By Tom Angell

 

A Republican U.S. senator who sits on a powerful committee with oversight of federal marijuana laws says states should be allowed to set their own medical cannabis policies — but he hasn’t done much to actually advance the issue in Congress.

“I think it would make the most sense to allow states the option of deciding what medical treatments are appropriate and legal within that state, rather than having that decision made by government bureaucrats in Washington,” Sen. Mike Lee (R-UT) said in a debate on Wednesday night. “I think states ought to be able to have the right to decide what treatments can benefit people in that state, so that people don’t have to wait for years at a time pending FDA approval.”

Despite voicing support for letting states enact their own medical marijuana laws without federal interference, Lee hasn’t yet joined 20 other senators — including three fellow Republicans — in co-sponsoring legislation to do just that.

That bill, the Compassionate Access, Research Expansion, and Respect States (CARERS) Act, would reschedule marijuana, protect banks that provide financial services to state-legal cannabis businesses, allow for the interstate importation of cannabidiol-rich strains and authorize Department of Veterans Affairs (V.A.) doctors to recommend medical cannabis to military veterans, among other changes.

The legislation is currently languishing in the Senate Judiciary Committee, of which Lee is a member.

Lee’s Democratic challenger, Misty Snow, voiced support during the debate for ending federal marijuana prohibition across the board, and called the incumbent senator out for not even working to end a policy that prevents state-legal medical cannabis patients from being able to purchase firearms.

“I think it’s a bit of inconsistency in that we’re banning people who use cannabis in accordance with their state law from buying firearms but we’re OK with allowing people who are on terrorist watch lists from buying firearms,” she said. “Honestly I haven’t seen a lot of leadership from Mike Lee on this issue.”

Lee has signed on to a much less comprehensive bill aimed at exempting low-THC/high-CBD strains from the Controlled Substances Act’s definition of marijuana. CBD has been shown to help people suffering from severe seizure disorders

In the current Congress, cannabis law reform advocates have succeeded in scoring a number of victories. For example, amendments to prohibit the Department of Justice from interfering with state medical marijuana laws and to allow military veterans to get cannabis recommendations from V.A. doctors have been approved on the House floor and in the Senate Appropriations Committee.

But the comprehensive CARERS Act, despite the large number of senators signed on, has not received a hearing or vote in the Judiciary Committee. Advocates pin the blame mostly on Chairman Charles Grassley (R-IA), long one of Congress’s most vocal opponents of marijuana law reform.

However, with Republicans increasingly in danger of losing their Senate majority on Election Day, a Democrat like Sen. Patrick Leahy of Vermont could take over the Judiciary panel. If so, marijuana law reform legislation could move quite quickly in 2017.

In the meantime, advocates are pushing Lee to sign on to the bill and apply pressure on Grassley before the current Congress is over.

“He is absolutely correct that patients cannot be left to suffer simply because the FDA is unable to approve cannabis and cannabis-based medications quickly enough,” Mike Liszewski, director of government affairs for Americans for Safe Access, told Marijuana.com “Senator Lee should sign on to the CARERS Act, as it would allow states to set up their own medical cannabis programs without any interference from the federal government.”

Polls have repeatedly shown strong majority support for medical marijuana in Utah. For example, a survey released this month found 63 percent of state residents in favor.

The issue also came up in a gubernatorial debate last month. Incumbent Gov. Gary Herbert (R) said he was open to considering medical cannabis legislation but would like to see more research first. Democratic challenger Mike Weinholtz said he’d be ready to enact a medical marijuana law right away.

A comprehensive medical marijuana bill was approved by the Utah Senate this year, but it couldn’t find enough support in the House.