Federal Policy

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.