Mitch McConnell Accepts Marijuana Machete Honoring Anti-Drug Record

Senate Majority Leader Mitch McConnell (R-KY) accepted an honorary machete this week that was used to chop down “thousands” of marijuana plants.

McConnell received the drug war trophy following an opening ceremony for a Volunteers of America center in Kentucky focused on serving women and children coping with the effects of substance misuse.

He attended the Monday event alongside the White House drug czar, Jim Carroll, according to a press release.

“In recognition of many years of ardent & steadfast commitment to a drug-free Commonwealth this machete is hereby presented to The Honorable Mitch McConnell, U.S. Senate Majority Leader. The affixed machete was used on the eradication of thousands of clandestine marijuana plants” https://t.co/YAWQ9xRueppic.twitter.com/A3fowl87xh

— Senator McConnell Press (@McConnellPress) November 26, 2019

While the majority leader championed a provision of the 2018 Farm Bill that federally legalized hemp—and has since pressured federal agencies to expeditiously implement regulations for the crop and its derivative CBD—he’s no fan of the plant’s “illicit cousin” marijuana, as he calls it.

And now he’s been formally recognized for that stance. The machete, attached to a plaque, reads: “In recognition of many years of ardent and steadfast commitment to a drug-free Commonwealth, this machete is hereby presented to The Honorable Mitch McConnell, U.S. Senate Majority Leader. The affixed machete was used on the eradication of thousands of clandestine marijuana plants.”

The ceremonial sword stands in stark contrast to another product McConnell wielded around this time last year. Following the Senate passage of the farm bill legalizing hemp, the senator used a hemp pen to sign a conference report on the legislation. He also offered it to the president for final signing of the bill.

Making it official with my hemp pen!🖋️ Proud to have served as conferee on #FarmBill & to fight for #Kentucky priorities. With today's signature, my provision to legalize industrial #hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to @POTUSpic.twitter.com/8ypwBebXy7

— Leader McConnell (@senatemajldr) December 10, 2018

While McConnell has routinely resisted marijuana reform, he visited California last month and met with industry executives and toured a cannabis facility. That’s led some to speculate that he’s open to modest reform legislation, as the visit came in the backdrop of a House vote in favor of a bill that would protect banks that service marijuana businesses from being penalized by federal regulators.

But now advocates might be left wondering whether McConnell’s new marijuana machete will be metaphorically used to chop up House-passed cannabis legislation in what Democrats call his Senate “legislative graveyard.”

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Photo courtesy of Twitter/Sen. Mitch McConnell.

Mitch McConnell Presses FDA Nominee On CBD And Hemp

Senate Majority Leader Mitch McConnell (R-KY) met with the nominee to become the next Food and Drug Administration (FDA) commissioner on Wednesday and discussed the need for a regulatory framework for CBD products.

While there are few specific details available about their conversation, McConnell said he emphasized the importance of hemp legalization for Kentucky farmers and pointed out that those producers are also facing challenges given the lack of FDA regulations concerning CBD.

“I look forward to working closely with Dr. Hahn on several important issues for Kentucky,” McConnell said in a press release. “Like many Kentuckians who are taking advantage of hemp’s legalization, I am eager for FDA’s plans to create certainty for CBD products.”

As @senatemajldr, Senator Mitch McConnell advocates for #Kentucky priorities with the Trump Administration and discussed his Tobacco 21 legislation, #hemp, and CBD with President @realDonaldTrump’s nominee for @US_FDA Commissioner: https://t.co/GZhkVgPeFVpic.twitter.com/a0gBs9z42u

— Senator McConnell Press (@McConnellPress) November 20, 2019

The majority leader has previously pressed FDA to issue enforcement discretion guidance that prioritizes action against only CBD companies making especially unfounded medical claims about their products while allowing responsible businesses to continue to market their products as the agency continues to develop rules.

McConnell similarly raised his concerns about the importance of expediting CBD regulations during a separate meeting with Acting FDA Commissioner Ned Sharpless in June.

Stephen Hahn, the FDA nominee, was also pressed on CBD issues during a confirmation hearing on Wednesday. Sens. Jacky Rosen (D-NV) and Pat Roberts (R-KS) noted that there’s wide consumer interest in the cannabis products but stressed that more research is needed, barriers to research should be lifted and public health interests should be balanced with policies that support the industry.

Hahn replied that he believed there’s untapped therapeutic potential in the cannabis compound, but he also agreed that there are “unanswered questions that need to be filled in by data and science and research.”

In related developments, several consumer groups have recently expressed concerns about the current status of the CBD market.

Three groups—National Consumers League, Consumer Federation of America and Community Anti-Drug Coalitions of America—announced on Tuesday that they are launching an initiative called “Consumers for Safe CBD” that is designed to “warn the public of the potential risks related to CBD products.”

According to a press release, the coalition will also encourage FDA “to use its existing authority to protect consumers, provide guidance to manufacturers, and encourage further research for FDA-approved CBD treatments.”

Another group, the Consumer Healthcare Products Association (CHPA), launched a citizen petition to FDA last week that implores the agency to quickly develop rules for CBD so that the products can be lawfully marketed as dietary supplements.

“Intense consumer demand and commercial interest has resulted in a flood of CBD products of uncertain quality and unapproved claims already in the marketplace, and this scenario has created an urgent need for FDA action,” CHPA President Scott Melville said in a press release.

“The request in our petition seeks to have FDA utilize the authority it already has to establish a lawful regulatory pathway for manufacturers to bring dietary supplements containing CBD to market,” he said. “Only then will consumers be able to purchase CBD-containing dietary supplements in a manner that ensures product quality, safety, and a level-playing field for enforcement.”

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Photo courtesy of Twitter/Senate Majority Leader.

Senate Approves Bill Protecting Medical Marijuana States From Federal Intervention

The Senate approved spending legislation on Thursday that extends a provision protecting medical marijuana states from federal interference—but the question remains as to whether a House-passed version with broader protections for all state cannabis programs could still be adopted in the final bill that’s sent to the president.

The so-called “minibus” appropriations legislation covers funding for Commerce, Justice, Science, Agriculture, Rural Development, Food and Drug Administration, Interior, Environment, Military Construction, Veterans Affairs, Transportation and Housing and Urban Development for the 2020 fiscal year.

The vote on the bill, which also includes new hemp and CBD-related language, was 84 to 9.

The medical cannabis provision in question prohibits the Department of Justice from using its resources to prosecute individuals acting in compliance with state laws. The rider has been in place and renewed each year since 2014.

But after the House passed a Justice Department spending bill in June that for the first time would extend those protections to all state cannabis programs, including those allowing recreational use and sales, some advocates hoped the Senate would follow suit. In the lead up to a committee markup where that would have happened, however, several senators told Marijuana Moment that the prospects were unlikely, as congressional leaders made a bicameral agreement not to add new policy riders in the appropriations process unless agreed to by leadership on a bipartisan basis.

Now the only chance that Congress will send the broader provision to President Trump’s desk for 2020 is if negotiators on a bicameral conference committee agree to put the House language in the final package, though there is a chance that the larger chamber could simply approve the bill as passed by the Senate in an effort to avoid a government shutdown that would occur if no spending legislation is signed into law by November 21.

“It’s our hope that the House will insist that today’s minibus appropriations package include the provision to restrict the Department of Justice from interfering with state-legal marijuana programs that passed with bipartisan support,” said Justin Strekal, political director for NORML.

Sen. Bob Menendez (D-NJ) introduced a separate amendment to the large-scale appropriations bill last week that would have called on the attorney general to study the criminal justice implications of marijuana legalization, but the measure was not considered on the Senate floor.

The medical marijuana protections language isn’t the only cannabis-related rider that has advanced via the spending process this year. The Senate Appropriations Committee also approved legislation that includes existing policies barring Washington, D.C. from using its local tax dollars to implement a legal marijuana market, in addition to a provision providing funds to the U.S. Department of Agriculture (USDA) to enact regulations for a legal hemp program.

The latter language is included in the minibus the Senate approved on Thursday, as are report provisions urging the Food and Drug Administration (FDA) to issue enforcement discretion guidelines for CBD, encouraging the Farm Credit Administration to provide services to hemp businesses and supporting “competitive USDA grants for hemp projects.”

“The FDA has been dragging its feet to issue the guidance required following the legalization of hemp-derived CBD,” Sen. Ron Wyden (D-OR), told Marijuana Moment. “This is about helping Oregon’s hemp industry continue to create jobs, protecting consumers and putting an end to the regulatory confusion and uncertainty. This language again shows that the Senate is serious about the FDA doing its job.”

Senate Majority Leader Mitch McConnell (R-KY), who with Wyden was a leading advocate for hemp legalization, also cheered the spending bill provisions.

“Hemp farmers, processors and manufacturers are exploring the crop’s great potential, and I’m proud to work with them every step of the way. As federal and state governments continue to develop how to best support this industry, I’ll keep working to benefit Kentucky producers and ensure hemp is treated just like any other legal commodity,” he said in a press release. “Ensuring law enforcement can differentiate between industrial hemp and its illicit cousin is critical, and I’ll continue working with the DEA and other federal agencies so hemp can be treated the same as any other legal commodity.”

Senate approves @SenateMajLdr McConnell's funding requests to: ✅combat Asian Carp in #Kentucky ✅implement & research Kentucky's #hemp industry ✅help address #opioid & substance abuse epidemic ✅support economic development & infrastructure prioritieshttps://t.co/dOMA8VUUib

— Senator McConnell Press (@McConnellPress) October 31, 2019

The hemp riders are timely given that USDA unveiled draft rules for hemp, which was federally legalized under the 2018 Farm Bill, on Tuesday. The interim final rule will be formally adopted following a 60-day public comment period.

Another House-passed appropriations bill also includes protections for banks that work with the marijuana industry, and the rider preventing D.C. from establishing a cannabis market was removed from the chamber’s version of the legislation.

While the Republican-controlled Senate is mostly sticking to the agreement not to add new policy riders to appropriations legislation, it could soon take up a separate, standalone marijuana bill: the Secure and Fair Enforcement (SAFE) Banking Act, which would allow banks to service cannabis businesses without being penalized by federal regulators.

The House overwhelmingly approved that legislation in September, along largely bipartisan lines, and the chair of the Senate Banking Committee said recently that he plans to take up the legislation in his panel before the year’s end. He also outlined several changes he’d like to see to the House-passed version in an interview with Marijuana Moment.

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This story has been updated to include comments from Wyden and McConnell.