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New Congressional Bill Handcuffs Sessions’s Marijuana Enforcement

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A new congressional bill would effectively prevent U.S Attorney General Jeff Sessions from cracking down on people who are following state marijuana laws. But it wouldn’t change cannabis’s status under federal law.

Instead, the proposal, filed in the U.S. House on Thursday by Congresswoman Barbara Lee (D-CA) and four cosponsors, would restrict the Justice Department and other federal agencies from spending money to “detain, prosecute, sentence, or initiate civil proceedings against an individual, business or property, that is involved in the cultivation, distribution, possession, dispensation, or use of cannabis” in accordance with state law.

The legislation would also protect banks that work with state-legal cannabis businesses.

The text of the bill has not yet been uploaded to Congress’s website, but Marijuana Moment has obtained it (see below).

The funding prohibition goes beyond the annual medical cannabis appropriations rider, commonly known as Rohrabacher-Farr, in a number of ways.

First, it doesn’t just shield medical cannabis patients, providers and laws; it covers everyone complying with a state marijuana law, including recreational businesses and consumers.

Second, it doesn’t just restrict the Department of Justice; it also applies to the Treasury Department, the Department of Homeland Security and every other federal government agency that could potentially go after people for violating federal marijuana prohibition.

Third, and perhaps most important, it is permanent. Unlike the existing medical cannabis rider, it wouldn’t need to be renewed every year as part of annual spending bills. If enacted, its language would exist in statute until a future Congress proactively changed it.

Last week, Sessions rescinded Obama-era guidance that has generally allowed states to implement their own cannabis laws without federal interference. A large number of members of Congress and state officials have pushed back against the move, which is also deeply unpopular with voters.

“It is time we expand the protections of Rohrabacher-Farr to ensure that no government agency targets marijuana companies and their partners in ancillary businesses,” Congresswoman Dina Titus (D-NV), one of the cosponsors of the new bill, told Marijuana Moment via an email. “Taxpayer dollars should not be used to crackdown on law-abiding taxpayers operating legally in states.”

If the legislation passes, the most significant practical marijuana policy and enforcement reform to date would be accomplished without actually changing cannabis’s status under the schedules of the Controlled Substances Act.

See the full text of the new marijuana bill below:

Congressional Marijuana Bill by tomangell on Scribd

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.)

Politics

Hemp Legalization Is Officially Headed to President Trump’s Desk For Signature

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The 2018 Farm Bill, which would legalize industrial hemp, is officially headed to President Donald Trump’s desk. The House passed the legislation on Wednesday, one day after the Senate approved it.

It’s been decades since the ban on hemp was imposed—a byproduct of the federal government’s war on marijuana and other drugs. The ban, it seems, will be lifted in a matter of days.

The House passed the bill, 369-47.

The votes come after months of debate over other aspects of the wide-ranging agriculture bill. But the hemp legalization provision, shepherded by Senate Majority Leader Mitch McConnell (R-KY), has received bipartisan support at every step of the legislative process.

Hemp legalization made it through a conference committee where the Senate and House Agriculture Committees reconciled their respective versions of the bill. McConnell marked the occasion this week by signing the conference report with a hemp pen, which he said on Wednesday that the president was free to use to sign the bill into law.

The hemp provision would allow U.S. farmers to grow, process and sell the crop. The Justice Department would no longer have jurisdiction over hemp under the legislation; rather, the U.S. Department of Agriculture would lightly regulate it.

One element of the hemp language created tension between lawmakers and advocates. The original Senate-passed bill prohibited people with felony drug convictions from participating in the hemp industry, but a compromise was reached last week that limited that ban in the final version to 10 years after the last offense.

House Democrats in the Agriculture Committee listed hemp legalization as one of several reasons they were calling for a “yes” vote on the legislation.

According to VoteHemp, if the president signs the bill before the year’s end, it will take effect on January 1, 2019.

Mitch McConnell Says Trump Can Borrow His Hemp Pen To Sign Farm Bill Into Law

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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Marijuana Industry Border Issues Would Be Solved Under New Congressional Bill

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Marijuana can really mess up border and immigration issues for people who partake in consumption or participate in the industry, but that would change if a new bill being introduced in Congress this week is enacted.

Under current U.S. laws, people who admit to past cannabis use or who work for or invest in marijuana businesses can be barred from visiting the country under certain circumstances. And marijuana consumption, even if it is legal under state law, can lead to an immigrant being deported.

The new legislation, the Maintaining Appropriate Protections For Legal Entry Act, would provide exceptions for conduct that “was lawful in the State, Indian Tribe, or foreign country in which the conduct occurred” or that was “subsequently made lawful under the law or regulation of such jurisdiction,” according to a draft obtained by Marijuana Moment.

The bill, known as the MAPLE Act for short—surely a nod to the leaf on Canada’s flag—is being filed on Wednesday by Rep. Earl Blumenauer (D-OR).

U.S. border policies on entry by marijuana industry participants were slightly loosened just ahead of the launch of Canada’s legal marijuana market in October to clarify that people working for cannabis businesses are generally admissible to the U.S., with the caveat that “if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.”

And that’s a key exception. Several Canadians traveling to a cannabis industry conference in Las Vegas last month were detained for hours, with one investor being given a lifetime ban from visiting the U.S.

While there is almost certainly not enough time for Blumenauer’s proposal to be considered and voted on by the end of the year, its language could easily be adopted into new legislation after the 116th Congress is seated in January.

In October, the congressman laid out a plan for a step-by-step approach to federally legalizing marijuana in 2019 in a memo to fellow House Democrats.

Marijuana Moment supporters on Patreon can read the full text of the new MAPLE Act below:

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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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Politics

Chicago Mayor Wants Legal Marijuana Revenue To Fund Pensions

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Tax revenue from legal marijuana sales should be earmarked to fund pension programs, the mayor of Chicago said on Wednesday.

“Illinois legislators will be taking a serious look next year at legalizing recreational marijuana,” Mayor Rahm Emanuel (D) said in a speech to the City Council. “Should they follow that course, a portion of that revenue could go toward strengthening our pension funds and securing the retirement of the workers who depend on them.”

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of Daniel X. O’Neil.

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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