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No Marijuana Banking Without Justice Reform, Three Presidential Candidates Say

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Three Democratic presidential candidates and the party’s top Senate leader are taking the stand that Congress should not pass marijuana banking legislation without also moving to end federal cannabis prohibition and repair the harms of the war on drugs.

All four lawmakers—Sens. Cory Booker (D-NJ), Kamala Harris (D-CA), Bernie Sanders (I-VT) and Chuck Schumer (D-NY)—tweeted links to Marijuana Moment coverage of a growing dispute between legalization supporters who say the banking bill is a first step that will bolster broader cannabis reform and those who are concerned that passing the limited proposal will undermine efforts to advance more far-reaching legislation.

House leadership announced on Friday that the first full floor vote on a standalone piece of cannabis reform legislation—a bill to protect banks that service cannabis businesses from being penalized by federal regulators—will be held on Wednesday.

The scheduling of the vote came over the objections of several advocacy groups—including ACLU, Human Rights Watch and Drug Policy Alliance—that wrote a letter asking that the vote be postponed until more wide-ranging reform legislation is passed.

“I am proud to stand with these civil rights organizations,” Sanders said in his tweet on Saturday. “In the fight for marijuana legalization, we must prioritize racial and economic justice—that means revenues from this industry must be invested in the communities that have been devastated by the so-called ‘war on drugs.'”

“We shouldn’t do this without addressing the reality that people of color are being shut out of the legal marijuana industry,” Harris wrote in her Saturday Twitter post. “That means not only legalizing marijuana but also expunging criminal records and providing a path for people of color to enter the industry.”

On Friday, Booker tweeted that “marijuana legislation moving through Congress must include restorative justice for those most harmed by the War on Drugs” in order to get his vote.

Although the senator didn’t directly reference the banking bill in his post, his press secretary confirmed to Marijuana Moment in an email that the tweet was sent directly in reaction to the House banking vote news.

On Thursday, Senate Minority Leader Chuck Schumer (D-NY), the top Democrat in the body, tweeted that “we need decriminalization at the federal level, criminal justice reform, and investment in opportunity for minority & women-owned small businesses,” adding that groups who say there can be no movement on banking without broader justice reform are “right.”

Though it isn’t exactly clear that all four Democrats would vote against a marijuana banking bill should it come to the Senate floor prior to more far-reaching cannabis reform—and Harris and Sanders are cosponsors of the financial services legislation—their tweets come at a crucial time in the debate about the issue, and could be interpreted by House Democrats who share their concerns as a signal that it would be OK for them to oppose the limited reform when it comes up for floor consideration this week.

To that end, Schumer’s tweet mentioned Rep. Alexandria Ocasio-Cortez (D-NY), who earlier on Thursday indicated she agrees with the groups’ concerns and may vote against the banking bill if the chamber doesn’t first tackle social equity issues.

“She feels strongly that addressing racial justice should be the first priority,” a staffer for the congresswoman told Marijuana Moment.

The House plans to advance the proposal under an expedited procedure known as suspension of the rules, through which a two-thirds majority—or 290 votes—is needed to pass. While the bill currently has 206 cosponsors and has been expected to bring in the super majority of votes needed to advance, opposition from progressive lawmakers like Ocasio-Cortez could potentially jeopardize passage.

Groups signing the letter of concern to House leadership told Marijuana Moment they aren’t sure whether they will ask lawmakers to vote against the banking legislation now that their concerns on timing have been rejected, but some said they are still pushing to convince the body to delay consideration.

Perhaps anticipating some liberal defections, Rep. Ed Perlmutter (D-CO), the chief sponsor of the Secure and Fair Enforcement (SAFE) Banking Act moved last week to amend the legislation in an attempt to bring in even more GOP votes—including clarifying that banking protections would apply to hemp and CBD companies and also adding language preventing financial regulators from targeting certain industries such as firearms dealers and payday lenders as being at a higher risk for fraud.

Even before Senate Democrats began publicly expressing their concerns about the limited reform, the banking bill was believed to face a tougher road in the chamber, where Schumer’s counterpart, Majority Leader Mitch McConnell (R-KY), shepherded hemp legalization to enactment last year but often says he doesn’t support the crop’s “illicit cousin” marijuana.

But Senate Banking Committee Chairman Mike Crapo (R-ID) surprised observers when he said this month that he planned a vote on cannabis banking legislation in his panel by the end of the year.

The Leadership Conference on Civil and Human Rights, one of the groups that signed the letter calling on House leaders to pull the planned banking vote, thanked Schumer and Sanders for their tweets.

The groups want Congress to first move legislation such as the Marijuana Opportunity Reinvestment and Expungement Act, which Harris and House Judiciary Committee Chairman Jerrold Nadler (D-NY) introduced in July. That bill would remove cannabis from the Controlled Substances Act and fund programs aimed at undoing the past damage of the drug war.

Bernie Sanders Talks Marijuana With Killer Mike, Danny Glover And Ben & Jerry’s Founder

Photo courtesy of Jurassic Blueberries.

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 20-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.)

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Trade Associations And Civil Rights Groups Send Mixed Messages On Marijuana Banking To Senate

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A coalition of trade associations sent a letter to Senate Banking Committee leadership on Thursday, urging a vote on legislation to protect financial institutions that service state-legal marijuana businesses.

But those senators are also feeling pressure from leading civil rights groups like the ACLU and Human Rights Watch, which sent an earlier letter insisting that they not allow cannabis banking to detract from more comprehensive reform that addresses social equity.

The organizations involved in the latest letter—including the American Bankers Association and Credit Union National Association—said that advancing the Secure and Fair Enforcement (SAFE) Banking Act or similar legislation is pivotal to ensuring that stakeholders receive needed clarity and are shielded from being penalized by federal regulators.

The letter, addressed to Banking Chair Mike Crapo (R-ID) and Ranking Member Sherrod Brown (D-OH), emphasized the bipartisan nature of the House passage of the bill in September and the growing movement at the state level to legalize cannabis for medical or recreational purposes.

“Our organizations support an initial legislative step that allows the legal cannabis industry into the banking system,” the groups, which also include the Council of Insurance Agents and Brokers, International Council of Shopping Centers and National Association of REALTORS, wrote. “Ultimately, protecting law-abiding financial institutions and ancillary businesses from their currently untenable position and addressing increasing public safety concerns.”

As more states reform their marijuana laws, however, “distribution, sale, possession, research, transaction, housing, employment, and a broader landscape of cannabis is becoming increasingly problematic” for stakeholders under federal prohibition.

“Ultimately, this creates more legal and security concerns that impact the operations and safety of businesses and consumers,” they said. “Finally, the lack of an available safe harbor for cannabis will continue to challenge the full adoption and deployment of the legal hemp and CBD products market in the U.S. due to the inextricable link between hemp and cannabis.”

“To resolve this, we urge the Committee to vote on the SAFE Banking Act or similar measures. Such measures are meant to create a safe harbor for depository institutions that provide a financial product or service to businesses in a state permitting the use of cannabis. A safe harbor will enable law enforcement and states to effectively monitor and regulate businesses while simultaneously bringing billions into the regulated banking sector.”

The letter, also signed by Americans for Prosperity and R Street, recognizes that creating a federal regulatory scheme for marijuana will take time but says that the SAFE Banking Act represents “a critical first step to ensure that legal cannabis marketplaces are safe, legal, and transparent.”

Crapo has said that he’s interested in holding a vote on resolving the cannabis banking issue in his panel before the year’s end, but so far nothing has been scheduled. The chairman told Marijuana Moment in earlier interviews that there are several changes to the House-passed bill that he’d like to see but that he’s worried impeachment proceedings against the president will interfere with plans to hold a vote.

All that said, pressure from civil rights advocacy groups could complicate congressional efforts to get the banking bill approved. In October, several organizations including the ACLU, Drug Policy Alliance, Human Rights Watch and Center for American Progress sent a letter to Senate leadership, as well as Crapo and Brown, demanding that “marijuana legislation considered in the Senate include provisions that will guarantee equity in the industry.”

The letter, which doesn’t appear to have been previously reported and was obtained by Marijuana Moment, states that while the coalition agrees the SAFE Banking Act “is an incremental step toward rolling back the federal prohibition of marijuana, it fails to help communities that have been historically and disproportionately devastated by United States’ punitive drug laws.”

“As the Senate Committee on Banking, Housing, and Urban Affairs considers similar legislation, we insist that the legislation include provisions that ensure equity in the marijuana industry by creating opportunities for individuals who have been prohibited from this growing business either by legal or financial means,” the letter, which was also signed by the Immigrant Legal Resource Center, Leadership Conference on Civil and Human Rights and National Association of Social Workers, states.

“Indeed, this Congress has shown it understands the economic impact of legalization. But while progress on the business side of legalization is promising, it is not sufficient. Federal marijuana legislation must be comprehensive and lead with equity, addressing past and current harms to communities of color and low-income communities who bore the brunt of the failed war on drugs. We demand that any marijuana reform or legalization bill considered by the Senate] include robust provisions addressing equity. More than simply adding equity provisions to bills that address industry concerns, we need comprehensive reform that deschedules marijuana and addresses the inequities and harms continually inflicted by the failed war on drugs.”

In other words, the groups are insisting on broad reform prior to a vote on a bill viewed as largely beneficial to the cannabis industry—similar to a request they made of House members prior to the legislation’s passage in the chamber.

Read the marijuana banking letters from the trade associations and civil rights groups below:

Industry SAFE Senate Bankin… by Marijuana Moment on Scribd

Senate Leadership Letter Re… by Marijuana Moment on Scribd

Senators Demand Update From DEA On Marijuana Growing Applications

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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GOP Congressman Knocks His Party For Failing To Pass Marijuana Reform

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A Republican congressman says that whichever party is responsible for passing federal marijuana reform will “instantly” shoot up in the polls, while lamenting the fact that the GOP failed to do so when they controlled the House.

Rep. Thomas Massie (R-KY), a vocal advocate for hemp, was asked by Fox Business host Kennedy on Wednesday whether cannabis should be rescheduled under federal law.

“Absolutely,” he said. “The first party that does this—and I don’t understand why either party won’t do it—is going instantly gain 10 points in the general poll on which party versus the other.”

“We should have done it when we were in the majority,” he added. “The liberals should be asking Pelosi why she hasn’t put it on the floor yet.”

The House Judiciary Committee approved legislation last month to end federal marijuana prohibition, but it hasn’t yet been scheduled for floor action.

Massie made similar points during an interview with Marijuana Moment earlier this year, stating that if Republicans had advanced states’ rights-focused marijuana legislation, “I think we might still be in the majority.”

Of course, while Massie has supported legislation to allow states to set their own cannabis policies without federal intervention, as well as other more modest reform measures such as protecting banks that service marijuana businesses, he’s so far declined to cosponsor any bills that seek to deschedule cannabis.

The congressman has also expressed interest in changing federal gun control laws to allow cannabis consumers to purchase firearms.

Though it’s not clear exactly how much of a boost either party would get by passing a marijuana reform bill, a Pew poll released last month does show that there’s majority support for legalization among those who lean Republican (55 percent) as well those who lean Democratic (78 percent).

Senators Demand Update From DEA On Marijuana Growing Applications

Photo courtesy of YouTube/Rep. Massie.

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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State Department Warns Travelers About Flying With Cannabis Oil Internationally

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The U.S. State Department is warning international holiday travelers that while hemp-derived CBD might be legal in the U.S., it can land you in trouble if you take it certain places abroad.

“Make sure your gift isn’t a fa la la la la la la la la fail,” the department said in a tweet on Thursday. “Bringing along gifts like drones, CBD oils, and firearms can land you in trouble in foreign countries. Research what is and isn’t allowed before you travel.”

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.)

MLB Officially Removes Marijuana From Banned Substances List For Baseball Players

Photo courtesy of Flickr/DHS.

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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