Congressional Panel Asks DOJ to Review State Cannabis Laws and Consider Changes to Federal Research Restrictions
The Honorable House Appropriations Committee has formally extended an invitation to the Department of Justice to conduct a comprehensive examination of the regulatory systems governing cannabis that have been established by various states. Furthermore, the committee is advancing the position that it is of paramount importance for scientific researchers to gain the capability to study cannabis products that are presently being legally acquired by consumers in states where such purchases are sanctioned by law.
Legislative Efforts to Assess Cannabis Regulatory Frameworks in Spending Bills
This directive was articulated within the context of the reports accompanying the proposed spending bills, which were unveiled last week. These reports are part of a broader legislative effort to enact appropriations laws pertinent to the operation of multiple agencies within the federal government.
In the case of the appropriations bill that concerns the Departments of Commerce, Justice, and Science, as well as related agencies (hereinafter referred to as “CJS”), the committee has chosen to introduce new verbiage that marks a departure from the language employed in prior renditions. The committee, having taken cognizance of the fact that more than twenty states have endorsed the legalization of cannabis for adult recreational use, and an overwhelming majority permit its use for medical purposes, is earnestly soliciting the Department of Justice. They earnestly request the Department to initiate a collaborative effort with the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB), as well as other relevant entities, to conduct a coordinated assessment of the adequacy of the regulatory frameworks for cannabis that have been implemented by these states. This evaluation is to pay special attention to the shared aspects and innovative enforcement and oversight strategies within those frameworks.
The esteemed Representative Dave Joyce (R-OH), who holds the position of co-chair within the Congressional Cannabis Caucus, previously attempted to introduce analogous proposals to the language in a separate report on a different spending bill in July. The proposed amendment by Representative Joyce was intended to compel the White House to collaborate with various agencies to scrutinize and evaluate the regulatory frameworks concerning cannabis that have been adopted by the states. However, at that juncture, the Appropriations Committee decided against incorporating the congressman’s amendment. Despite this earlier rebuff, it appears that the committee’s leadership has since decided to endorse a section of the language that delineates the responsibility for this task to the Department of Justice.
Comprehensive Legislation and Research Initiatives Shaping the Future of Cannabis Policy
The meticulously drafted report language embodies Representative Joyce’s overarching ambition to ensure that the federal apparatus is thoroughly primed for the anticipated eventuality of nationwide cannabis legalization. In a distinctive endeavor, Representative Joyce has been the principal sponsor of a bill aimed to mandate the Attorney General to constitute a commission. This commission would be tasked with conducting a thorough inquiry into the state-regulated cannabis industry and subsequently, developing comprehensive recommendations regarding a regulatory framework for cannabis. This proposed framework is anticipated to mirror the regulatory mechanisms currently governing alcoholic beverages.
Within the intricate context of the Commerce, Justice, Science, and Related Agencies (CJS) bill report, there also lies a congruent discourse that addresses the quintessential topic of cannabis research. This discourse is adeptly woven with an additional, independent report for the appropriations bill, which encompasses the Department of Labor, Health and Human Services, and Education (LaborH). Both reports are harmonious in their delineation of sections that meticulously tackle the domain of cannabis research, with an emphasis that particularly gravitates towards the standardization of tests to detect impairment due to cannabis use in the context of driving.
The LaborH document articulates its narrative with greater brevity, yet it manifests unequivocal support for the development of an objective benchmark to quantify cannabis-induced impairment. It also champions the inception of a related objective field sobriety test, with the ultimate aim of enhancing vehicular safety on highways. Further to this, it vociferously calls upon the National Institutes of Health (NIH) to persist in championing a comprehensive spectrum of research pursuits that probe the multifaceted health effects engendered by cannabis and its constituent compounds. This encompasses research endeavors aimed at unraveling the impact of varying cannabis policies on pivotal public health matters, such as substance-impaired driving.
Moreover, the committee’s report acknowledges cognizance of the fact that hitherto, the majority of federal research endeavors have been circumscribed to the examination of a singular strain of cannabis. This recognition taps into a widely echoed consternation amongst the scientific fraternity and legislative members regarding the paucity of diversity in the cannabis specimens that have received federal sanctioning for research purposes. Nevertheless, it should be noted that this perspective slightly exaggerates the true scope of limitation, for the Substance Enforcement Administration (DEA)-registered cultivators of cannabis have indeed been propagating a variety of strains. Albeit, it is imperative to acknowledge that the cultivation has not occurred on a scale sufficiently expansive to encapsulate the vast array of products, each with unique cannabinoid concentration profiles that are readily procurable within state-regulated markets.
Fostering Comprehensive Cannabis Research and Safety Initiatives
The estimable committee has eloquently articulated an exhortation to the National Institutes of Health (NIH), urging the venerable institution to endorse and foster research endeavors that reflect the full spectrum of cannabinoid strains—strains that are routinely accessible and reflect the quality, diversity, and potency of products that consumers and patients encounter within the retail marketplaces of States. In addition, the committee steadfastly reiterates its endorsement for the ongoing development of definitive and objective benchmarks aimed at the quantification of cannabis-induced impairment, as well as the establishment of an associated objective field sobriety test, all in the interest of safeguarding the integrity and safety of the nation’s highways.
The tenor of the report is one of earnest request to the NIH, beseeching it to enlighten the committee on the strides it has made toward the study of cannabis. This includes broadening the accessibility for researchers to an array of cannabis strains. Such illumination is requested to be furnished within a timeframe of 120 days after the enactment of this Act, an interval that underscores the committee’s keen interest in expediting this critical area of research.
In parallel, the Commerce, Justice, Science (CJS) report echoes a kindred sentiment. It recapitulates the committee’s unyielding advocacy for the creation of an objective standard to gauge cannabis impairment and a complementary objective field sobriety test with the express aim of enhancing vehicular safety on public thoroughfares. It additionally alludes to a charge vested upon the Department of Transportation (DOT) by an infrastructure bill enacted under President Joe Biden in 2021. This mandate obligates the Secretary to convene a report to Congress delineating the research barriers that currently stymie the development of such standardized testing protocols.
The DOT, in cooperation with the Department of Justice (DOJ) and the Department of Health and Human Services (HHS), is scheduled to release the aforementioned report shortly. Senator John Hickenlooper (D-CO), who introduced the amendment requiring this report within the infrastructure bill, had previously requested an interim progress update from the DOT last year.
The report issued by the CJS continues, emphasizing the committee’s steadfast belief in the importance of research that captures the essence of the diverse, high-quality, and potent cannabis products that are conventionally available to consumers and patients through retail avenues in various States. In addition to this, the panel cites antecedent appropriations report language about the barriers encountered in cannabis research, and it commands the DOJ to render a detailed briefing on the subject. This update is to be provided within 60 days following the enactment of the bill, and, crucially, before the promulgation of the DOT report and its accompanying recommendations as necessitated by the infrastructure legislation.
Moreover, the Labor, Health and Human Services, Education, and Related Agencies (LaborH) report articulates a distinct section on harm reduction substance policy. The committee therein declares its stance that it does not endorse research into harm reduction practices or policies. The committee further stipulates that no allocated funds shall be directed toward research in harm reduction domains.
Current Legislative Efforts and Amendments in Substance Policy
The discourse embodied in the report language for these legislative bills occurs amid concerted efforts by legislators across both chambers to propel the foundational legislation that would provide funding for federal agencies for the fiscal year of 2024. This legislative session has been marked by an array of substance policy reform amendments. Despite these numerous proposals, the GOP-controlled House Rules Committee has imposed restrictions, preventing many of these amendments from ascending to the floor for broader consideration.
The distinguished panel in question is currently tasked with deliberating on further amendments, which includes assessing a recently introduced bipartisan amendment to the Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. This particular amendment harbors the intent of safeguarding all state-sanctioned cannabis programs from unwarranted federal encroachment. Concurrently, the panel is poised to consider a proposition fronted by a veteran GOP member, a notable advocate for prohibitionist policies, aimed unequivocally at forestalling the Biden administration’s potential endeavors to reclassify cannabis within the federal scheduling system.
Amongst the assortment of proposals under scrutiny, there exists a salient amendment proffered by Representative Robert Garcia (D-CA), which is devised to obstruct the allocation of funds to conduct cannabis substance tests on federal job applicants. This legislative attempt by the congressman is not without precedent; he has consistently introduced variations of this reform across a multiplicity of spending bills throughout the current year, albeit to no effect thus far.
In a recent dialogue, Representative Garcia imparted his conviction that federal legalization of cannabis is a reform whose advent has been significantly protracted. In the interim, he draws upon his formative experiences as the Mayor of Long Beach, where he spearheaded reforms to the municipal workplace cannabis policies, as a wellspring of inspiration and guidance for his legislative pursuits at the congressional level.
Moreover, Representative Garcia is at the forefront of another commendable amendment under the CJS bill that seeks to extend protection to jurisdictions that have legalized psilocybin for therapeutic applications. This initiative has been collaboratively filed with Representative Earl Blumenauer (D-OR), a distinguished founding member of the Congressional Cannabis Caucus who has recently disclosed his intention not to partake in the electoral process for reelection in the forthcoming year.
Recent Developments in Cannabis and Psychedelics Legislation
The fate of this measure within the purview of the GOP-controlled Rules Committee remains shrouded in uncertainty. However, in an interesting turn of procedural events, the panel has previously granted permission for separate, GOP-initiated amendments concerning psychedelics to proceed to the floor for discussion. These were part of an alternative appropriations bill which subsequently garnered approval from the entirety of the House.
One of the amendments thus ratified permits doctors within the Veterans Affairs (VA) system to extend medical cannabis recommendations to veterans. Another encourages diligent research into the potential therapeutic benefits of psychedelics, including but not limited to psilocybin and MDMA.
Correspondingly, the Senate recently passed a bill that comprises a similar clause allowing the VA to issue medical cannabis recommendations to veterans residing in states where such use is legally sanctioned. This legislative move sets the foundation for a forthcoming conference with the House.
Additionally, the House gave its ascent in September to a couple of measures dedicated to psychedelics research and an amendment aimed at instituting federal labeling requirements to inform about the interactions between cannabis and prescription medications. These were included as part of the Department of Defense (DOD) appropriations bill.
On the Senate’s front, the legislative body ratified defense legislation in July that includes stipulations designed to prevent intelligence entities, such as the CIA and NSA, from withholding security clearances from applicants solely based on their prior cannabis usage. However, various other cannabis-related propositions, including one from Senator Brian Schatz (D-HI) which would sanction medical cannabis usage by veterans, were not incorporated into the National Defense Authorization Act (NDAA).
In the House’s iteration of the NDAA, more than a dozen amendments about cannabis and psychedelics were met with obstruction by the Rules Committee in July. Among these obstructed items was a proposal by Representative Garcia, which would have averted the denial of security clearances to federal workers based on their past use of cannabis.
Nonetheless, a glimmer of progress was observed in September when the House Oversight and Accountability Committee endorsed a bipartisan bill in isolation. This bill is crafted to eliminate the possibility of denying federal employment or security clearances solely on the grounds of a candidate’s historical cannabis consumption.
