Historic HR 3884 passes the House
On Friday, December 4th, 2020, the US House of Representatives passed landmark legislation that, among other things, would de-schedule cannabis from its current Schedule I status and open the door to full decriminalization of marijuana. The 228-168 vote was nominally bipartisan, but did little to tarnish the historic legislation, being the first time that either chamber of Congress has ever voted to legalize cannabis.
The Congressional vote was on the heels of the United Nations endorsing the World Health Organization’s (WHO) recommendation to decriminalize cannabis earlier in the week.
As noted in earlier blogs, HR 3384 would remove cannabis from the Controlled Substance Act, where it is currently listed as a Schedule I substance. The Food and Drug Administration (FDA), under the enforcement arm of the Drug Enforcement Agency (DEA,) characterizes Schedule I drugs as 1) dangerous even in the hands of trained medical professionals, 2) having no currently accepted medical treatment use in the United States, and 3) having a high potential for abuse. Other Schedule I drugs that are being used medicinally (albeit illegally, except in Oregon) include LSD, peyote, mescaline and psilocybin.
The gross hypocrisy of the FDA’s listing cannabis as a Schedule I drug is highlighted by the fact that the US government already holds a patent for cannabidiol (CBD), perhaps the most well recognized cannabinoid found in certain strains of cannabis, as a neuroprotective agent. Additionally, the FDA has already approved the use of Sativex, a plant-based 1:1 extract of THC and CBD from GW Pharma for the treatment of muscle spasticity in patients with multiple sclerosis. The FDA also granted Investigational New Drug status to a plant-based CBD extract from GW Pharma, called epidiolex, a drug used for the treatment of seizures. And currently 35 states have legalized some form of medical marijuana. So, it’s only fitting that Congress at least be honest with the American people and begin to make amends for the decades of political malfeasance surrounding cannabis.
Although political insiders say that passage of HR 3884 has a zero chance of passage in the Senate, there is reason for hope for permanent cannabis reform. Of interest for cannabis advocates, HR 3884 was spearheaded by Representative Jerry Nadler (D-NY) and Senator (and vice-president-elect) Kamala Harris (D-CA). With the inauguration of the president-elect Biden and vice-president-elect Harris, one would certainly expect that serious cannabis reform is just around the corner.
Republican opposition to HR 3384 was cited to be based upon the bill’s proposal for reparations to certain individuals who were non-violent, economic victims of the country’s draconian cannabis prohibition laws. Republicans also chided Democrats for passing cannabis reform legislation in the midst of the COVID-19 pandemic.
Importantly, another bill working its way through congress is the Strengthening the Tenth Amendment Through Entrusting States (STATES) act. The bipartisan bill proposed by Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) ensures that each state has the right to determine for itself the best approach for cannabis use within its borders.
And another interesting development is the possible passage of the SAFE Banking Act which will allow banks and financial institutions to legally do business with the cannabis industry without fear of federal arrest or prosecution. The bill’s language was included in the COVID relief package earlier this year but stalled in the Senate. But should another COVID relief package get passed before the end of the year, there’s a reasonable chance the SAFE Banking Act could be part of that aid package.
As always . . . call your Congresspersons and ask them to support this important cannabis reform legislation.
https://www.house.gov/representatives/find-your-representative
https://congresslookup.com