A group representing thousands of lawmakers from around the U.S. is calling on the federal government to end marijuana prohibition so that states can enact their own cannabis policies without intervention.
“The federal government should respect state decisions to regulate cannabis, including hemp in non-FDA approved cannabis products,” reads one of two new policy directives adopted on Wednesday by the National Conference of State Legislatures. “NCSL believes that federal laws, including the Controlled Substances Act (CSA), should be amended to explicitly allow states to set their own cannabis policies without federal interference and urges the administration not to undermine state cannabis policies.”
“NCSL maintains that the administration should prioritize its enforcement actions against criminal enterprises engaged in cannabis production and sale, and not against citizens who are compliant with state cannabis laws. Furthermore, NCSL urges Congress to prohibit the administration from using federal funds to enforce the CSA in a manner inconsistent with these enforcement priorities.”
The other directive, which focuses on banking access for marijuana businesses, says that federal prohibition forces growers, processors and retailers to operate on a cash-only basis, which “attracts criminal activity and creates substantial public safety risks.”
“NCSL acknowledges that a cash-only industry reduces transparency in accounting and makes it difficult for states to implement an effective regulatory regime that ensures compliance.”
Letting state-legal cannabis businesses use banks will provide access to “capital, security, efficiency, and record keeping,” the state lawmakers say.
Calling existing Treasury Department guidance enacted during the Obama administration “insufficient,” the group says that “current federal regulations force financial institutions to incur inordinate risk, should they decide to provide banking services to licensed cannabis businesses.”
Very pleased that Oregon-led directive to push Congress to remove #cannabis from DEA schedule just passed @NCSL unanimously. With cannabis legal in >30 states & territories, this action must happen soon so legitimate businesses have access to financial services.
— Sen. Steiner Hayward (@ESHforOregon) August 1, 2018
“Thirty states, the District of Columbia and Guam already allow some form of legal cannabis use,” Oregon Senate Majority Leader Ginny Burdick, (D), said in a press release. “We are trying to create an above-board, legitimate industry, where for many years only an unregulated market prevailed. It’s past time for Congress to finally help us do that by removing cannabis from the federal Controlled Substances Act. Operating as a cash-only business invites crime and hinders our work to improve public safety. When businesses in this industry begin using banking services, it will lead to better regulation and improve access to capital. Congress needs to step up and help us make sure this legal industry is properly regulated and contributing to our states’ economies.”
A Republican colleague agreed with Burdick.
“The cannabis industry is making big contributions to Oregon’s economy, and giving these business owners access to secure banking is critical to their ongoing success,” Senate Republican Leader Jackie Winters said. “Voters across the nation have shown support for the legal cannabis industry, it is time for the federal government to take the necessary steps and deschedule cannabis in order to promote safety, security, and remove barriers to much needed research.”
The state legislators’ policy positions are similar to those recently adopted by the U.S. Conference of Mayors and the National Association of Counties, both of which are pushing the federal government to respect state and local marijuana laws.
40 states, including VA, just voted in favor of state-level cannabis regulation. Not legally binding, obviously, but a strong message to Congress to get out of the way. #NCSLsummit
— Lee J. Carter (@carterforva) August 1, 2018
“NCSL’s directives reflect the growing support for reform at the federal level,” said Karen O’Keefe, the state policies director for the Marijuana Policy Project. “State lawmakers, like most of their constituents, are increasingly frustrated with Congress’s failure to resolve the conflict between state and federal marijuana laws. Whereas lawmakers previously expressed their collective opinion on the subject, they are now taking it a step further and demonstrating a commitment to advocating for reform.”
NCSL itself has adopted a number of marijuana reform positions at past conferences, most recently calling for cannabis descheduling last year.
Also at this year’s conference in Los Angeles, lawmakers heard two separate panels on cannabis issues, one focused on banking access and another looking more broadly at the federal-state divide on marijuana.
Sen. @hertzieLA (D-CA) & experts from @NCIAorg, @ABABankers, @Weedmaps & @EastCarolina discuss novel ways to provide financial services to the #marijuana business. #NCSLsummit pic.twitter.com/fKKwJdEVjT
— NCSL (@NCSLorg) July 30, 2018
— Mary Ann Dunwell (@MTMaryAnn) July 31, 2018
Among the exhibitors at the event were the pro-legalization Marijuana Policy Project, the anti-legalization Smart Approaches to Marijuana and the narcs at the Drug Enforcement Administration.
Marijuana Moment Patreon supporters can read the full text of NCSL’s new cannabis policy directives below:
Photo courtesy of Max Pixel.
Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording
President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.
“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of YouTube/White House.
Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote
Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.
The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.
“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.
Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”
The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.
“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.
The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.
Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.
The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.
The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.
Manley said in the news conference that he would continue to review the resolution, as well as police policies.
But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans
Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).
During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.
“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”
“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”
Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.
He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.
That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.
At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”
“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.
Photo element courtesy of Gage Skidmore.