The Democratic cochairs of the Congressional Cannabis Caucus reintroduced a new resolution that “urged action to increase equity in cannabis policy and legal cannabis markets,” calling for not only state and local decriminalization, but also encouraging adoption of “best practices” specific to regulated markets.
The measure expresses also the “sense” of the House that President Joe Biden directs administration officials to lobby United Nations and the Commission on Narcotic Drugs “to deschedule marijuana from the international drug-control treaties, to expunge or forgive legal penalties related to certain low level marijuana offenses and to treat cannabis as legal commodity,” effectively ending near-global marijuana prohibition.
On Thursday, Reps. Earl Blumenauer (D) and Barbara Lee (D) introduced the Realizing Equitable Sustainable Participation in Emerging Cannabis Trades Resolution (RESPECT), along with six cosponsors who are all Democrats. The resolution encourages state and local governments to “adopt best practices and take courageous steps” in order to implement a number reforms around marijuana in order to address disparities of participation in legal markets and “address and reverse the most egregious consequences of the War on Drugs”.
In the resolution, it is stated that the people and communities who have suffered the most from marijuana prohibition will benefit the least from legal cannabis markets and other reforms.
In a recent press release Lee stated that cannabis equity was long overdue. This bill will ensure that all communities, including those who are disenfranchised, can benefit from the new legalized and regulated cannabis industry.
The legislation encourages fundamental reforms which currently contradict federal law, including eliminating criminal penalties for cannabis use and possession, as well as making sure that public benefits such as housing cannot be denied due to a marijuana conviction.
The report calls for automatic record sealing or expungement processes to be implemented around cannabis crimes, forfenders convicted of crimes whose penalties have been reduced or eliminated as well as resentencing for those who were convicted for crimes whose penalties had been reduced or removed. It also calls for an end to “suspicionless drug testing” for jobs that are not safety-sensitive.
The nine-page Resolution also endorses state and local licensing policy to prioritize long-term residents, low-income families, former incarcerated individuals, those who have committed drug law violations in the past, and people living in heavily policed areas. The resolution calls for “policies that prevent wealthy investors and large corporations from being able to obtain significant revenue generated by licensed holders who are prioritized.”
Marijuana Moment tracks more than 900 bills relating to cannabis, psychedelics, and drug policy in state legislatures as well as Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
It tells the state and local government to adopt laws and regulation to “allow small cultivators thrive in the legal marketplace.”
Blumenauer’s press release noted that marijuana has now been legalized for adults in almost half of the states, Washington D.C., and many territories.
He said that as more states legalize marijuana, the need for federal action grows. It is crucial that the legalization of cannabis fully addresses the harm caused to communities of color. We must ensure that there is equal access to the multi-billion dollar cannabis industry.
The legislation identifies some best practices. It encourages the granting of licenses at the local level, according to the rules that meet the minimum standards established by the states.
It says that other steps to support equitable licensing include eliminating broad felony restriction for license applicants. Previous cannabis convictions are explicitly prohibited as a justification for denying licenses.
At its reintroduction a number of drug reform groups endorsed it, including the Drug Policy Alliance, NORML and the Better Organizing to Win Legalization PAC.
Maritza Perez-Medina, DPA director of federal affairs said that the RESPECT resolution illustrates “what’s necessary to achieve justice, equity, and fairness.”
The war on marijuana has been causing massive damage to communities in our country for decades. “We are proud to back this resolution, which not only codifies the harms done at home and abroad but also shows us where we should go next,” said she.
The legislation also encourages the use of tax revenue generated by marijuana sales with equity in view. The legislation recommends a portion of the money be set aside for the communities, most often people of colour, who “have been the most affected by cannabis and the drug-war.” Other funds should go towards small business investment fund “to support people from color to enter the legal cannabis industry.”
Justin Strekal said, BOWL’s founder: “For far too long this country has weaponized marijuana criminalization with surgical precision to target people of color. It’s time for us to collectively correct these past wrongs.” Cannabis reform would be a travesty if it did not include reparative justice measures.
Disclosure: Strekal is a monthly Patreon contributor to Marijuana Moment.
Morgan Fox, NORML’s political director, stressed that the goal of legalization is broader than simply ending prohibition.
He said that as we move closer to ending the disastrous experiment of cannabis prohibition in our country, it’s important to continue to focus on making those who suffered most from these policies whole. “We must look for ways to help those who have been disproportionately affected by cannabis prohibition to benefit from the regulated markets and directly address the harms caused to individual cannabis users for their past or present use.
Lee and Blumenauer introduced the RESPECT Resolution for the first time in June 2018. Lee stated at the time that “we need to address systemic exclusion, and discrimination.” We will only perpetuate and encourage the injustices that have occurred in the past, where brown men spent their entire lives behind bars for cannabis while white communities made money off the industry.
Lee was a vocal advocate for marijuana equity at Congress. In 2019 she introduced three cannabis-related social injustice bills in one day. This included the second version of the RESPECT resolution.
In the wake of more states legalizing marijuana, critics have warned about regulations which allow large businesses dominate the market at the expense for opportunities that are available to the communities who bear the brunt in the criminal war against drugs. In response to the growing demand that people who have been harmed by prohibition benefit directly from policy changes, more states are incorporating equity principles and programs in legalization bills. They also target grant money towards overpoliced regions.
Blumenauer announced his decision to not run for re-election in October, after spending nearly 30 years in Congress. The following month, he told Marijuana Moment that he intended to make the most of his remaining time as a congressman. He said he still had hope the Biden Administration would heed the will and of the voters to end cannabis prohibition.
The lawmaker explained that “this can be done administratively.” If I was Joe Biden, and wanted to make amends with young voters – especially young voters of colour – for having been on the wrong side in the failed drug war, this would be the single thing that would accomplish it.
In a recent letter to Congress, the Drug Enforcement Administration (DEA), in the midst of a federal rescheduling process, said that it reserves “the ultimate authority” for any scheduling decisions on marijuana regardless of the U.S. Department of Health and Human Services’ (HHS’) recommendations.
Last August, reports surfaced that HHS had advised DEA to reschedule cannabis under the Controlled Substances Act. Accordingly, Schedule III was the result of a rescheduling request from Biden 2022.
The U.S. Senate has been slow to consider a bipartisan bill that would protect banks who work with state-legal cannabis businesses. The Secure and fair Enforcement Regulation (SAFER), Banking Act was approved by the Senate Banking Committee on September 20, 2023. However, it never made it to the Senate floor despite repeated promises from the leadership to move the bill forward.
In December, Senate majority leader Chuck Schumer (DNY) reiterated that the bill would be one of the top priorities for the chamber heading into the New Year, but he warned that bipartisan cooperation was required and the work “wouldn’t be simple.”
Blumenauer is still optimistic about the year ahead. He said earlier this month that the stage was set for a “productive year” of federal marijuana reform, with lawmakers poised to leverage “tremendous, bipartisan investments” starting in 2023.
Feds To Release Marijuana Rescheduling Memo and Related Documents “In Their Entirety” In Response To Lawsuit
The post Congressional Resolution Urges Equitable Marijuana Markets and Pushes Biden to Advocate for Global Cannabis Reform at UN first appeared on Marijuana Moment.
