Cannabis policy observers wonder how the new GOP leadership, after the historic vote on Tuesday to remove Kevin McCarthy as House Speaker, will address marijuana banking, legalization, and other reforms.
It is still unclear who will be the next speaker of the House. However, both Majority Leader Steve Scalise and Chairman Jim Jordan from the Judiciary Committee (R-OH), have declared that they are interested in the position. If either of them is elected speaker, marijuana reformers may be in for a tough time.
McCarthy’s election as speaker gave advocates and stakeholders some hope that bipartisan cannabis banking legislation, and perhaps other modest reforms could be advanced under Republican leadership. McCarthy has voted twice in favor of marijuana banking legislation. The bill is currently led by the Senate and it’s moving through committee. It could be sent to the House pending floor action.
He did vote against the legalization bill and criticised Democrats in 2020 for scheduling a voting on reform legislation. He said that the party “plucked weed before the workers.”
McCarthy promised to Rep. Nancy Mace, R-SC, that her marijuana legalization bill would be marked up in committee. This has not yet happened, and Mace used broken promise from McCarthy to explain why she voted on Tuesday to remove him. She did not explicitly mention the marijuana markup promise.
Since they were elected to federal office, Jordan and Scalise have, on the other hand, opposed nearly every cannabis measure before them.
This includes legislation on cannabis banks, shielding state law from federal interference, industrial hemp, protecting state CBD program, allowing VA doctors to issue medical cannabis recommendation and revising the cannabis-related clearance policy for federal employees.
Another question is whether they would actively block marijuana banking reform, if it was supported by both parties. The GOP House is expected to amend the Senate’s version or present their own. If the version is part of broader legislation as some believe, it’s unlikely that a speaker will go out their way to intervene.
First, we have to get the bill through the Senate. As for timing, we weren’t going to send the bill over there tomorrow,” Don Murphy told Marijuana Moment Wednesday.
Murphy, a former Maryland state legislator and Republican, stated that “this might suggest that it is more likely that a House Bill or House Version will be amended onto a larger bill.” Because floor time is the enemy. It’s not an entirely new speaker. Jim Jordan is not the speaker. It’s Steve Scalise. “The enemy is the time and that’s what we are concerned about.”
Rep. Jim Jordan (R-OH)
Jordan, the chair of Judiciary Committee has voted against 26 cannabis reforms during his tenure. This includes measures to legalize cannabis and promote cannabis research.
Jordan, as ranking member of Judiciary Committee, blasted House Democrats’ move to legalize marijuana through the Marijuana Opportunity, Reinvestment and Expungement Act (MORE), calling this a “radical, Democrat priority”.
Jodan also wrote a section on “minority viewpoints” in an extensive report that was prepared for House legislators last year. detailed the GOP arguments against legalization bill before it reached the floor.
It said that the bill was a huge federal subsidy for the marijuana industry. This extreme and unwise legislation would allow bad actors and criminal transnational organizations to further exploit America’s addiction crisis.
According to the document, the minority party at the time believed that the reforms would “incentivize transnational criminal groups and bad actors to flood American streets” with drugs.
It seems unlikely, however, that Jordan will allow a newly re-filed version of MORE Act to pass through his chamber. If he were to become speaker, it would raise even more questions about what legislation, if any, might make it through the chamber, including cannabis banking legislation.
Rep. Steve Scalise (R-LA)
Scalise has, on the other hand, voted twice against bills such as the MORE Act or the SAFE Banking Act. These are just two of the 23 cannabis reform bills he has opposed.
Scalise co-sponsored Bill, which included a provision that explicitly prohibited people from obtaining welfare assistance in cannabis stores.
While he had previously surveyed constituents on their opinions about marijuana legalization his office said that he personally opposes the reform. In part, he believes that cannabis is a portal to more dangerous drugs.
He was one of many Republican members of Congress who blasted Democrats for scheduling a vote in 2020 on the MORE Act, dismissing its significance and arguing it was an inappropriate moment to bring it up. also criticised last year’s votes on the bill.
Scalise, unlike Jordan voted in favor of a reform proposal – a bill to expand marijuana research which President Joe Biden signed later into law.
Insiders have also floated other names as potential candidates for the position of speaker. This includes House Financial Services Committee Chair Patrick McHenry, R-NC. His panel is likely to have jurisdiction over the Cannabis Banking Bill. Also included are Reps. Kevin Hern, R-OK; Jodey Arrington, R-TX; Mike Johnson (RLA); and Tom Cole, R-OK.
McHenry is serving as speaker pro-tempore. He opposes cannabis bank legislation, but has stated that he won’t block its advancement. McHenry’s official speakership could be a serious threat to the marijuana banking legislation if his successor as chair of Financial Services Committee, Rep. Pete Sessions, (R-TX), a member who is currently ranked high on the committee, was more hostile towards the issue.
The following is a list of times that both members voted no to marijuana reform (with some exceptions):
Legalize marijuana
Protect state medical marijuana laws
Protect all state marijuana laws
Protect state CBD laws
Stop marijuana from being used as a reason for denial of security clearance
Expand medical cannabis research
- 2022 (Scalise voted yes)
VA doctors can recommend medical marijuana
Protect industrial hemp programs
Marijuana banking access
Removing cannabis research barriers to express support for legalization
Scalise, Jordan and Scalise supported an anti-reform amendment to remove protections from universities that study cannabis.
Research hemp programs
More Act to Legalize Cannabis: Committee votes on the Act
Other Leadership Positions
If Scalise is elected speaker, it could set in motion a series of events that will replace his current role and possibly others.
Tom Emmer, the House Majority Leader (R-MN), is planning to run for majority leader. This would increase his influence within the chamber. Emmer has a more favorable attitude towards marijuana reform than any of the declared candidate speakers.
Emmer, who voted against federal legalization through the MORE Act, has said that marijuana laws should be left to the states. He also supports modest reforms to cannabis legislation, such as industry banking protections.
“I have no problem with the idea of leaving the criminalization to the states. In fact, I believe it is long overdue.” “I mean, federalism is what it’s all about,” said in , adding that his objection to the MORE Act was based on disagreements over the details of expungements provisions.
He cosponsored the SAFE Banking Act and voted for it twice. However, he is not listed as a sponsor of the current version.
Emmer co-sponsored legislation that allows cannabis businesses to claim federal tax deductions. He also voted in favor of the Medical Marijuana and Cannabidiol Research Expansion Act and EQUAL Act, which aims to eliminate the disparity in federal sentences between crack and powder cocaine.
While in office, he also supported amendments that would protect state cannabis programs against federal interference.
However, he opposed amendments that would have allowed VA doctors to prescribe medical cannabis to vets, as well a proposal for lifting Schedule I research restrictions. The congressman also supported an amendment that was defeated to remove language in the spending bill protecting universities from losing federal funding if they study marijuana.
Rep. Guy Reschenthaler, (R-PA), is also reportedly interested in Emmer’s position as majority whip if the post becomes vacant.
Reschenthaler and Rep. Troy Carter (D-LA), last year, to permit state-legal marijuana companies to be listed on national Stock Exchanges.
In 2019, he also sponsored a law that would automatically seal federal records for marijuana convictions.
The congressman also repeatedly pressed the Biden administration for increased diplomatic efforts in order to secure the freedom of Marc Fogel. He is a U.S. Citizen incarcerated by the Russian authorities over possession of medical cannabis that he acquired as a registered Pennsylvania patient and used to treat his pain with an opioid alternative.
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Photo by Chris Wallis // Side Pocket Images.
The first time Marijuana Moment was published, the post What a New House Speaker Means For Marijuana Reform Including Banking.
