For marijuana producers and retailers in states where recreational use is already legalized, removing federal penalties for marijuana will solve banking, taxation and transport problems, cannabis reform advocates say.
Those states would also miss out on tax revenue. Marijuana advocates predict state governments could be pushed toward legalization if the federal draft bill was to be signed into law. In an effort to address past injustices caused by federal marijuana prohibitions, the Justice Department would establish an office to help people convicted of nonviolent marijuana-related violations transition out of incarceration. Advocates of the draft legislation see it as a rare opportunity to push federal reform on marijuana.
Still, Strekal said the draft legislation continues drug testing for federal employees and, under its proposed taxation structure, would tax medical marijuana. He hopes to see those items changed in the final version. Smart Approaches to Marijuana, an organization that supports decriminalization but opposes legalization of cannabis, released a letter from its research advisory board calling for the final legislation to include limitations on potency, advertising restrictions and a ban on flavored products that could appeal to children.
Kevin Sabet, president of the organization, said he would also like to see further discussion about whether legalization might increase the number of DUIs on the road and other public health consequences. Researchers believe that adolescent use of cannabis has not risen in states where marijuana has been legalized.
In fact, some early studies suggested it could be decreasing. However, Bailey does see cause for concern when it comes to young children accidentally ingesting edible marijuana products, such as cookies, brownies and candy. She said states where marijuana is legal have seen rises in accidental ingestion of cannabis by children — even in Washington, where state law bans advertising that could appeal to children. Because the bill is still just a draft, Schumer and other lawmakers could change it substantially.
But in its current form, most experts believe the bill will not pass. He would need total support from Democratic senators plus at least 10 Republican votes to overcome a filibuster. He has expressed support for decriminalizing marijuana, but not for full legalization.
This article discusses some of the complications that arise when state and federal medical marijuana laws conflict. The Constitution itself, however, provides for an exception when it comes to the exercise of police powers. The Tenth Amendment of the United States Constitution generally delegates police powers to the states. In practical terms, this means that states cannot prevent federal prosecutions of their citizens who are using medical marijuana, but by making such use noncriminal under their own laws, they can eliminate state prosecutions of those citizens under state law.
Federal prosecutions of individuals possessing marijuana are extremely rare. The federal government has limited resources to investigate and prosecute federal drug laws, and low-level marijuana offenses are at the bottom of the list of priorities.
On the other hand, businesses that sell medical marijuana, called dispensaries, might face criminal investigation and prosecution, depending on which way the political winds blow. In , the Department of Justice DOJ , under President Obama's administration, formally announced that it would not interfere with marijuana operations that strictly complied with state regulations.
Federal law enforcement would instead narrowly focus on targeting:. In , under President Trump's administration, the DOJ abruptly terminated this policy and announced that federal prosecutors can pursue criminal cases whenever state and federal marijuana laws collide. So far, the policy reversal has largely been symbolic.
Individual federal prosecutors have the discretion to pursue prosecutions that federal agents bring to them, and they are likely to choose cases that are likely to result in convictions in their districts.
Federal prosecutions targeting the state-legal marijuana industry require a lot of resources, with no guarantee of success. Law enforcement officers make the vast majority of arrests for marijuana offenses under state, not federal law.
In , police officers in the United States made more arrests for marijuana offenses , mostly possession, than for any other drug, according to FBI data from Legal marijuana is big business. In states where residents have access to legal marijuana, the markets are grossing billions of dollars, despite federal prohibition. The conflict between federal and state marijuana laws has caused problems beyond uncertainty about criminal liability on the state-legal marijuana industry.
Most widespread problems relate to commerce and capital—two areas in which the federal government holds full sway.
Banks have been generally unwilling to do business with companies that sell marijuana, out of concern that taking deposits from marijuana businesses could violate federal anti-money laundering laws. Without access to banking services, many companies in the marijuana industry are cash-only businesses that are vulnerable to theft.
As currently drafted, the bill would make the following changes to federal cannabis policies:. You can read a summary here. Please urge your federal lawmakers to support this legislation! On May 28, , Rep. If enacted, the legislation would end the federal prohibition of cannabis by removing it from the Controlled Substances Act and ending criminal penalties under federal law.
The U. This vote marked the first time in half a century that a chamber of Congress voted on a bill to end the federal prohibition of marijuana, but the bill did not advance in the Senate. In addition to federally decriminalizing and descheduling cannabis, the MORE Act would require federal courts to expunge prior cannabis-related convictions and provide for resentencing; provide grants and funding to communities most harmed by the war on cannabis; lift barriers to licensing and employment in the cannabis industry; block federal agencies from denying public benefits or security clearances due to cannabis use; protect immigrants from being denied citizenship over cannabis; and allow VA physicians to recommend medical cannabis to veterans.
Further, since serious criminal justice reform cannot progress in our country without ending the war on cannabis, the MORE Act would set federal policy on a path toward correcting an unfair system by addressing many of the harms caused by prohibition using an equity and justice-centered framework.
Also, on May 12, , Republican Reps. It's now up to the Senate to consider the bill. The Senate version was reintroduced on March 23, and is sponsored by Sens. The SAFE Banking Act would create protections for financial institutions that provide financial services to state-legal cannabis businesses.
Passing this legislation would also promote equity in the cannabis industry by offering small and minority-owned businesses access to banks and regulated financial services. Stay tuned for updates and opportunities to take action as these bills progress! In early February, the Marijuana Policy Project, along with other top cannabis businesses, associations, and advocacy organizations in the United States, launched the U.
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