Cannabis just had a victory in Congress. But the industry and its supporters may not want to get too excited just yet.

The US House of Representatives on Friday passed a bill to end the federal prohibition on cannabis. But the historic voteon the landmark legislation — which if put into law would be momentous for the emerging multibillion-dollar cannabis industry and broader social justice movements — ultimately is largely symbolic.

For now, the House is likely to be the last stop on the line for the Marijuana Opportunity Reinvestment and Expungement Act of 2019 (MORE Act), which would effectively legalize cannabis by removing marijuana from the Controlled Substances Act and creating a shared federal-state control of cannabis programs — although it does not force states to legalize. The bill also would reduce barriers to research, solve current banking and tax woes, expunge some cannabis offenses and further diversify efforts in the industry.

Although public sentiment for cannabis legalization has grown, not all in Congress — notably Republican Senate Majority Leader Mitch McConnell — feel the same.

“I would give it less than a snowball’s chance of passage in the Senate,” said drug policy expert John Hudak, the deputy director of the Center for Effective Public Management at the Brookings Institution think tank.

Any bill not signed into law by the time Congress adjourns on January 3 will have to be reintroduced, so that most likely will be the fate for the MORE Act or any other prominent cannabis-centric legislation, said Jodi Avergun, a former US Drug Enforcement Administration chief of staff who is now a partner at Cadwalader and chair of the law firm’s white collar defense and investigations group.

“In my view, more than anything, the House wanted to show the incoming Biden administration that it is serious about cannabis reform and that it expects the administration to advance the ball on legalization or descheduling,” Avergun told CNN Business. “Folks were disappointed that Biden’s transition documents did not reiterate the cannabis loosening pledges he made during the campaign. Maybe this is a subtle statement that the House did not forget what Biden had promised during the campaign.”

However, while industry advocates hailed the passage of the bill, not all were pleased with some last-minute revisions that they say watered down the criminal justice and social equity provisions of the bill, including narrowing where tax dollars can be appropriated and who would be eligible for records expungement, said Maritza Perez, director of the office of national affairs at the Drug Policy Alliance.

“While we recognize and celebrate the historic nature of today’s vote, we know we need to put in significant work in the next Congress to build a bill that fully aligns with our principles,” she said in a statement.

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On Friday, the U.S. House of Representatives voted in favor of the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act in a 228-164 vote. This vote marks the first time in half a century that a chamber of Congress has voted on a bill to end the federal prohibition of marijuana.

The MORE Act is one of the most robust marijuana reform bills ever introduced in the U.S. Congress. If enacted, the MORE Act would end the war on cannabis at the federal level by removing it from the Controlled Substances Act and ending criminal penalties under federal law.

Statement from Steven Hawkins, executive director at the Marijuana Policy Project:

“Today’s vote marks a historic victory for the marijuana policy reform movement. It indicates that federal lawmakers are finally listening to the overwhelming majority of Americans who are in favor of ending prohibition and comes at a critical time as this important measure addresses two key challenges we currently face.

“Serious criminal justice reform cannot begin in our country without ending the war on cannabis. The MORE Act would set federal marijuana policy on a path toward correcting an unfair system and help restore justice to those who have been victimized by prohibition. This legislation would also help address our country’s fiscal and economic challenges by empowering states to implement programs that can stimulate economic growth and generate new tax revenue at a time when both are  desperately needed. We call on the Senate to listen to the American people and pass the MORE Act without delay.

“While the MORE Act includes many important steps toward federal cannabis reform, it falls short of a perfect bill and at least one provision can hopefully be removed before final enactment. An amendment inserted in the final days before today’s vote would empower the federal government to prevent Americans who have been charged with cannabis-related felonies from working in the marijuana industry. This policy could block many of those individuals accused of prior marijuana offenses from participating in the legal market, which will inhibit our ability to create an equitable and fair marijuana industry. The fact that it might apply to people who were never even convicted of a crime makes it particularly unacceptable.

“Not only does this requirement violate both the spirit and intent of this historic legislation, it is strongly at odds with many of the provisions contained in MORE itself, including the expungement of records and efforts to remove barriers from past convictions. While MPP strongly supports the MORE Act, we will continue working with bill sponsors, lawmakers, and allies to remove unfair provisions that perpetuate past harm.”

In addition to federally decriminalizing and descheduling marijuana, the MORE Act contains strong social equity provisions with an emphasis on restorative justice for communities most impacted by cannabis prohibition. The bill would require federal courts to expunge prior cannabis-related convictions and provide for resentencing; provide grants and funding to communities most harmed by the war on cannabis; lift barriers to licensing and employment in the cannabis industry; block federal agencies from denying public benefits or security clearances due to cannabis use; protect immigrants from being denied citizenship over cannabis; and allow VA physicians to recommend medical cannabis to veterans. A summary of the bill’s key provisions can be found here.

According to the latest Gallup poll, 68% of Americans support marijuana legalization. To date, 15 states have legalized marijuana for adults 21 and over and 36 states have legalized medical marijuana. On Election Day this year, voters in Arizona, Montana, New Jersey, and South Dakota approved marijuana legalization ballot initiatives.

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This week, House Majority Leader Steny Hoyer announced plans for a December vote on the MORE Act, which would federally decriminalize cannabis by removing it from the Controlled Substances Act. Elsewhere, in New Jersey, Sen. Nicholas Scutari introduced legislation to implement the state’s adult-use cannabis program, just days after voters passed a legalization initiative on Election Day.

Here, we’ve rounded up the 10 headlines you need to know before this week is over.

• Federal: The U.S. House is planning a December floor vote on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, legislation that would federally decriminalize cannabis by removing it from the Controlled Substances Act. In a Nov. 9 letter to colleagues, House Majority Leader Steny Hoyer outlined the legislative schedule for the lame-duck session in November and December, and said lawmakers will take up the bill next month after postponing a September vote on the legislation. Read more
• Nearly seven in 10 Americans support legalizing the possession and use of cannabis by adults, according to nationwide polling data compiled and reported by Gallup. Sixty-eight percent of respondents endorse legalization—the highest percentage of support ever reported in a national Gallup poll. Read more
• New Jersey: New Jersey Sen. Nicholas Scutari (D-Union) has introduced legislation to implement the state’s adult-use cannabis program, just days after voters passed a legalization initiative on Election Day. The bill, S.21/A.21, outlines how the state’s newly legal cannabis industry will operate, and largely mirrors an unsuccessful legalization bill Scutari sponsored last year. Read more
• In another effort to roll out the state’s adult-use cannabis market, New Jersey Gov. Phil Murphy has named two members to the state’s five-member Cannabis Regulatory Commission, which will oversee the state’s medical and newly legal adult-use cannabis industries. Murphy has named Dianna Houenou, associate counsel and senior policy adviser to the governor and former policy counsel for the ACLU-NJ, as the chair of the commission, and Jeff Brown, the current assistant commissioner of the Department of Health who oversees the state’s medical cannabis program, as the executive director of the commission. Read more
• Tennessee: Sen. Janice Bowling (R-Tullahoma) has announced plans for a new medical cannabis legalization bill. Bowling, who has backed legislation to legalize medical cannabis in the state for years, plans to introduce the new bill when the state legislature re-convenes in January. Read more
• Massachusetts: Gov. Charlie Baker has issued an executive order to implement a coronavirus-related business curfew that requires all adult-use cannabis sales to end at 9:30 p.m., although medical cannabis sales can continue past the curfew under the order, which went into effect Nov. 6. The rules are part of a new stay-at-home advisory, which aims to address a second wave of COVID-19 cases in Massachusetts. Read more
• Pennsylvania: The Pennsylvania Medical Marijuana Advisory Board held a quarterly meeting this week, where it rejected adding insomnia to the state’s list of qualifying conditions. The board voted 7-4 to reject insomnia as a new qualifying condition, and tabled a discussion on whether to add traumatic brain injuries to the list. Read more
• Texas: State lawmakers have pre-filed several bills that would expand Texas’ medical cannabis program and legalize adult-use ahead of the 2021 legislative session. New legislation introduced by Sen. Jose Mendez, S.B. 90, would allow doctors to recommend medical cannabis to patients with any condition they deem necessary, while Rep. Roland Gutierrez has pre-filed S.B. 140 to legalize adult-use cannabis in the state. Read more
• Illinois: Sangamon County Judge Adam Giganti has allowed Illinois regulators to rescore cannabis applications as part of the state’s controversial licensing process to issue 75 new dispensary licenses. On Nov. 12, Giganti denied a request to bar officials from rescoring the applications, ruling that the plaintiffs have not shown that they will be irreparably harmed by allowing the licensing do-over to continue. Read more
• Montana: The Montana Department of Revenue has announced preparations for licensing adult-use cannabis businesses. The department will make cultivation and retail licenses available by Oct. 1, 2021, and under Montana’s recently approved adult-use cannabis law, only licensed medical cannabis businesses can apply for adult-use licenses for the first 12 months after they become available. Read more

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Leadership of the House of Representatives is moving toward holding a floor vote on a comprehensive federal cannabis legalization bill in September, multiple sources familiar with the developing plan tell Marijuana Moment.

The Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—introduced by Judiciary Committee Chairman Jerrold Nadler (D-NY) last year—has already cleared his panel and was referred to several other committees. In the months since, advocates have been eagerly awaiting further action to advance the legislation to the floor.

While the coronavirus pandemic has stalled legislative efforts on a wide range of issues, sources in the advocacy world and an aide to a key House committee chair say that a floor vote of the MORE Act is now being planned for September.

The mechanics of that plan are tricky, as several additional committees would have to either hold their own markups on the bill in the coming weeks amid the pandemic and a planned August recess, or the chairs would have to waive jurisdiction outright, as the Small Business Committee has already indicated it will. The aide to a committee chair who spoke to Marijuana Moment did so on background only in order to be able to candidly discuss plans that haven’t yet been publicly announced by House leaders.

“Looking at the legislative calendar, realistically we have limited time to get this on the House floor for a vote before time runs out and Congress has to turn their attention elsewhere,” Queen Adesuyi, policy manager for the Drug Policy Alliance (DPA), told Marijuana Moment.

DPA is also part of a coalition, including the ACLU, Human Rights Watch and NORML, that circulated a letter on Wednesday urging Congress to move on the bill, arguing that the COVID-19 outbreak has underscored the need for reform. The legislation currently has 78 cosponsors.

“This Congress, the House made history when it passed an industry-led marijuana bill,” Adesuyi said, referring to the passage of cannabis banking legislation. “It would be shameful for them, as one of the most progressive group of electeds in recent memory, to end the year without addressing victims of the war on drugs or centering those most adversely impacted by marijuana’s criminalization. We need the MORE Act now.”

In addition to that floor vote on the standalone banking bill last year, the House approved its provisions again as part of a coronavirus relief package in May.

The MORE Act would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

It would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.

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In November of 2019, a Pew Research study revealed that 9 out of 10 Americans favor legalization of either medical or recreational/adult-use marijuana. As a political issue, the study found that a majority of Republicans—55%—and a majority of Democrats—78%—were in favor of legalization. American voters no longer believe marijuana should remain a criminalized, Schedule I substance. This is not shocking. The people have spoken, the money is flowing, and the globe keeps on spinning.

As his 2020 presidential campaign rolled out, former Vice President Joe Biden took the position that marijuana should be decriminalized, but not legalized. He justified his position by citing the debunked “gateway drug theory,” which even the National Institute on Drug Abuse (NIDA) has acknowledged lacks scientific merit.

Recently, a task force formed between Biden and Senator Bernie Sanders issued a number of criminal justice reform measures. This is not yet Biden’s or the Democratic Party’s official platform stance, but it is instructive.

The joint task force findings do not recommend the federal legalization of marijuana, but rather look toward decriminalization and deferring to the states for their judgment(s) on medical or adult use marijuana legalization. As I’ve touched on before, this follows the philosophy of the Republican-supported States Act.

The task force further indicates that the federal government will not prosecute state-related marijuana crimes, and would view marijuana violations as something to be addressed with drug treatment rather than incarceration.

The task force also recommended not launching federal prosecution for legal matters at the state level – an obvious reference to Attorney General William Barr, accused of inappropriately using Justice Department funds to target the legal cannabis industry. Whether or not Barr abused his power remains to be seen.

Despite the overwhelming support of voters, the Biden-Sanders task force recommendations stop short of marijuana legalization. Why? Isn’t this a blue issue? Not so fast.

It’s been said that marijuana legalization is the “superweapon” that Biden refuses to use. The mere fact that Biden refuses to use this superweapon is indicative of Democratic policy, which has consistently favored the pharmaceutical industry and regulatory policy lane. This was Hillary Clinton’s position, equal to the rescheduling of cannabis to a Schedule II substance. This overall conservative approach to marijuana by the Democrats in the upcoming election is strategic – lay low and don’t say anything controversial.

Can the Democrats win an election based simply on the perceived disdain toward Trump, rather than having excitement and support for their own candidate? Are the Dems trying not to lose, rather than trying to win, playing it safe rather than setting forth an agenda – a hollow jack and the winner take the hand. The task force’s position on marijuana indicates that they see the issue as a distraction, one that could cause voters to abstain or switch party lines.

It’s unfortunate to watch the Democrats not see the opportunity for social progress by using cannabis as a vehicle for change. Legalizing marijuana is about undoing a century of racist drug policy that disproportionately targets Black and Latino communities — an issue ripe for the Democrats to own. Not to mention job creation. What does the country need right now in the face of a COVID-induced economic crisis? Jobs.

Perhaps Biden doesn’t want to be called a hypocrite. He did advance policy which included strict enforcement for drug crimes and mandatory minimum sentences, all of which disproportionately affected minorities. Again, 55% of Republicans support legalization. The days of Jeff Sessions’s prohibitionist policy are over. The native son just lost the Alabama primary.

A new breed of young Republicans have supported this issue. Whether that’s Cory Gardner in Colorado and his support of the States Act, or former California representative, Dana Rohrabacher, an Orange County Republican so in favor that he enacted the spending legislation with Democrat Sam Farr – the Rohrabacher Farr Amendment – to prohibit federal interference to state marijuana programs.

For Republicans, marijuana legalization is big business. At the end of the day, this is now an essentially designated business responsible for creating at least 250,000 new jobs across the country. All the core conservative platform issues are present: personal freedoms, liberty, and states’ rights. While our current President is a wildcard on this issue, and most others, these principals align with the GOP.

The legalization and commercialization of marijuana has taken the world by storm. Dozens upon dozens of countries are enacting marijuana legalization and commercialization reforms – some specifically because of the economic potential of the cannabis industry to combat a COVID-exacerbated recession.

A proactive candidate would recognize these issues. But here we are in America – skyrocketing cases of the virus, a mobilizing social movement for racial equality, and facing one of the deepest political divides in our nation’s history.

All the while, the marijuana issue just sits there, waiting to be seized. Since Joe looks to let it lie, perhaps the opportunity rests with the Republicans.

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