Federal Policy

A Republican senator is pushing back against a recent policy change by U.S. Customs and Border Protection (CBP) that reduced the term of ineligibility for work due to past marijuana use from two years to three months. The senator doubts the trustworthiness of recruits who have used cannabis and believes that this move jeopardizes the safety and integrity of Border Patrol agents. Senator James Lankford (R-OK) wrote to CBP Acting Commissioner Troy Miller, expressing severe concerns about the effects of this shift.… Read more.

Federal Customs and Border Protection (CBP) agents have in recent weeks seized more than $300,000 worth of cannabis products from state-licensed cannabis operators in New Mexico, KRQE reports. The seizures have been carried out during routine CBP checkpoints located in the state’s southern region near the U.S.-Mexico border. “Normally they don’t have dogs,” said Top Crop Cannabis Co.’s Operations Manager Nick Spoor in the report. “Usually it’s just a, ‘Are you a U.S. citizen, yes’ and then they wave you through.” But… Read more.

Federal officials have been seizing hundreds of thousands of dollars worth of marijuana from state-licensed cannabis businesses in New Mexico in recent weeks—detaining industry workers in what appears to be a localized escalation of national prohibition enforcement even as the federal government has largely refrained from interfering with the implementation of state legalization laws in recent years. New Mexico marijuana businesses report that the more than dozen U.S. Customs and Border Protection (CBP) seizures, particularly at interior checkpoints around the… Read more.

A GOP senator is calling on U.S. Customs and Border Protection (CBP) to “reverse” its updated policy that narrows the window of employment ineligibility over past marijuana use from two years to three months, arguing that it “undermines the security and integrity of the Border Patrol workforce” and questioning the “trustworthiness” of recruits who used cannabis. In a letter sent to CBP Acting Commissioner Troy Miller on Sunday, Sen. James Lankford (R-OK) said he’s “very concerned about the impact” of… Read more.

A representative from the Drug Enforcement Administration (DEA) has expressed the agency's intention to dispel any misunderstandings surrounding its drug scheduling review process, emphasizing a commitment to transparency. The DEA is currently in the process of potentially reclassifying marijuana and aims to ensure clarity in its decision-making. The official noted that the analysis of recommendations from health authorities can take up to six months, coinciding with the timeframe since the commencement of the current cannabis assessment by the agency. Unveiling DEA's Discussion… Read more.

Congressional leaders have unveiled a second package of spending legislation to keep the government funded, with provisions included that would continue to block Washington, D.C. from legalizing marijuana sales, fund psychedelics-related clinical trials and more. House and Senate appropriations leaders released the bill on Wednesday after reaching an agreement on the remaining Fiscal Year 2024 spending that wasn’t included in separate legislation enacted earlier this month. The plan is to pass the package ahead of a Friday deadline when the… Read more.

The Biden administration’t top health official has again defended his department’s recommendation to reschedule marijuana against Republican criticism, while pointing out that the incremental move would not decriminalize cannabis despite the president’s campaign pledges to do so. During a hearing before the House Appropriations Subcommittee on Labor, Health And Human Services, Education, And Related Agencies on Wednesday, several members addressed the cannabis scheduling review, including two GOP members who oppose the reform and a Democrat who helped advance a legalization… Read more.

Vice President Kamala Harris emphasized on Friday that no one should be imprisoned for using cannabis and encouraged the federal government to move quickly to reschedule the drug. "Prompt action must be taken," said Harris. "We need to make a decision based on careful investigation and evaluation. It's ridiculous that marijuana is considered to be as harmful as heroin, let alone more dangerous than fentanyl, demonstrating how seriously flawed the present categorization of the drug is. This defies logic and is… Read more.

With Germany legalizing recreational cannabis this past week, it appears UN Drug treaties around cannabis cultivation and processing are out the window.  While Cannabis.net has been beating the drum over the past year in multiple articles that the US using the excuse of not rescheduling marijuana because of "violations of international drug treaties" is a complete farce. The UN actually changed its own scheduling of cannabis resin 4-years ago, while the US has yet to update their scheduling of the plant.  Ironcially,… Read more.

Six of the country’s top veterans groups and a group of U.S. law enforcement leaders sent letters on Thursday urging the Biden Administration to reschedule cannabis under the federal Controlled Substances Act (CSA). The development comes amid rumors that the Drug Enforcement Administration (DEA) could soon announce a cannabis scheduling decision, and six months after the U.S. Department of Health and Human Services (HHS) recommended that cannabis be moved from Schedule I to Schedule III under the CSA. In a… Read more.

The Navy has revised its approach regarding recruits arriving at boot camp with traces of marijuana in their system at Recruit Training Command in Great Lakes, Illinois. Rear Adm. James Waters, the director of the Navy's military personnel plans and policy division, disclosed to reporters on Thursday that the service now has the discretion to grant waivers for recruits initially testing positive for THC, the primary psychoactive element in marijuana. Waters emphasized that recruits who admit to marijuana use undergo evaluations to… Read more.

Vice President Kamala Harris says the administration’s move to pardon people for federal marijuana possession offenses is an example of how it is delivering for Americans, particularly young and Black voters who could be key to President Joe Biden’s reelection bid this year. The White House also cited the cannabis clemency move in a new fact sheet on efforts to “advance racial justice and equity and ensure the promise of America for all communities.” Speaking with Gray DC in South… Read more.

A leading cannabis group is planning to mobilize the “largest bi-partisan coalition of cannabis advocacy, industry, and grassroots organizations” that will convene in Washington, D.C. to push for federal reform just ahead of the marijuana holiday 4/20 this year. Organized by the Last Prisoner Project (LPP), the meeting will feature an ideologically diverse collection of advocates and stakeholders to promote legalization centered in equity, the organization said in a press release on Thursday. LPP has also released a new memo… Read more.

The Department of Health and Human Services (HHS) has agreed to release documents related to its recommendation to federally reschedule marijuana “in their entirety” amid litigation over a Freedom of Information Act (FOIA) request that was filed by a lawyer last year. “Good afternoon and thank you for your patience,” a Department of Justice attorney handling the case said in an email to attorney Matt Zorn on Thursday. “The agency has advised that it will release the letter and its… Read more.

The consumption of marijuana has surged dramatically, with a notable instance in Michigan, where recreational use has recently been legalized. In its first year, marijuana sales are poised to exceed $3 billion, propelled by a remarkable performance in July. This upswing can be attributed to Generation Z opting for marijuana over alcohol, considering it a healthier alternative. However, the industry faces challenges such as disorderly state enforcement, burdensome taxes, and restrictive regulations, including the absence of interstate commerce, leading to significant disruptions.… Read more.

The Drug Enforcement Administration (DEA) is telling lawmakers that it reserves “the final authority” to make any scheduling decision on marijuana following an ongoing review, regardless of what the U.S. Department of Health and Human Services (HHS) recommends. In a letter sent to Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer (D-OR), DEA Acting Chief of the Office of Congressional Affairs Michael Miller gave a general overview of the scheduling review process that was initiated under a directive from President Joe… Read more.

As the Food and Drug Administration (FDA) considers an application to approve MDMA as a prescription drug, new standards from the American Medical Association (AMA) have officially taken effect that assign psychedelics-specific codes to collect data on the novel therapies. AMA approved Current Procedural Terminology (CPT) III codes for psychedelic medicines in July after collaborating with the psychedelics-focused MAPS Public Benefit Corporation (MAPS PBC) and COMPASS Pathways. Those codes, which took effect on Monday, could eventually be used for health providers… Read more.

The Drug Enforcement Administration (DEA) is now calling for the production of even more THC, psilocybin and DMT for research purposes than it initially proposed for 2024—raising its quotas for those drugs while maintaining already high production goals for marijuana and other psychedelics. In a notice set to be published in the Federal Register on Wednesday, DEA said it received comments from registered manufacturers requesting increases to previously proposed 2024 quotas for the Schedule I substances in order to “meet medical… Read more.

The year 2023 brought a mixed bag of federal developments in the marijuana space—marked by historic news such as the Biden administration’s rescheduling recommendation and pardon expansion, as well as setbacks on the congressional path to enacting cannabis banking reform. And with Congress now in recess for the holiday season, advocates and stakeholders are left to reflect on the ups and downs of the past year, with hopes of building on their work in 2024. While the review into cannabis… Read more.

President Joe Biden on Friday issued a proclamation expanding a marijuana pardon initiative he began last year by including for the first time people who committed cannabis possession offenses on federal properties. “Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” Biden said in a statement. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.” “Just as no one should be… Read more.

The governor of Colorado says that while marijuana reform is “not really a partisan issue” anymore, there are still “stodgy nanny state Republicans who want to control it.” Meanwhile, he says, ongoing prohibition has inhibited research into the science of cannabis that’s kept it strictly criminalized at the federal level. Gov. Jared Polis (D) is hoping that will change sooner rather than later. He and the governors of five other states sent a letter to President Joe Biden this week,… Read more.

The governors of six U.S. states—Colorado, Illinois, New York, New Jersey, Maryland and Louisiana—sent a letter to President Joe Biden (D) on Tuesday urging the administration to reschedule marijuana to Schedule III of the Controlled Substances Act by the end of this year. The move, they say, will provide economic and tax benefits for cannabis businesses, protect public health and more closely align government policy with public opinion. “Rescheduling cannabis aligns with a safe, regulated product that Americans can trust,”… Read more.

With the congressional effort to remove federal restrictions on marijuana banking still ongoing, a coalition of financial institutions has released new guidance for cannabis businesses trying to secure banking services. While compliance can be onerous compared to banking for most businesses, the report published on Monday by the Cannabis Industry Financial Group (CFIG) says it’s nevertheless possible for the marijuana industry to obtain above-board, reliable financial services without waiting for passage of the Secure and Fair Enforcement Regulation (SAFER) Banking Act.… Read more.

The U.S. Department of Agriculture is instructing hemp farmers in multiple states that they must choose between cultivating cannabis or hemp, not both, as reported by Politico. Since the 2018 Farm Bill legalized hemp agriculture, numerous farmers across the nation saw it as a promising avenue for profitability. With the ongoing expansion of marijuana legalization, some hemp farmers view opportunities in participating in cannabis programs regulated by their respective states. However, this business strategy is now under threat as the USDA has… Read more.

Certain cannabis industry leaders are optimistic that the federal government's reclassification of marijuana from Schedule 1 to Schedule 3 of the Controlled Substances Act will clear the way for the interstate movement of cannabis goods. Legal experts in the marijuana industry, however, contend that this optimism is only partially justified. Schedule 3 and Schedules 4 and 5 currently allow interstate commerce exclusively for drugs sanctioned by the U.S. Food and Drug Administration (FDA). Examples include anabolic steroids, ketamine, testosterone, Tylenol with codeine, as… Read more.

From fervent anti-drug crusader to disconnected senior statesman to the unlikely champion of the regulated marijuana trade, President Joe Biden's public journey might still hold surprises. A year after instigating the most substantial shift in federal marijuana policy since 1970, the very politician whose stance as a U.S. senator fueled the drug war's intensity has, as president, established the foundation for a reliable and enduring legal marijuana sector. "Regardless of your opinion of him," remarked Andrew Kline, senior counsel at the… Read more.

The National Institutes of Health (NIH) is soliciting proposals to develop psychedelics into treatments for substance use disorder (SUD), with plans to issue $2 million in grant money toward the research projects during fiscal year 2025. The funding opportunity will support research into a range of substances that might be used treat addiction, including “classic psychedelics” such as psilocybin and LSD, empathogens such as MDMA, dissociatives such as ketamine and other hallucinogens, including ibogaine and its analogues. The NIH listing… Read more.

In a letter to President Joe Biden (D), the Marijuana Justice Coalition and Cannabis Freedom Alliance said that the administration’s plans to move cannabis from Schedule I to Schedule III under the Controlled Substances Act “would simply maintain federal criminalization” of state-approved medical and adult-use cannabis programs, calling instead for full descheduling under federal law.   The letter notes that, according to Federal Bureau of Investigation data, nearly 250,000 individuals were arrested nationwide for cannabis-related crimes in 2021 and that Black people were arrested at… Read more.

A coalition of marijuana businesses, supported by influential law firms, has initiated a lawsuit aimed at challenging the federal government's continued prohibition of cannabis. These companies argue that upholding cannabis prohibition in states with legalized cannabis markets is unconstitutional, resulting in public safety concerns and preventing these businesses from accessing essential financial services and tax deductions. The lawsuit, filed in the U.S. District Court for the District of Massachusetts, is led by multi-state operator Verano Holdings Corp., Massachusetts-based cannabis businesses Canna… Read more.

For nearly as long as the federal government has classified marijuana as a Schedule I controlled substance, the Food and Drug Administration (FDA) has been evaluating applications from researchers seeking to develop therapeutic drugs from the plant. In a pair of newly published documents, the agency looks back on more than half a century of investigational cannabis-based drugs and offers its perspective of what the future of drug development might hold. That includes studying a broader range of methods of… Read more.

New federal guidelines from the U.S. Sentencing Commission (USSC) advising judges to treat prior marijuana possession offenses more leniently have officially taken effect. About seven months after members of the commission voted to promulgate a series of amendments—including a multi-part criminal history revision that adds cannabis possession as an example of an offense that generally warrants sentencing discretion—the new guidelines became effective on Wednesday. Federal judges have historically been directed to take into account prior convictions as aggravating factors when making… Read more.

Eleven former high-ranking officials, including six ex-DEA heads and five former White House drug czars, have opposed the U.S. Department of Health and Human Services' recommendation to reschedule marijuana. They sent a letter to the current Attorney General and DEA Administrator, expressing concern over this proposal. Rescheduling Debate The letter suggests that rescheduling marijuana to Schedule III could "supersize" the industry through tax relief and market normalization. It also argues that rescheduling would reduce penalties for marijuana trafficking, potentially hindering cartel… Read more.

A coalition of marijuana businesses represented by an influential law firm has filed a much-anticipated lawsuit against the U.S. attorney general, seeking to block the federal government from enforcing cannabis prohibition against their state-legal activity. They claim perpetuating prohibition in state markets is unconstitutional, creating undue public safety risks while precluding licensed marijuana businesses from accessing critical financial services and tax deductions that are available to other industries. The lawsuit was filed in the U.S. District Court for the District of Massachusetts,… Read more.

A federal appeals court panel heard arguments on Friday in the case of a Seattle-based doctor who’s asking the federal government reschedule psilocybin, part of his effort to clear a path for terminally ill cancer patients to legally use the substance to help treat end-of-life depression and anxiety. Lawyers for the doctor say the Drug Enforcement Administration (DEA) dropped the ball when rejecting the psilocybin rescheduling petition outright, arguing that they agency instead should have referred the matter to the… Read more.

A new map published by the U.S. Census Bureau details the proportion of state revenue made up by marijuana tax money, and in some cases, the figures are eye-popping. In Oregon, for example, roughly $1 in every $20 the state made during some recent time periods came from legal cannabis transactions. According to the federal data, marijuana taxes comprised 4.67 percent of Oregon’s total revenue in the first quarter of fiscal year 2023, 4.7 percent in the first quarter of… Read more.

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 legislation, led by Rep. Pramila Jayapal (D-WA), is titled the Climate Resilience Workforce Act. The bill itself covers substantial ground on climate policy, proposing to provide grants to support climate resilience jobs, fund existing workforce development programs and create a White House Office of Climate… Read more.

In a letter to Division of Arkansas Crime Information Operations Director Rick Stallings, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) outlined safety concerns with the state agency’s decision to allow medical cannabis patients to receive concealed handgun carry licenses (CHCL).   In the letter, signed by Marianna Mitchem, chief of the Firearms and Explosives Industry Division Office of Enforcement Programs and Services, wrote that the “ATF is concerned that the issuance of CHCLs to individuals who are prohibited by Federal law from… Read more.

The U.S. Department of Veterans Affairs (VA) launched a new podcast last week about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. Hosted by VA Under Secretary for Health Shereef Elnahal, episode one of the New Horizons in Health podcast featured discussion from two other VA doctors—Ilse Weichers, executive director of the Office of Mental Health and Suicide Prevention, and Joshua Woolley, whom the department describes as one… Read more.

The House Committee on Oversight and Accountability last week voted 30-14 to advance a measure that would allow cannabis consumers to qualify for security clearances and become federal employees, GovExec reports. The bipartisan legislation, introduced by Reps. Jamie Raskin (D-Md) and Nancy Mace (R-SC), would end the practice of denying security clearances for federal employees who admit to past cannabis use. The proposal would also allow applicants who have been previously denied a federal job or security clearance in 2008 or later to seek reconsideration of that decision. … Read more.

A group of state cannabis regulators is asking Congress to change laws around hemp and cannabinoids through the forthcoming 2023 Farm Bill, seeking to adjust the federal definition of the crop and modify rules around hemp-derived cannabinoids. The changes are needed, says the Cannabis Regulators Association (CANNRA), because the 2018 Farm Bill, which legalized hemp nationwide, “inadvertently resulted in a thriving market for intoxicating cannabinoid products that are included (or claim to be included) within the definition of ‘hemp.'” The… Read more.

The chairman of a key House committee is proposing to significantly scale back a bipartisan bill on marijuana-related protections for federal workers that’s scheduled for a vote in his panel this week. The House Oversight and Accountability Committee is scheduled to hold a markup of the Cannabis Users’ Restoration of Eligibility (CURE) Act—sponsored by Reps. Jamie Raskin (D-MD), Nancy Mace (R-SC) and Earl Blumenauer (D-OR)—on Wednesday. But ahead of that meeting, Chairman James Comer (R-KY) says he will be filing an… Read more.

A congressional committee next week will vote on a bill to protect people from being denied federal employment or security clearances due to marijuana use—and to provide relief for people who lost opportunities due to cannabis in the past. The House Oversight and Accountability Committee will hold a markup on the legislation, the Cannabis Users’ Restoration of Eligibility (CURE) Act, on Wednesday, Chairman James Comer (R-KY) announced late Friday. “Every year, qualified and dedicated individuals seeking to serve our country are… Read more.

If the U.S. government moves marijuana to Schedule III of the Controlled Substance Act (CSA)—as the Department of Health and Human Services (HHS) has now formally recommended—the shift could have profound implications for all sorts of cannabis-related issues, ranging from research to business taxes to U.S. Postal Service (USPS) mailing rules. In the aftermath of the HHS announcement, some of the proposal’s would-be consequences are clearer than others. For instance, it’s evident that cannabis businesses could, for the first time, claim… Read more.

The disclosure Wednesday that top Biden administration health officials this week officially recommended marijuana be reclassified from a Schedule 1 substance to Schedule 3 – the same category as Tylenol with codeine – was hailed as the biggest development in MJ policy reform in more than 50 years.  Marijuana investors concurred, boosting stocks of major U.S. cannabis companies approximately 20%. “It’s historic. It’s the biggest thing that’s happened in cannabis reform at the federal level, ever,” Shane Pennington, a partner at… Read more.

A federal appeals court has ruled that the ban preventing people who use marijuana from possessing firearms is unconstitutional—the latest and highest-level blow to the long-standing federal prohibition that’s actively being challenged in a number of cases across the country. A three-judge panel agreed on Wednesday to reverse the conviction of a man who was sentenced to nearly four years in prison after being pulled over with firearms and admitting to occasionally using cannabis. The U.S. Court of Appeals for… Read more.

Bipartisan lawmakers pushed for the adoption of marijuana and psychedelics amendments as part of a large-scale defense bill at a House committee meeting on Tuesday—but the proposals’ fate remains uncertain following complications over unrelated measures being pushed by conservative members. The House Rules Committee did clear 290 largely non-controversial amendments to the National Defense Authorization Act (NDAA) for floor votes as the leadership negotiates with House Freedom Caucus members who are demanding adoption of contentious measures on issues like abortion,… Read more.

f you can't beat them, join them!  Just like major companies like Amazon that did away with marijuana testing in order to get more eligible employees, the US military may drop marijuana testing for soliders as it tries to get more recruits to sign up. Congressman Matt Gaetz has taken a ground-breaking move by creating a bold idea that might completely alter how the military handles drug use. The divisive lawmaker recently introduced a bill to do away with mandatory cannabis testing for service… Read more.

The Drug Enforcement Administration (DEA) celebrated its 50th anniversary this week—marking a half century of enforcing criminalization laws that have failed to fulfill the mission to eradicate drugs at the same time that nearly half of the country has legalized marijuana and psychedelics reform is also booming. Since its founding on July 1, 1973 through an executive order issued by President Richard Nixon, DEA’s budget has swelled and its workforce has expanded—but illicit drugs remain widely accessible across the U.S.,… Read more.

Key senators say they’re aiming to hold a committee vote on a marijuana banking bill when they return from the July 4th recess—though at least one section of the measure remains in dispute amid negotiations. And when it comes to progressives’ push to expand the scope by attaching justice-focused reforms to the financial services measure, the Republican sponsor’s office told Marijuana Moment that he’s “open” to including expungement provisions. Several lawmakers weighed in on the status of the Secure and… Read more.

The counsel representing the alleged leader of an illicit interstate marijuana operation based in Maine asserts that legal marijuana enterprises are protected from federal prosecution under a Congressional statute. Lucas Sirois, accused by federal prosecutors of masterminding a criminal enterprise involving the lawful cultivation of marijuana under Maine's medicinal cannabis laws but illegal sales in multiple states, has pleaded not guilty to charges including drug distribution conspiracy, money laundering, fraud, and tax evasion. Sirois's defense aims to persuade the judge that a… Read more.

Federally legalizing marijuana is both doable for the Biden administration and relatively easy, according to a new white paper that makes the case for reform. The paper, released Monday by the Coalition for Cannabis Scheduling Reform, prioritizes “de-scheduling” – or removing marijuana from the list of federally controlled substances altogether – but also acknowledges that “rescheduling” marijuana to Schedule 3 or lower would be “a historic step along the path to necessary reform.” The white paper was issued in the midst… Read more.

Sens. Elizabeth Warren (D-MA) and Ed Markey (D-MA) are calling for marijuana reform that prioritizes communities most impacted by the drug war and prevents monopolization by large corporations like Amazon and big tobacco firms. At an event focused on creating an equitable cannabis industry on Saturday, the senators thanked activists for holding the line for small and minority marijuana businesses, and they pledged to promote legislation that aligns with that goal. “We know that legalization alone is not enough,” Warren… Read more.

Starved for good news from Washington DC, the broad cannabis movement greeted President Joe Biden’s signing of the Medical Marijuana and Cannabidiol Research Expansion Act into law in December with enthusiasm and hope. Surely, new research supporting the rescheduling of marijuana – and, with it, tax relief for the cannabis industry – as well as other federal reform would soon follow the first stand-alone bill related to MJ signed into law since Richard Nixon’s presidency. At least, that’s what industry executives and… Read more.

The American Bankers Association (ABA) is renewing its call for the passage of a bipartisan marijuana banking bill that was refiled last month. Days before the Senate Banking Committee is scheduled to discuss the issue at a marijuana-focused hearing, ABA sent a letter to congressional leadership voicing “strong support” for the Secure and Fair Enforcement (SAFE) Banking Act. The association said that this “important legislation would help bring certainty to an important issue that has become a challenge for so many… Read more.

Bipartisan congressional lawmakers have filed a bill to mandate the automatic sealing of criminal records for certain non-violent federal marijuana convictions. Reps. Lisa Blunt Rochester (D-DE) and Nancy Mace (R-SC) reintroduced the Clean Slate Act last week. The measure would also provide relief to people who have been arrested for other offenses that did not result in a conviction. The legislation has been filed over the last several sessions, and the previous version advanced through the House Judiciary Committee last year. It… Read more.

A bipartisan group of US lawmakers has reintroduced legislation to give legal cannabis companies improved access to banking services routinely used by other businesses across the nation. The bill, the Secure and Fair Enforcement (SAFE) Banking Act of 2023, was refiled in the Senate late last month by Democratic Sen. Jeff Merkley of Oregon and Sen. Steve Daines, a Republican from Montana. Republican Rep. Dave Joyce of Ohio and Oregon Democratic Rep. Earl Blumenauer filed a companion bill in the… Read more.

Following the Senate’s rejection of a bill last week to require the Department of Veterans Affairs to conduct a study of veterans who use medical cannabis, Sen. John Tester (D-MT), chairman of the Senate Veterans Affairs Committee, told Military.com that the measure, and other veteran-focused bills, “may all be dead.”   In a procedural vote last Wednesday, the Senate voted 57-42 to advance the cannabis bill, three votes short of the 60 required to pass.  The bill, which included provisions related to the… Read more.

By Reggie Babin, Akin Gump Strauss Hauer & Feld LLP With the recent reintroduction of the Secure and Fair Enforcement (SAFE) Banking Act, Congress is once again engaged in an effort to achieve a meaningful breakthrough on federal cannabis reform. Understandably, many have serious doubts as to whether this time will be any different than previous iterations while others are likely convinced that it won’t be. After spending the past six years working to advance this issue in Congress as the… Read more.

U.S. Rep Brian Mast (R-FL) last week introduced a bill to end the prohibition of firearm sales to cannabis consumers in states that allow adult- and medical-use cannabis. Currently, federal law restricts the sale of guns or ammunition to anyone who is an “unlawful user of or addicted to any controlled substance,” which includes cannabis. The Gun Rights and Marijuana (GRAM) Act creates a carve-out for cannabis for individuals who live in states or on tribal lands where cannabis use is legal.… Read more.

Bipartisan federal legislation reintroduced this week could provide desperately needed tax relief for state-legal cannabis businesses. Rep. Earl Blumenauer’s (D-OR) Small Business Tax Equity Act would allow companies to fully deduct “normal and necessary” operating expenses including rent, most utilities, and payroll from their federal tax returns. Under current law—the much-reviled Internal Revenue Code Section 280E—legal cannabis businesses may deduct only some of the costs directly related to manufacturing and selling inventory. The bill is co-sponsored by Reps. Nancy Mace… Read more.

House Rep. Earl Blumenauer (D-OR) reintroduced a bipartisan proposal yesterday that seeks to let state-licensed cannabis companies throughout the country take the standard tax deductions afforded to any normal U.S. business. Originally co-sponsored by Reps. Blumenauer, Nancy Mace (R-SC), and Barbara Lee (D-CA), the Small Business Tax Equity Act addresses IRS Code Section 280E, a 1982 provision that prohibits the standard business tax deductions for operations associated with illegal drug trafficking and which — because the plant remains a federally… Read more.

Reps. Dave Joyce (R-OH) and Alexandria Ocasio-Cortez (D-NY) have reintroduced a bipartisan bill to encourage state and local governments to expunge marijuana records in their jurisdictions. The lawmakers filed the Harnessing Opportunities by Pursuing Expungement (HOPE) Act on Tuesday, describing it as a necessary and bipartisan reform that would support ongoing clemency efforts. The bill would incentivize states to provide relief to people with non-violent cannabis convictions through federal grants. The Justice Department would run the State Expungement Opportunity Grant… Read more.

The top House Democrat and a Republican lawmaker have refiled a bill to lay the groundwork for federal marijuana legalization. Rep. Dave Joyce (R-OH) and House Minority Leader Hakeem Jeffries (D-NY) introduced the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act on Thursday. The incremental reform would direct the attorney general to create a commission charged with making recommendations on a regulatory system for cannabis that models what’s currently in place for alcohol. “With nearly every… Read more.

Cannabis advocates will hold a policy forum in the Capitol Visitors Center of the  Congressional Auditorium symbolically scheduled for April 20 - the unofficial marijuana holiday. The summit will bring together activists and leaders from government, business, healthcare, veterans groups and civil rights organizations to review and analyze the most important cannabis policy challenges and opportunities reported Marijuana Moment. “The Summit is Washington, D.C.’s premier celebration of cannabis advocacy and a call to action for American leadership in defense of state’s rights and the will of the voters,… Read more.

Marijuana reform advocates announced on Wednesday that they’ll be holding a policy forum inside the U.S. Capitol Building on the unofficial cannabis holiday 4/20 that will feature speakers including Senate Majority Leader Chuck Schumer (D-NY). The National Cannabis Policy Summit’s Congressional Forum, hosted in the Capitol Visitors Center’s Congressional Auditorium, will bring together advocates, experts, lawmakers, stakeholders and patients for a discussion on the need for federal reform with a focus on promoting equity. While pro-legalization festivals and forums have… Read more.

A bipartisan bill proposed in the U.S. Senate would reduce regulations for hemp farmers producing grain and fiber. The legislation, introduced last week by Sens. John Tester (D-MT) and Mike Braun (R-IN), would end background checks for farmers who are only growing the crop for fiber and grain and end mandatory sampling and testing of crops grown only for fiber or grain.   In a statement, National Hemp Association Executive Director Erica Stark said that the current federal regulatory framework “revolves around… Read more.

A bipartisan group of congressional lawmakers filed a bill this week to clarify that federal “Right to Try” (RTT) laws give seriously ill patients access to Schedule I drugs, including marijuana and psychedelics like psilocybin and MDMA. While the bipartisan measure would make a technical amendment to the text of existing law, the primary purpose is to clarify—in the face of Drug Enforcement Administration (DEA) objections—that RTT policy as signed into law by then-President Donald Trump already means that patients with terminal… Read more.

Top local officials from Washington, D.C. participated in a congressional hearing on Wednesday, sharply criticizing federal lawmakers over a policy that bars the District from legalizing and regulating marijuana sales. D.C. Council Chairman Phil Mendelson (D) told the House Oversight and Accountability Committee that “congressional interference” in local laws on issues like cannabis threatens the city’s ability to “address crime and public safety.” Residents of the nation’s capital voted “overwhelmingly” to legalize marijuana for adult use in 2014, but “Congress… Read more.

A congressional committee has approved a bill that aims to ramp up criminalization for fentanyl-related substances, while also streamlining research into Schedule I drugs like marijuana and certain psychedelics. The legislation, sponsored by Rep. Morgan Griffith (R-VA), passed the House Energy & Commerce Committee with amendments on Thursday. An amendment in the nature of a substitute was adopted by the panel, striking original provisions of the bill and replacing them with updated language that lays out penalties for fentanyl-related offenses… Read more.

Will Medicare Ever Cover Medical Marijuana? Medical marijuana is becoming increasingly popular among older adults as a treatment for various conditions. However, despite its growing acceptance, uncertain safety standards, conflicting laws, and complex regulations could delay Medicare coverage for years. In April 2022, the Medicare Plans Patient Resource Center conducted a survey showing that 20% of Medicare beneficiaries presently use medical marijuana, and nearly a quarter has used it before. The study revealed that 66% of the respondents believe Medicare should cover… Read more.

An Oregon marijuana business challenging the state’s ban on interstate cannabis commerce asked a federal judge last week to allow the case to be heard in court, arguing that the company has a “right to operate its business—federally legal or not—free of unconstitutional state laws such as the export ban.” The cannabis wholesaler, Medford-based Jefferson Packing House, sued Oregon officials in November in an effort to overturn the state export ban. Its attorneys claim the law violates the U.S. Constitution’s Dormant Commerce… Read more.

A bipartisan pair of U.S. senators have filed a bill to reduce regulations on farmers that grow industrial hemp for non-extraction purposes. Sens. Jon Tester (D-MT) and Mike Braun (R-IN) introduced the Industrial Hemp Act on Thursday—the latest piece of congressional legislation focused on the crop, which was federally legalized under the 2018 Farm Bill. As it stands, hemp and its derivatives like CBD that contain no more than 0.3 percent THC by dry weight are not controlled substances, and… Read more.

The secretary of the U.S. Department of Health and Human Services (HHS) says he’s aware that there’s significant public interest in the timeline for the administrative review of marijuana scheduling—but there are “a few hoops we need to jump through” before completing that assessment. HHS Secretary Xavier Becerra took to Twitter on Wednesday to share a media clip of his interview about cannabis with KDKA-TV that aired earlier in the week, assuring followers, “I see the comments and I know a lot… Read more.

A major alcohol industry association is officially backing federal marijuana legalization, sending a letter to congressional leadership on Wednesday that implores lawmakers to “regulate adult-use cannabis at the federal level.” The Wine & Spirits Wholesalers of America (WSWA) said that “the current conflict between state and federal law is not only causing adverse consequences for consumers and non-consumers of cannabis but will also have long-term public health and safety costs that are too great to ignore.” The association made two… Read more.

The U.S. Department of Justice has filed a brief in a federal appeals court as part of an ongoing lawsuit over the government’s ban preventing medical marijuana patients from possessing firearms. Many of DOJ’s arguments in the brief filed on Wednesday mirror points that the agency made in earlier filings in the case, including in a federal district court that dismissed the lawsuit that’s now being appealed by its plaintiffs. But the latest document places new emphasis on the “wide-ranging consequences” that… Read more.

Bipartisan congressional lawmakers have refiled a pair of bills meant to provide a pathway for the regulation of hemp derivatives like CBD as dietary supplements and food and beverage additives. The two measures that were filed on Friday—the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act and the CBD Product Safety and Standardization Act—are being sponsored by Reps. Morgan Griffith (R-VA) and Angie Craig (D-MN). Earlier versions of the bills were filed last Congress and ultimately did not advance,… Read more.

A bipartisan bill introduced in the House last week would allow individuals with drug convictions to obtain a hemp license. The 2018 Farm Bill, which expanded the federal government’s hemp legalization policies, prohibits people with a felony drug conviction within the past 10 years from cultivating hemp. The measure, dubbed the Free to Grow Act, is backed by Republican Reps. Nancy Mace (S.C.) and David Joyce (OH), along with Democratic Reps. David Trone (MD) and Senior House Agriculture Committee Member Chellie Pingree… Read more.

Bipartisan congressional lawmakers have refiled a bill to combat illicit marijuana grows on federal lands, framing it as a way that the federal government can help protect cannabis consumers’ health from banned pesticides that are often used in unregulated cultivation. While the idea of yet another stepped up federal effort to crack down on illegal cannabis production might seem like an extension of prohibitionist enforcement at a surface level, Rep. Scott Peters (D-CA) said on Thursday that the primary intent of… Read more.

A top U.S. intelligence official reaffirmed on Wednesday that it is not the federal government’s current policy to deny people security clearances based on past marijuana use alone, stating that it is counterproductive to recruitment efforts, especially amid the growing legalization movement. At a Senate Intelligence Committee hearing, Sen. Ron Wyden (D-OR) took the opportunity to ask Director of National Intelligence (DNI) Avril Haines to explain the rationale behind the discretionary policy on prior cannabis use. “We recognize, frankly, that many… Read more.

WASHINGTON—Leaders of the country’s largest intertribal religious organization met this week with federal officials and urged them to uphold Native rights to use peyote in religious ceremonies. On Tuesday, leaders of the Native American Church of North America (NACNA) convened at the Department of the Interior to ask the federal government to uphold its legal responsibilities in enforcing the American Indian Religious Freedom Act (AIRFA) of 1978. Signed into law by President Jimmy Carter, AIRFA protects the rights of Native… Read more.