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Majority Of State Attorneys General Tell Congress To Pass Marijuana Banking Bill

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The top law enforcement officials from 38 U.S. states and territories are calling on Congress to pass legislation to increase marijuana businesses’ access to banks. The move comes just days after the treasurers of 17 states issued a separate call in support of the pending cannabis financial services bill.

Even as a growing number of states adopt laws to legalize marijuana for medical or recreational use, federal prohibition remains intact—for now—and that makes many banks wary of maintaining accounts for cannabis growing, processing or retail operations. They could, they fear, be prosecuted under federal money laundering laws.

Legislation to shield financial services providers from being punished by regulators for working with the cannabis industry has been gaining momentum in Congress, and now the effort is getting a boost from the National Association of Attorneys General, which is officially endorsing the bill.

“Businesses are forced to operate on a cash basis. The resulting grey market makes it more difficult to track revenues for taxation and regulatory compliance purposes, contributes to a public safety threat as cash-intensive businesses are often targets for criminal activity, and prevents proper tracking of billions in finances across the nation,” the attorneys general wrote in a letter to congressional leaders on Wednesday.

“[R]regardless of how individual policymakers feel about states permitting the use of medical or recreational marijuana, the reality of the situation requires federal rules that permit a sensible banking regime for legal businesses,” the officials wrote.

In March, the House Financial Services Committee approved the marijuana banking bill in a bipartisan vote of 45 to 15. The legislation, sponsored by Rep. Ed Perlmutter (D-CO), now has 173 cosponsors—substantially more than a third of the entire chamber’s membership. It is expected to be considered on the House floor within the next several weeks.

“The SAFE Banking Act is about public safety, accountability and respecting states’ rights. I appreciate the overwhelming support of the attorneys general and treasurers,” Perlmutter said in a statement. “Their endorsement of the SAFE Banking Act underscores the need to respect states’ rights on this issue and make our communities safer by allowing the marijuana industry and related businesses access to the banking system.”

An identical companion bill on financial services for cannabis businesses in the Senate has 25 lawmakers signed on—fully a quarter of the body.

The new letter, led by Colorado Attorney General Phil Weiser, was joined by attorneys general from Alaska, Arizona, Arkansas, California, Connecticut, Delaware, the District of Columbia, Guam, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New Mexico, New York, North Dakota, the Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Utah, the U.S. Virgin Islands, Vermont, Virginia, Washington, West Virginia and Wisconsin.

Late last month, Oregon Treasurer Tobias Read led a group of fellow state fiscal officials in sending a separate letter to congressional leaders in support of the marijuana banking legislation.

“Businesses operating in cash pose a significant public safety risk. Absent access to banking services, cannabis-related businesses are unable to write checks, make and receive electronic payments, utilize a payroll provider, or accept credit and debit cards,” they wrote. “Processing, storing, and moving large amounts of cash puts business owners, their employees, and their customers at risk of violent crime. The cash-only environment means state and local government agencies must collect tax and fee payments in person and in cash, incurring added expenses and employee safety risks.”

Despite the advancement of the cannabis banking bill in the House, Senate Banking Committee Chairman Mike Crapo (R-ID)refused to commit to hold a hearing or vote on the bill in his panel when asked last month.

The proposals have already been endorsed by the American Bankers Association and a number of other organizations representing financial services industry interests, as well as by drug policy reform groups.

The backing by the state attorneys general, which was first reported by the Denver Post, could go a long way toward earning support from law-and-order conservatives who might otherwise scoff at the notion of supporting legislation to assist marijuana businesses.

“Compliance with tax laws and requirements would be simpler and easier to enforce with the regulated tracking of funds in the banking system, resulting in higher tax revenues,” the attorneys general wrote. “Our banking system must be flexible enough to address the needs of businesses in the various states and territories, with state and territorial input, while protecting the interests of the federal government. This includes a banking system for marijuana-related businesses that is both responsive and effective in meeting the demands of our economy.”

The treasurers, in their letter, offered further encouragement to skittish lawmakers by saying that allowing the banking fix would not be “a tacit endorsement of descheduling or rescheduling cannabis from the Controlled Substances Act.”

“Without banking services, cannabis businesses are less able to obey the law, pay taxes, and follow state regulations of the industry,” they wrote. “The public safety risks posed by these businesses are easily mitigated through access to banking service providers and keeping the cash off the streets. Nearly every U.S. state has a stake in this issue.”

This piece was first published by Forbes.

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.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Culture

Postal Service Unveils ‘Drug Free USA Forever’ Stamp Commemorating 1980s Anti-Drug Program

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The U.S. Postal Service (USPS) is rolling out a new stamp design that pays tribute to 1980s-era drug prevention programs and promotes a “drug-free USA.”

The stamps, which will go on sale starting in October 2020, were announced at the conclusion of this year’s Red Ribbon Week last month, an annual occurrence first launched under the Reagan administration.

“This Drug Free USA Forever stamp will help further raise awareness about the dangers of drug abuse, and the toll it is taking on families and communities around our country,” Robert Duncan, chairman of the USPS Board of Governors, said in a press release. “The Postal Service is glad to do its part in marking Red Ribbon Week, and renewing our commitment to helping these efforts to educate youth about the dangers of illegal drugs.”

Via USPS.

USPS explained that Red Ribbon Week originated after a Drug Enforcement Administration (DEA) agent was tortured and killed in Mexico while investigating drug traffickers in 1985.

“I am very pleased that the U.S. Postal Service will issue a stamp affirming our commitment to a drug-free America,” DEA Acting Administrator Uttam Dhillon said. “This stamp will help raise awareness of the fight against drug addiction and honor those who have dedicated their lives to that cause.”

A description of the design states that the stamp “features a white star with lines of red, light blue and blue radiating from one side of each of the star’s five points, suggesting the unity necessary at all levels to effectively address drug abuse.”

USPS isn’t applying anti-drug messaging to the cannabis component CBD anymore, however. In September, the agency clarified that hemp-derived CBD products can be mailed under certain circumstances since the crop and its derivatives were federally legalized under the 2018 Farm Bill.

For those with mailing needs who aren’t interested in supporting the notion of a “Drug Free USA,” USPS does have another stamp that recognizes the 50-year anniversary of the drug-fueled 1969 counterculture music festival Woodstock.

Via USPS.

The stamp “features an image of a dove along with the words ‘3 DAYS OF PEACE AND MUSIC,’ evoking the original promotional poster for the festival,” USPS says.

Another option is a John Lennon Forever stamp, celebrating the iconic Beatles member and marijuana enthusiast who famously got “high with a little help” from his friends.

Via USPS.

“Still beloved around the world, Lennon’s music remains an anchor of pop radio and continues to speak for truth and peace,” USPS wrote.

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Photo courtesy of Wikicommons.

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New Congressional Resolution Calls For Marijuana Legalization And Drug Expungements

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Rep. Ayanna Pressley (D-MA) released a congressional resolution on Thursday that calls for a fundamental reshaping of the criminal justice system, in part by legalizing marijuana and expunging all drug-related convictions.

The congresswoman’s “People’s Justice Guarantee” resolution outlines “a bold, new vision for justice in the American criminal legal system” that’s designed to “transform the U.S. criminal legal system to one that meets America’s foundational yet unfilled promise of justice for all.”

The ultimate goal of the measure is to reduce mass incarceration in the country through a series of reform steps that includes ending for-profit prisons, decriminalizing certain non-violent offenses, imposing caps on criminal sentences, abolishing the death penalty, expanding access to mental health services in prisons and reinvesting in communities that have been most impacted by “tough of crime” criminal policies.

Some have characterized the resolution as the “Green New Deal” of criminal justice reform, comparable in scope and ambition to the climate change plan championed by fellow “Squad” member Rep. Alexandria Ocasio-Cortez (D-NY).

Drug policy reform isn’t the main feature of the resolution, but it does call for “decriminalizing addiction, homelessness, poverty, HIV status, and disabilities, including mental health diagnosis, by legalizing marijuana and overdose prevention sites, declining to criminally prosecute low-level offenses such as loitering and theft of necessity goods, and expunging the records of individuals for all drug-related offenses.”

Interestingly, an earlier draft of the measure reportedly contained language specifying that law enforcement should “use civil citations instead of arrests for drug possession,” according to a paraphrase by a reporter with The Appeal who reviewed the document but later updated her story to reflect the version that was actually filed. A call for an 80 percent reduction in the prison population was also removed from the text.

It’s not clear if the provision on “decriminalizing addiction” in the final resolution would involve all drug possession offenses, or why Pressley apparently decided to scale back the scope of the measure from the draft her staff circulated to reporters. Marijuana Moment reached out to the congresswoman’s office for clarification but a representative was not immediately available.

The ACLU, Color of Change and National Immigrant Law Center are among several civil rights groups that have endorsed the resolution, which was created in concert with advocates from the National Immigration Law Center, Immigrant Legal Resource Center, Immigrant Defense Project, UndocuBlack Network and others.

“You cannot have a government for and by the people if it is not represented by all of the people,” Pressley said in a press release. “For far too long, those closest to the pain have not been closest to the power, resulting in a racist, xenophobic, rogue, and fundamentally flawed criminal legal system.”

“The People’s Justice Guarantee is the product of a symbiotic partnership with over 20 grassroots organizations and people impacted by the discriminatory policies of our legal system,” she said. “Our resolution calls for a bold transformation of the status quo—devoted to dismantling injustices so that the system is smaller, safer, less punitive, and more humane.”

While the freshman congresswoman declined to endorse a 2016 marijuana legalization measure that was ultimately approved by Massachusetts voters, she’s since positioned herself as a champion for reform, including by voting against an amendment barring people with drug convictions from working in child care services with the U.S. Department of Veterans Affairs.

She also voted in favor of amendments to protect all state marijuana programs from federal intervention and another introduced by Ocasio-Cortez to remove a budget rider that she argued inhibited research into the therapeutic potential of psychedelics.

In addition, Pressley has cosponsored bills concerning marijuana descheduling, research on the benefits of medical cannabis for military veterans and banking access by state-legal businesses.

Read the full text of Pressley’s justice reform resolution below: 

Pressley_The People’s J… by Marijuana Moment on Scribd

Kamala Harris Jokes About CBD Body Rubs To Make A Serious Point On The Marijuana Industry

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Support For Marijuana Legalization Increased Again In 2019, Pew Poll Finds

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Support for legalizing marijuana grew again this year, with just over two-thirds of Americans in favor of the policy, according to a Pew Research Center poll that was released on Thursday.

The survey, which involved phone interviews with about 9,900 adults from September 3-15, found that 67 percent of respondents think cannabis should be legal. That’s five percentage points higher than Pew’s last poll on the issue in 2018, and it closely reflects the percent support for legalization that Gallup reported (66 percent) in a survey released last month.

According to the results of a new question Pew asked for the first time that gave respondents multiple policy options to choose from, 91 percent of Americans said that marijuana should be legal for either medical or recreational purposes: Fifty nine percent said both forms should be legal and 32 percent said it should only be legal for medical use.

Just 8 percent want cannabis to remain illegal across the board.

That’s a notable finding, as some prohibitionists have argued that polls showing growing support for broad legalization are misleading because people would be less inclined to voice support for outright legalization if given more options. In fact, a sizable majority remains in favor of full legalization, according to Pew.

The poll also affirms that marijuana reform is an increasingly bipartisan issue, with a majority of Republicans and those who lean toward the GOP (55 percent) saying cannabis should be legal, compared to 78 percent of Democrats and those who lean toward the party.

Last year, the survey showed that only 45 percent of Republicans favored legalization, versus 69 percent of Democrats. Unlike the prior Pew poll, however, this latest version combines responses from party members and individuals who said they lean toward one party or the other. The previous survey distinguished those two groups and reported support separately.

“The percentage of the public who favors adult-use marijuana legalization has skyrocketed over the past three decades and shows no signs of abating,” NORML Executive Director Erik Altieri said. “As more and more states have moved forward with their own marijuana liberalization policies in recent years, public support has only grown stronger. At a time when the political divide is larger than ever, the issue of marijuana legalization is one of the few policy issues upon which most Americans agree.”

There is majority support in the new survey for ending cannabis prohibition among both men and women, and across racial demographics.

Expect the upward trend in support to continue. The only age group where there isn’t majority support for legalizing marijuana is the Silent Generation (35 percent). Boomers and Generation X support the policy, 63 percent and 65 percent, respectively. But an overwhelming majority of Millennials (76 percent) back legalization.

The partisan gap for that generation is significantly narrower than the overall divide, with 71 percent of Millennial Republicans and 78 percent of Millennial Democrats saying cannabis should be legal.

 

“Two-thirds of Americans say the use of marijuana should be legal, reflecting a steady increase over the past decade,” Pew said. “The share of U.S. adults who oppose legalization has fallen from 52 percent in 2010 to 32 percent today.”

“The growth in public support for legal marijuana has come as a growing number of jurisdictions have legalized marijuana for medical or recreational purposes,” the report states.

As Pew noted, numerous Democratic presidential candidates are in favor of cannabis legalization—with the notable exception of former Vice President Joe Biden—and the survey results suggest it’s a valuable policy position to have both in primaries and general elections.

Vaping Injury Outbreak Hasn’t Hurt Marijuana Legalization Support, Gallup Poll Shows

This story was updated to include comment from NORML.

Photo courtesy of Philip Steffan.

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.
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