but that never happened. Mace was among the handful of Republican members to boot the speaker this month, citing unfulfilled promises without explicitly noting the marijuana markup pledge.

In any case, the States Reform Act as introduced last session would have ended federal cannabis prohibition, at the same time that it sought to engender bipartisan support by incorporating certain equity provisions such as expungements for people with non-violent cannabis convictions and imposing an excise tax, revenue from which would have supported community reinvestment, law enforcement and Small Business Administration (SBA) activities.

The bill is primarily aimed at having the federal government treat marijuana in a similar manner to alcohol. Cannabis would be removed from the Controlled Substances Act (CSA), with retroactive effects for people previously punished.

The bill’s original cosponsorship list has changed since the last version. Rep. Tom McClintock (R-CA) stayed on, but Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, is not listed as a cosponsor this round, nor is the late Rep. Don Young (R-AK) who the Florida congressman replaced on the caucus. Rep. Peter Meijer (R-MI) was on the last bill, but he lost a primary challenge in 2022.

This time, Rep. Matt Gaetz (R-FL) has joined as an original cosponsor, along with two Democrats. Rep. Dean Phillips (D-MN), who is expected to challenge President Joe Biden for the 2024 Democratic presidential nomination, is signed on, as is Rep. David Trone (D-MD).

Marijuana Moment reached out to Mace and Mast’s offices for comment about why he is not on the bill this time around, but representatives were not immediately available.

During the last Congress, Mace emphasized that she wanted to build bipartisan support for the legislation but at no point did it garner additional cosponsors beyond those who were signed on at its introduction.

Under the legislation as filed last session, federal cannabis convictions would have needed to be expunged within one year. People affiliated with cartels or who have been convicted of driving under the influence would not have been eligible for the relief, however. Mace’s office estimated that about 2,600 people would be released from federal incarceration under the provision.

There would have been a 3 percent federal excise tax on cannabis under the bill. Revenue from federal marijuana taxes would have gone to a newly created Law Enforcement Retraining and Successful Second Chances Fund, and distributed to programs under the Omnibus Crime Control and Safe Streets Act, the Edward Byrne Memorial Justice Assistance Grant (JAG) program, the Community Oriented Policing Services Hiring program, a new Successful Second Chances program under the Small Business Administration (SBA), veterans mental health programs, state programs to combat opioid addiction and efforts to prevent youth cannabis use.

The Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB)—which would have been renamed the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau—would have been the chief regulator for marijuana with respect to interstate commerce and international trade. The agency would have been tasked with creating a track and trace system for cannabis, and federal officials would be authorized to issue packaging and labelling requirements for products.

The legislation would have grandfathered existing state-licensed cannabis operators into the federal scheme to ensure continued patient access and incentivize participation in the legal market.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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The refiling of the States Reform Act comes about a month after 33 Democratic House lawmakers, led by Judiciary Committee Ranking Member Jerrold Nadler (D-NY), reintroduced the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act to federally legalize marijuana while promoting equity in the industry.

The comprehensive legalization legislation has passed the House twice in recent sessions—but this marked the first time it was introduced with Republicans in control of the chamber, raising serious questions about whether it will move. The Judiciary Committee, which is the primary panel of jurisdiction, is chaired by anti-cannabis Rep. Jim Jordan (R-OH), who lost his own bid for the speakership.

The reintroduction of both legalization bills also comes amid a federal cannabis scheduling review that Biden directed last year. The U.S. Department of Health and Human Services (HHS) has advised the Drug Enforcement Administration (DEA) to move marijuana to Schedule III after completing its scientific review.

While a Congressional Research Service (CRS) report released last month said it was “likely” DEA would follow suit based on precedent, the law enforcement agency does not have to adhere to the HHS recommendation.

Former DEA Agent Fired Over Positive THC Test From CBD Products Solicits Public Support As Legal Fees Mount To Challenge Agency’s Action

 

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Anthony Armour wants his job at the Drug Enforcement Administration (DEA) back. But after being fired for testing positive for THC that he attributes to federally legal CBD products, his legal fight for reinstatement is causing significant financial hardship—and now he’s turning to the public for help.

Described by DEA as an “outstanding” special agent during his 16-year tenure, Armour was ultimately terminated by the agency in 2019 following a random drug screening that revealed traces of THC metabolites. He admitted to taking CBD for chronic pain as an opioid alternative—and he turned over the products he believed to be federally legal under the 2018 Farm Bill—but DEA upheld his firing even upon appeal.

“I enjoyed what I did. I love what I did,” Armour told Marijuana Moment in a phone interview on Tuesday. “The whole thing—I’m really just disappointed in the route that they took.”

The Farm Bill that legalized hemp and its derivatives like CBD containing up to 0.3 percent THC by dry weight has forced many federal agencies to reconcile their workplace drug policies. That includes DEA—but the departmental guidance only came after the former agent was terminated, which is noted in a briefing his attorneys filed with the U.S. Court of Appeals for the Federal Circuit in May.

It’s been a costly case years in the making. Armour, who said he continues to use CBD while unemployed because, while he doesn’t consider it a “miracle drug,” the non-intoxicating cannabinoid has resulted in a “significant improvement in my overall well-being with the medical issues that I’ve had.” It’s also allowed him to manage pain without resorting to addictive opioids, the illicit trafficking of which he spent much of his career working to combat.

Faced with “out of this world” legal fees, ineligibility for unemployment benefits due to the “for cause” nature of his firing and difficulties securing work in his field, the former DEA agent said that he’s maxed out his credit cards to make ends meet, with his previously “perfect” credit scores dropping to the “poor” range. He started a GoFundMe campaign last week to raise money to help cover the costs of litigation and basic expenses.

“I had a short stint of employment, but it was contract work so that didn’t last long. I’ve been trying to just get back on my feet,” he said. “Being in a position like this is, especially given the nature of my job, I’m not out there. I don’t have social media. I don’t use social media. So just telling my story, you’ve got to be vulnerable. And it was the last thing I want to do because that’s the kind of person I am.”

Armour has emphasized that his problem isn’t with DEA as an institution. He recognizes that there are many who use cannabis who hold deep resentment with the agency given its historic role in enforcing criminalization—and while he hopes to return to work there, he agrees that the laws around cannabis need to fundamentally change.

“I support legalization. I support common sense legislation,” he said. “And, obviously, the science backing legalization is there, and it’s just been ignored this entire time. Thankfully, we have people that are able to bring the issue to light and educate a lot of people.”

He also wants people to know—particularly critics who might be skeptical about sympathizing with a former DEA special agent—that, from his perspective, “law enforcement, public service, is really no different from any other job.”

“The rules that I have to follow,” he said, “and my job, obviously, as an agent was to enforce the Controlled Substances Act (CSA). Which I did, and I didn’t violate that.”

Yet it was the CSA, and the use of an ostensibly legal product that contained more THC than he intended to consume, that cost Armour his job. It was an attempt to relieve chronic pain with a natural product that evidently crossed the threshold from permissible (albeit loosely regulated) hemp extract to Schedule I marijuana.

DEA is actively reviewing the federal scheduling status of cannabis under a directive from President Joe Biden last year. The U.S. Department of Health and Human Services (HHS) has already completed its part of the review, concluding that marijuana should be moved to the less restrictive, but still illegal, Schedule III of the CSA. But DEA makes the final call.

“I don’t know what to think about that. You just really don’t know what’s going to happen,” Armour said of the agency’s review. “What I do know is what CBD did for me. It improved my life and my ailments greatly.”

Even so, the career law enforcement official said that he’d forgo CBD if he was allowed to return to DEA.

“I don’t know what the latest policy is, but I plan to follow the policy of the agency,” he said. Asked what that would mean for his health, Armour said it was a good question. “I’ll have to find some alternative treatments,” he said hesitantly, acknowledging that he remains unwilling to use opioids and gastrointestinal issues limit his ability to consistently take over-the-counter medications like ibuprofen.

“My case is bringing light to it. I remain optimistic that that [the circuit court] would rule in my favor,” he said. And his hopes is that would “bring change to some of the legislation that we have ongoing right now—some of the antiquated legislation we have.”

DEA, for its part, said in a response briefing last month that the former agent’s challenges to the termination are “without merit and improperly invite the Court to ignore well-established Federal drug policies and to reweigh the evidence in contravention of the standard of review.”

“Mr. Armour was an outstanding DEA agent when he took a chance in 2019. He believed it was unlikely that CBD products would cause him to test positive for marijuana, but he knew it was possible, and he bought those unregulated products on the internet and consumed them anyway,” DEA attorneys said. “Mr. Armour argues that he ‘displayed negligence or poor decision-making,’ and DEA properly held him accountable for his poor decisions when they resulted in a verified positive drug test. DEA lost trust in Mr. Armour and properly removed him.”

DEA acknowledged that Armour may not have intended to use an illegal drug, but said that because he knew the product contained at least trace amounts of THC, the consumption was “reckless” and warranted removal.

Notably, the agency relied on a Reagan-era executive order to define an “illegal drug,” which is any Schedule I or Schedule II controlled substance that is not prescribed. Attorneys have raised questions as to whether federal employees like Armour would continue to face such penalties for marijuana if it’s moved to Schedule III.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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Meanwhile, a top health agency recently revised federal workplace drug testing guidelines to clarify that using medical marijuana under a doctor’s recommendation in a legal state is not a valid excuse for a positive THC test.

At the congressional level, lawmakers have worked multiple angles in recent legislation to try and provide protections for workers and job applicants against being penalized solely due to cannabis.

For example, people working in the climate sector would be protected from being fired for testing positive for marijuana if they’re based in a legal state under a newly refiled bill from more than 40 congressional Democrats.

The House Rules Committee has repeatedly blocked attempts by lawmakers to end the practice of drug testing federal job applicants for marijuana as part of large-scale spending bills this session.

Over in the Senate, however, members passed defense legislation in July that contains provisions to bar intelligence agencies like the CIA and NSA from denying security clearances to applicants solely due to their past marijuana use.

The House Oversight and Accountability Committee also passed a standalone bipartisan bill last month that would prevent the denial of federal employment or security clearances based on a candidate’s past marijuana use.

New Hampshire Marijuana Legalization Commission Begins Workshopping Draft Legislation That’s Due On December 1

Photo courtesy of Chris Wallis // Side Pocket Images.

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