Progressive Lawmakers Want Biden to Act on Pot Before Leaving Office, DPA Issues Draft Executive Order on Marijuana, More... (11/26/24)

President-elect Trump's FDA nominee holds some old-fashioned views on marijuana, Pittsburgh has an ordinance protecting the employment rights of medical marijuana patients, and more. 

President-elect Trump's nominee to head the FDA thinks marijuana is a gateway drug. (Pixabay)

Policy

Progressive Lawmakers Call on Biden to Act on Marijuana Policy Before Leaving Office. In a letter to Joe Biden, a group of progressive lawmakers called on the outgoing president to make additional reforms to federal marijuana policy before he leaves office. Reps. Barbara Lee (D-CA), Earl Blumenauer (D-OR), Ilhan Omar (D-MN), and Sens. Elizabeth Warren (D-MA) and Ron Wyden (D-OR) called on Biden to move marijuana from a Schedule I to Schedule III controlled substance. 

But while that would be progress, the lawmakers wrote, "it will not end federal criminalization, resolve its harms, or meaningfully address the gap between federal and state cannabis policy. Possession and use of recreational marijuana — and much state-legal medical marijuana — will continue to be a violation of federal law," the letter says. 

The letter also calls on Biden to expand the limited pardons and clemencies he has issued to marijuana offenders: "President Biden should issue broader clemency — including another round of pardons and commutations to reduce sentences or end terms of — for individuals convicted of other cannabis-related offenses. Additionally, the President should again urge state governors to expand marijuana clemency and decriminalize low-level marijuana conduct under state law."

And the letter asks Biden to have the Justice Department update Obama-era guidance to not prosecute people for marijuana offenses for activities that comply with state laws. 

"Rescheduling marijuana and the prior round of pardons must not be the end of this Administration’s historic work to use its executive authority to undo the damage of federal marijuana policy," the lawmakers wrote on Tuesday. "As we continue to work toward legislation to end the federal criminalization of marijuana and to regulate it responsibly and equitably, we urge prompt administrative action to tackle the harms of criminalization — particularly for the benefit of communities most harmed by the War on Drugs."

Drug Policy Alliance Unveils Proposed Executive Order on Marijuana Reform. The Drug Policy Alliance (DPA) has released a proposed executive order that serves as a model for how the president can utilize executive and administrative authority to advance federal marijuana reform that prioritizes fairness and public health.

The proposed order outlines a comprehensive approach for embedding equity and public health principles into federal marijuana policies. It provides actionable steps that the President can take immediately, using the full extent of executive power to mitigate the profound harms of marijuana criminalization — harms that have disproportionately impacted Black, Latine and Indigenous communities.

The proposed order establishes a National Advisory Council to guide equitable marijuana policy reform and mandates federal agencies to review and address systemic barriers faced by underserved communities.​ 

The order requires agencies to develop plans to promote equitable access to government benefits and opportunities, implement strategies for equity in cannabis policy, and engage with underserved communities. It also calls for improved data collection on equity in marijuana policy and addresses international issues related to cannabis scheduling.

"This proposal is not only a roadmap for President Biden to take action in the final days of his presidency but also a framework for future administrations to leverage executive authority to advance federal marijuana policies that are fair," said Cat Packer, director of drug markets and legal regulation at DPA. "The opportunity to lead on marijuana reform is not bound by political cycles — it is a responsibility for every administration committed to liberty, justice and public health. This executive order is a model for how administrations can use their authority to transform federal marijuana policies to improve the lives of everyday people — rather than just improving profits for marijuana corporations," said Packer.

Trump's FDA Pick Has Old-Fashioned Views on Marijuana. President-elect Donald Trump (R) has nominated Dr. Marty Makary to serve as commissioner of the Food and Drug Administration (FDA). Makary holds some downright old-school views on marijuana, including the long-debunked notion that it is a "gateway drug" leading to the use of harder drugs. 

FDA is overseen by the Department of Health and Human Services (DHS), where Trump nominee Robert F. Kennedy Jr. favors marijuana legalization and would be Makary's titular boss. But FDA will play a critical role in federal marijuana policy. 

Makary's past statements, however, show he is no friend of the herb. 

"People think marijuana today is the marijuana of hippies and that it’s entirely safe—but marijuana today is roughly 20 times more potent," he said in September. "Even though it may have lower health complications in adults, that may not be true for adolescents where their mind is still developing," he said. "The drug may have a different impact on young, healthy teenagers."

He promoted the gateway theory as he promoted a recent book: "If we are going to be objective, we need to stop saying that marijuana is harmless and not a gateway drug," he said. "The truth is that the available evidence does not support those opinions."

He also challenges the argument that legalizing marijuana would reduce the black market, arguing that "cartels and Chinese organized crime groups" dominate marijuana sales in states such as California, Oklahoma, and Kentucky. He also claimed that those groups engage in a "modern form of slavery on U.S. soil today" by trafficking "their own workers."

Instead of emphasizing law enforcement or legalizing drugs, Makary advocates for lowering demand. 

"The belief that marijuana is safe and definitely not a gateway drug looms large in society today, even among some doctors. Two dozen states have legalized recreational use of marijuana, as of 2023, and its use has become mainstream. But could it be that we are convincing ourselves what we want to be true?"

Drug Testing

Pittsburgh Bars Marijuana Drug Testing for Medical Marijuana Patients. An ordinance approved in September prohibiting discrimination against medical marijuana patients when it comes to drug testing has gone into effect. The ordinance bars discrimination against hiring or firing patients based on a positive test result for marijuana. The ordinance only applies to state-certified patients. 

It also applies to patient employees during the course of employment, barring testing except for reasonable suspicion of use or impairment at work. 

There are exceptions for certain safety-related positions, such as those that require the use of a firearm or those that are subject to drug testing under state regulations. Also, if drug testing is addressed in a collective bargaining agreement, that drug testing may take place. 

Medical marijuana patients can still be tested for the presence of other illicit drugs. 

The ordinance allows employers to act against patients if they are impaired while operating high-voltage electrical equipment or working with chemicals requiring permits. Nor may employees under the influence of marijuana work at heights or in confined spaces.