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Lawmakers And Advocates React To Historic House Passage Of Marijuana Banking Bill

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The House passed a standalone marijuana reform bill for the first time ever on Wednesday, and the development has sparked widespread excitement among lawmakers and advocates.

Following the chamber’s 321-103 passage of the Secure and Fair Enforcement (SAFE) Banking Act, lots of members of Congress shared their support on Twitter and in press releases. The bill was approved by all but one Democrat and garnered support from nearly half of the chamber’s Republicans.

Here’s how lawmakers and advocates are reacting to the bill’s passage.

Rep. Ed Perlmutter (D-CO), lead sponsor of the SAFE Banking Act: 

“Thousands of employees, businesses and communities across this country have been forced to deal in piles of cash because of the conflict between state and federal law. After six years of working on this bill, the SAFE Banking Act will go a long way in getting cash off our streets and providing certainty so financial institutions can work with cannabis businesses and employees. I appreciate the partnership of Reps. Heck, Stivers and Davidson and the input and support from several others including Chairwoman Waters for their help passing this bill in the House. I look forward to working with Senate Banking Committee Chairman Crapo, Ranking Member Brown, and the entire Senate as they take up this important issue.”

House Speaker Nancy Pelosi (D-CA): 

Sen. Cory Booker (D-NJ): 

“As the SAFE Banking Act now heads to the Senate, we can and we must do more. With this legislation, we can both address the pressing need for cannabis businesses to access financial institutions and provide real restorative justice for those most harmed by the failed War on Drugs. It’s simply not enough as it stands without reinvestment in communities most hurt by the failed drug war and while people of color are left to languish in federal prisons for marijuana-related offenses. Low-income Americans and communities of color have been devastated by the War on Drugs – we should be repairing the damage inflicted on these communities. The end we seek is not just legalization or access to financial institutions, it’s justice.”

Sen. Kamala Harris (D-CA):

Sen. Michael Bennet (D-CO): 

“The lack of access to banking services for marijuana businesses is a public safety issue in Colorado and across the country. This common-sense bill would allow our banking system to serve marijuana businesses the same way they serve any other legal places of business. I’m grateful to Congressman Perlmutter for his leadership in pushing this bill across the finish line. We will continue our efforts to move this bill in the Senate.”

Sen. Cory Gardner (R-CO):

“Today Congress began to take its head out of the sand and recognize that states are moving forward with their own cannabis policies and the federal government is holding them back. The conflicting federal and state marijuana laws make it difficult for legitimate businesses to use basic financial services, and this bipartisan legislation gets Washington out of the way and gives them the access they need to do business and pay taxes. Today’s historic action in the people’s House adds to the momentum the SAFE Banking Act gained following the Banking Committee’s hearing in July. The Senate should move forward with the SAFE Banking Act and deliver it to the President for his signature.”

Sen. Jeff Merkley (D-OR):

“Forcing businesses to operate in cash is an invitation to crime, money laundering, and robbery. Whether you’re for or against legal cannabis, we can all agree that we want our communities to be safe from fraud and crime. Today we saw overwhelming support in the U.S. House of Representatives to pass the SAFE Banking Act and get this common-sense fix into law. Now it’s time for the Senate to act. While we continue to work to address broader issues related to the harmful legacy of cannabis prohibition across the country, I am hopeful that we can get the SAFE Banking Act moving quickly through committee, to the Senate floor, and ultimately, to the President’s desk.”

Sen. Catherine Cortez Masto (D-NV):

Sen. Jacky Rosen (D-NV):

Sen. Bob Menendez (D-NJ):

“Not only will the SAFE Banking Act ensure that marijuana businesses operating legally are treated like any other legal small business when it comes to accessing essential banking products—including in New Jersey, which has taken bold steps to expand medical marijuana—I am pleased that the House-passed bill also includes key provisions of my CLAIM Act to allow these business owners to obtain insurance coverage so they can protect their property, employees and customers. I would urge the full Senate to pass this common sense legislation that levels the playing field in the banking space by ensuring more equal access to capital.”

Rep. Barbara Lee (D-CA): 

Rep. Jim McGovern (D-MA): 

Rep. Don Young (R-AK):

Rep. Ted Lieu (D-CA): 

Rep. Denny Heck (D-WA): 

“Today’s passage of the SAFE Banking Act is a major milestone. When we began this journey over six years ago, we knew that the changes in state laws around cannabis meant that the federal government would have to act to address public safety. Time kept passing, even as the bill did not, and that confirmed the need for this legislation. More and more states changed their laws with regard to marijuana, and the need to get cash off the streets kept growing.”

Rep. Matt Gaetz (R-FL):

Rep. Earl Blumenauer (D-OR): 

“Today’s vote is historic. The House of Representatives took the most significant step thus far in addressing our outdated and out-of-touch federal cannabis laws. It never made any sense to deny state legal cannabis businesses access to banking services. It not only seriously disadvantaged these businesses, but it also was an open invitation to theft, tax evasion, and money laundering. Congressmen Perlmutter and Heck have fought tirelessly to bring their bill to the floor, and I applaud Chairwoman Waters and House leadership for their support. States have outpaced the federal government on this issue, and state-legal cannabis industries and their employees have suffered. There is much more to be done to end this senseless prohibition. This is just the beginning.”

Rep. Andy Barr (R-KY): 

Rep. Ilhan Omar (D-MN):

Rep. Peter DeFazio (D-OR):

Rep. Joe Courtney (D-CT):

Rep. Betty McCollum (D-MN):

Rep. Chellie Pingree (D-ME):

Rep. Kim Schrier (D-WA):

Rep. Bill Foster (D-IL):

Rep. Kendra Horn (D-OK):

Rep. Charlie Crist (D-FL): 

Rep. Ben Ray Lujan (D-NM): 

Rep. Diana DeGette (D-CO): 

Rep. Dina Titus (D-NV): 

Rep. Seth Moulton (D-MA): 

Rep. Alcee Hastings (D-FL):

Rep. Debbie Dingell (D-MI): 

Rep. Carolyn Maloney (D-NY): 

Rep. Katie Porter (D-CA): 

Rep. Ayanna Pressley (D-MA): 

Rep. Rick Larsen (D-WA):

Rep. Dwight Evans (D-PA):

Rep. David Joyce (R-OH): 

“The current federal approach to cannabis policy not only infringes on the rights of states to implement their own laws (as the vast majority have done), but also hurts legitimate businesses. Currently, cannabis companies are not afforded the same access to financial services as every other legal business in our country. With banks refusing to accept their money out of fear of federal forfeiture or regulatory retaliation, these businesses are forced to operate in all-cash Âľ pay their workers in cash, store cash in vaults on-site, hire armored trucks to transport cash to pay taxes Âľ which makes this a public safety issue.”

Rep. Jennifer Wexton (D-VA): 

Rep. Katerine Clark (D-MA):

Rep. Salud Carbajal (D-CA):

Rep. Sylvia Garcia (D-TX): 

Rep. Warren Davidson (R-OH): 

“The SAFE Banking Act defends civil liberties. Passing this bill keeps the right perspective: No federal regulator should block Americans’ lawful access to the financial system. This principle holds true, whether you are talking about firearms or cannabis. I was an original cosponsor of this bill and welcome its passage. It is incumbent on the Senate to join the House and accomplish this important legislative task.”

Rep. Steven Horsford (D-NV):

Rep. Alan Lowenthal (D-CA):

Rep. Derek Kilmer (D-WA):

Rep. Susie Lee (D-NV):

Rep. Jason Crow (D-CO): 

Rep. Haley Stevens (D-MI):

Rep. Mike Thompson (D-CA):

Rep. Steve Stivers (R-OH): 

“Today is a step forward for a common-sense bill that will make communities across the country safer. For me this has nothing to do with the larger debate about marijuana, instead it’s about legislating for the world we live in, and that reality includes legal businesses being forced to assume the huge risks that come from operating exclusively in cash. I’m grateful that my colleagues, especially Representatives Perlmutter, Heck, and Davidson, have seen the importance of providing access to our banking system, and I look forward to the SAFE Banking Act passing the Senate and being signed into law.”

Rep. Suzanne Bonamici (D-OR): 

Rep. Mark Amondei (R-NV): 

 

New York Gov. Andrew Cuomo (D):

“This is an important step in building an accessible, inclusive and socially diverse industry that recognizes the past harms of marijuana prohibition and the disproportionate impact laws governing marijuana have had on communities of color. I commend all the members of the New York Congressional delegation who supported this bill for honoring the laws of the states that are working to safely and fairly legalize and regulate cannabis. It is now time for the Senate to recognize the importance of this emerging sector of our economy and pass the bill immediately.”

Colorado Gov. Jared Polis (D): 

Washington, D.C. Attorney General Karl Racine (D):

Iowa Attorney General Tom Miller (D):

Illinois Treasurer Michael Freichs (D):

Former House Speaker John Boehner (R-OH): 

“The SAFE Banking Act will make our communities safer, allow state and local governments to collect taxes more efficiently and transparently, and increase access to capital for small businesses. Today’s vote is a signal that Washington is beginning to catch up with the states and the fastest growing industry in our country.”

Law Enforcement Action Partnership: 

“Prohibiting banking access means hundreds of millions of dollars in legal marijuana markets are exchanged in cash rather than with credit or debit cards, which make them more difficult to track. Keeping tabs on those transactions is part of how police are able to catch serious criminals, but our ability to do that right now is limited. The longer we wait to fix this, the more vulnerable the industry becomes to infiltration by organized crime.”

American Bankers Association: 

“Today’s overwhelming, bipartisan House vote in support of the SAFE Banking Act is a significant step forward for public safety, transparency and common sense. By helping to provide clarity for the financial sector in those states where cannabis is legal, this bill will help banks meet the needs of their communities while reducing cash-motivated crimes, increasing the efficiency of tax collections and improving the cannabis industry’s financial accountability. It will also ensure that businesses with indirect ties to the cannabis industry—including vendors, utility companies and law firms—won’t be needlessly forced out of the financial system.”

Florida Agriculture Commissioner Nikki Fried: 

Leadership Conference on Civil and Human Rights President Vanita Gupta: 

“The failed War on Drugs policies have disproportionately impacted communities of color – particularly African Americans, Latinos, and those who are economically vulnerable. These policies have contributed directly to mass incarceration. The SAFE Banking Act does not holistically repair the current harms posed by prohibition, nor does it invest in communities directly impacted by discriminatory criminalization. We urge the Senate to include provisions in its bill that will forge a more equitable path for communities that remain excluded from the booming marijuana industry. We thank Leader Hoyer and Chairs Nadler and Waters for their commitment to ensuring that the House takes up a comprehensive, broad, and bold approach to marijuana reform. We implore the Senate to follow their lead.”

Center for American Progress Senior Policy Analyst Maritza Perez: 

“Today’s vote may be a release valve for financial institutions, but it does nothing to relieve the decades of harm caused to communities of color affected by the drug war. Following today’s vote, we call on Congress to collectively turn its efforts to equitable marijuana legislation that should include removing marijuana from the Controlled Substances Act and making way for the expungement and resentencing of marijuana convictions. Congress must also consider using marijuana tax revenue to bring services to communities most affected by the drug war, as well as grant programs supporting underrepresented business owners in the cannabis industry as modeled in the MORE Act. Congress has the opportunity to pass comprehensive marijuana legislation that leads with social justice and equity with the MORE Act. We urge Chairman Nadler and House leadership to promptly mark up the MORE Act and bring it to the floor for a vote.”

Veterans Cannabis Project Executive Director Doug Distaso:

“Today’s historic House passage of the SAFE Banking Act is an important first step toward eliminating the stigma around an industry that is providing essential medical treatment options for veterans. This legislation will ensure protections for veterans’ GI Bill benefits and allow them to seek well-paying jobs in a rapidly growing industry. I will be working diligently with my fellow veterans in the coming weeks to ensure the Senate understands the positive impact that cannabis has on veterans’ lives. As service members return with issues ranging from chronic pain to PTSD, many are finding cannabis is a treatment option that improves their quality of life and reduces their symptoms, without the negative side effects of opiates and other prescriptions.”

The Arcview Group CEO Troy Dayton:

“We are extremely encouraged by these cannabis reforms passed by the House. It would be a game changer for this developing industry and we are hopeful that the Senate follows suit. Legal cannabis businesses, which employ more than 165,000 people, would finally be able to operate safely, develop and grow their businesses. This step forward begins to pave the way for legal, regulated cannabis businesses to open up a plethora of opportunities, which were previously unavailable. The measure would also have a profound, positive impact on the investment landscape, patients and consumers. For years, Arcview has been working towards and supporting this moment. We applaud the progress taken by our regulators and industry and look forward to more reforms being fully enacted.”

Credit Union National Association President Jim Nussle: 

“Today’s landmark vote will help credit unions keep communities across the country safe and serve those state-legalized businesses previously left in the lurch. We offer our congratulations and appreciation to Representatives Perlmutter, Heck, Stivers, Davidson and others who have worked on this critical issue for so long. Our work is not done: We are ready to work in the Senate to advance legislation on this issue to the President’s desk.”

Independent Community Bankers of America President Rebeca Romero Rainey: 

“The conflict between state and federal law on cannabis-related businesses has created significant legal and compliance concerns for financial institutions that could provide needed banking services to these companies. This uncertainty has forced cannabis-related businesses to operate mostly in cash, which presents a significant public safety risk. The bipartisan SAFE Banking Act would help eliminate this risk in states where cannabis is already legal.”

House Approves Marijuana Banking Bill In Historic Vote

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Cops Can’t Arrest You For Smoking Marijuana On Sidewalks, NYPD Says In Post-Legalization Memo

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The New York Police Department (NYPD) on Thursday sent a memo to officers updating them on new policies for marijuana after the governor signed a legalization bill into law this week.

Among other changes, police can no longer arrest adults 21 and older for simply using marijuana in places where smoking tobacco is permitted—and that includes “on sidewalks, on front stoops and other public places,” the document states. “As a result, smoking marihuana in any of these locations is not a basis for an approach, stop, summons, arrest or search.”

As prescribed under the law, adults can now possess up to three ounces of cannabis and also gift marijuana to other adults “so long as no compensation is exchanged,” NYPD said. Home cultivation will eventually be legal as well, but not until regulators issued rules allowing it.

The department clarified that nobody, regardless of age, can drive while impaired from cannabis. However, “the smell of marihuana alone no longer establishes probable cause of a crime to search a vehicle,” whether it’s burnt or unburnt.

There are exceptions to the rule if a person driving a car is observed to be impaired and “there is probable cause to believe that the vehicle contains evidence of the impairing marihuana (e.g. smell of burnt marihuana or admission of having smoked recently).” Enforcement can also be taken if a person is seen consuming cannabis while driving, regardless of whether they don’t show signs of impairment.

Possession of marijuana by people under 21 is also unlawful, but “under the current state of the law, there is no mechanism for the NYPD to take enforcement action against a person under 21 who possesses 3 ounces or less.”

“In the future, the NYPD may have the ability to issue a civil summons for such violations,” the memo says. “Until that time, possession of 3 ounces or less by a person under 21 cannot be the basis of an approach, stop, summons, juvenile report or arrest. Possession by individuals under 21 of more than 3 ounces is enforceable.”

Another significant policy change concerns people on parole, who are now “permitted to use marihuana unless the terms of their parole specifically prohibit it.”

“This means that [members of service] may not approach, stop or detain a parolee based on their use or possession of lawful amounts of marihuana (3 oz or less),” the memo, which was first reported by CNN, says. “If MOS observe a person known to the Department, whose terms of parole do prohibit possessing or smoking marihuana, MOS should notify the relevant parole officers.”

The department also noted that the state Office of Cannabis Management, which was established under the legalization measure and now has a website that launched on Friday, will be creating regulations allowing adults to cultivate marijuana for personal use.

While it’s not currently legal to grow plants until those rules are created, once they take effect, “individuals 21 or older will be permitted to grow a maximum of 6 plants at their home (3 mature and 3 immature),” and each household “is permitted to have no more than 12 plants regardless of how many individuals 21 or older live in that home.”

Read NYPD’s memo on the marijuana policy changes below: 

NYPD marijuana memo by Marijuana Moment

Colorado Is Auctioning Marijuana-Themed License Plates To Raise Money For People With Disabilities

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New York Takes First Step Toward Marijuana Legalization Implementation With New Cannabis Website

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New York Gov. Andrew Cuomo (D) on Friday unveiled a new government website that provides information about the provisions of the state’s new marijuana legalization law, which went into effect under a bill he signed on Wednesday.

The governor’s office has been running victory laps since the bill’s signing, and the website for the new Office of Cannabis Management is the latest example of how the administration is working to show its commitment to effectively implementing the policy change.

“Legalizing cannabis was the first step in this historic endeavor to right the wrongs of the past,” Cuomo said in a press release about the site’s launch. “The Office of Cannabis Management’s website provides critical preliminary information pending the creation of the Cannabis Control Board about the future of this industry as well as resources for individuals and businesses seeking information on the future of cannabis in New York State.”

On the site, people can view the text of the legislation, as well as a fact sheet outlining its various provisions. There are also breakout pages that provide information about specific components of the law: recreational marijuana, medical cannabis, hemp, licensing and local government.

For the adult-use section, there are details about the rules governing personal possession, which is immediately legal for adults 21 and older for up to three ounces, as well as ID requirements for when retail stores open. It covers where cannabis can be consumers, rules for landlords and more.

The page emphasizes that impaired driving is prohibited and people under 21 are not able to purchase or possess cannabis. It also talks about how home cultivation will be allowed but only after the office issues regulations and describes the tax structure for marijuana sales.

Interestingly, the page will also include a “Find a Dispensary” feature once those shops are set up.

“The website outlines the comprehensive reforms this legislation enacts, and I know will be a valued resource for many as we move forward,” Cuomo said.

Other pages highlight rules for the state’s existing hemp and medical cannabis programs, which were also impacted by the passage of the adult-use legalization bill.

The site also details the process municipalities would have to undertake to opt out of allowing marijuana businesses to operate in their area, as well as local tax information.

Marijuana Legalization Framed As Inevitability At Rhode Island Senate Joint Hearing

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Third Massachusetts City Approves Psychedelics Decriminalization Measure

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Another Massachusetts city has approved a measure to deprioritize enforcement of laws against the possession, use and distribution of a wide range of psychedelics such as psilocybin and ayahuasca.

This time, the Northampton City Council passed the resolution, which also states that no government or police funds should be used to enforce laws criminalizing people for using or possessing entheogenic plants and fungi.

The vote on Thursday was unanimous, 8-0, and it makes Northampton the third city in the state to enact the reform. Somerville and Cambridge have also moved to effectively decriminalize psychedelics.

“City by city, our movement for cognitive liberty and racial justice is growing exponentially,” James Davis, a city-level organizer for Bay Staters for Natural Medicine, told Marijuana Moment. “A supermajority of Massachusetts voters support treating controlled substances as an issue of public health—hopefully more politicians will start listening to the inspiring, psychedelic stories of the people they claim to represent.”

Davis said a similar reform resolution is expected to be introduced in Boston “in the next two weeks,” and city councilors in Worcester “are beginning to set up meetings with our coalition.”

The Northampton resolution’s “whereas” section states that studies have demonstrated the therapeutic potential of certain psychedelics in the treatment of serious mental health conditions, including post-traumatic stress disorder, chronic depression and addiction.

It also says that “the so-called War on Drugs has led to the unnecessary penalization, arrest, and incarceration of vulnerable people, particularly people of color and people of limited financial means, rather than prioritizing harm-reduction policies to treat drug abuse as an issue of public health.”

Further, the measure calls on the Hampshire County District Attorney to “cease prosecution of persons involved in the use, possession, or distribution of entheogenic plants and the use or possession without the intent to distribute of any controlled substance.”

This resolution also expresses the Council’s support for two bills recently introduced in the state legislature. One would remove criminal penalties for possession of all currently illicit drugs and the other would establish a task force to study entheogenic substances with the eventual goal of legalizing and regulating the them.

Prior to giving final approval to the psychedelics decriminalization resolution on Thursday, the Council held an initial discussion on the measure last month.

This is the latest victory in a national psychedelics reform movement that’s spread rapidly since Denver became the first city to decriminalize psilocybin mushrooms in 2019.

Besides the cities in Massachusetts, four others—Oakland, Santa Cruz, Ann Arbor and Washington, D.C.—have also decriminalized possession of plant-and fungi-based psychedelics.

In Oregon, November’s election saw the passage of a historic initiatives to legalize psilocybin mushrooms for therapeutic purposes and more broadly decriminalize possession of all drugs.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

After Ann Arbor legislators passed a decriminalization resolution last year, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

Bipartisan State Attorneys General Urge Congress To Pass Marijuana Banking Bill

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