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Rohrabacher Pushes New Marijuana Bill In Wake of Trump Pledge

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One of Congress’s leading proponents of marijuana law reform — a key Trump ally — announced he will soon be filing new legislation in line with the president’s pledge to support changing federal cannabis laws.

“I am extremely happy that President Trump has made perfectly clear that he meant his campaign promise to respect state laws with regard to marijuana. Now there should be no question in Attorney General Sessions’ mind about the president’s intention,” Congressman Dana Rohrabacher (R-CA) said in a press release. “This is a fundamental issue of federalism and freedom, as state after state moves to take marijuana out of the hands of the cartels and place it in a competitive market where consumers can be assured of product safety. It also encourages more exploration of medical uses for cannabis, which has shown unquestionable promise in the treatment of multiple ailments and disorders.”

U.S. Sen. Cory Gardner (R-CO) and White House officials announced late last week that Trump is in support of passing legislation to protect state cannabis laws from federal interference.

Trump To Support Major Marijuana Legislation

“I look forward to working with President Trump and Senator Gardner to move my legislation through Congress,” Rohrabacher said. “The authors of our great Constitution most assuredly would approve.”

The congressman’s new “Cannabis States’ Rights Act” would make “restraint on federal enforcement permanent,” the release said.

The proposal will be similar to legislation that Rohrabacher already introduced this Congress, known as the “Respect State Marijuana Laws Act,” which says that the federal Controlled Substances Act “shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.”

The new bill will add broader language protecting people complying with laws of Indian tribes, and not just states.

“If it’s legal under state law, it’s legal under federal law,” Rick Dykema, the congressman’s chief of staff and legislative director, told Marijuana Moment in an interview.

The language will also be “tightened” a bit to clarify that the bill doesn’t prevent federal authorities from enforcing the law on federal land, even if that land is within the borders of a state that has legalized cannabis, Dykema said, adding that it is expected to be filed within the next week or two.

The current bill has 45 cosponsors, and Dykema said his office is working to line up as many as possible of those to sign onto the new legislation.

Rohrabacher has been one of the most consistent advocates for cannabis law reform on Capitol Hill, and is a co-author of a current federal spending rider that prohibits Justice Department interference with state medical cannabis laws.

Photo courtesy of Gage Skidmore.

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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 serves as chairman of 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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Sen. Jeff Merkley “Disappointed” That Democrats Blocked His Marijuana Banking Amendment

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One of the U.S. Senate’s foremost champions for marijuana law reform says he is “disappointed” that fellow Democrats recently joined with Republicans in blocking his amendment to increase cannabis businesses’ access to banks.

Last month, Sen. Jeff Merkley (D-OR) offered a measure that would have shielded banks that open accounts for state-legal marijuana businesses from being punished by federal regulators for that activity even though cannabis remains illegal under federal law.

While the Senate Appropriations Committee had approved two similar amendments in previous years, the panel this time voted to table the measure with a bipartisan vote of 21 – 10, with ranking member Sen. Patrick Leahy (D-VT) and other Democrats who normally support marijuana reform objecting on procedural grounds.

“I was disappointed,” Merkley said in an interview with BuzzFeed editor Ben Smith on Monday. “We had passed this twice before.”

“We need to establish banking for cannabis because a cash economy is an invitation to money laundering and theft and cheating your employees and cheating on your taxes [and] organized crime. All bad.”

“I accompanied the owner of a company who had $70,000 in his backpack to pay quarterly taxes,” Merkley recounted in response to the cannabis banking question on Monday, which was suggested to BuzzFeed by Marijuana Moment’s editor. “It’s so bizarre going down the freeway and talking about how they have to pay their employees in cash, have to pay their suppliers in cash. It’s a bad system.”

“Everyone should agree: States’ rights on this. Let the states have an electronic system to track what these businesses are doing, not billions of dollars floating around like this.”

Despite his disappointment with the measure being blocked, the Oregon Democrat, who is believed to be considering a 2020 presidential run, said that his colleagues “had a fair point to make on the policy front” in tabling the measure.

At the time, Leahy argued that spending bills such as the one before the committee should be kept “free of new controversial policy riders” and that a more appropriate forum would be an authorizing committee that sets banking laws.

“It wasn’t existing policy and therefore it was new policy,” Merkley acknowledged in the new interview.

But he pointed out that there are few other avenues available for senators to pursue the issue.

“Here’s the thing. Normally we could take these policy bills like I was putting forward [and] you could put it on the floor of the Senate as an amendment to something,” he said. “In 2017, outside of the budget process, not a single amendment was considered on the floor of the Senate… This is the end of the Senate really as a deliberative body on policy. So if you’re blocked in the Appropriations Committee, and you’re blocked on the floor, then it’s very hard to put ideas out there and say, ‘Hey vote on this. This matters.'”

The House Appropriations Committee also defeated a cannabis banking amendment last month.

See the video of Merkley’s remarks at about 19:15 into the clip below:

Photo courtesy of Senate Democrats.

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Politics

County Officials From Across The U.S. Push Feds To Reform Marijuana Laws

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An organization representing the 3,069 county governments across the U.S. is calling on the federal government to allow states to legalize marijuana without interference.

“The federal government should largely be responsible for regulating and enforcing against illegal drug trafficking, while respecting states’ right to decriminalize cannabis under state law,” reads a new platform plank adopted on Monday by the National Association of Counties (NACo).

“NACo urges Congress to enact legislation that promotes the principles of federalism and local control of cannabis businesses with regard to medical and adult-use of cannabis under state law,” a related provision says. “Congress should allow and encourage state and local governments to enact and implement cannabis laws, regulations, and policies that appropriately control production, processing, sales, distribution and use, as well as promote public and consumer safety, should they choose to decriminalize and regulate cannabis under state law.”

The group is also calling on the federal government to make moves to expand banking access for marijuana businesses and broaden research on cannabis’s medical effects.

The county officials’ new stance is similar to resolutions adopted last month by the U.S. Conference of Mayors.

“The United States Conference of Mayors urges the White House, U.S. Department of Justice and the U.S. Drug Enforcement Administration to immediately remove cannabis from the schedule of the CSA to enable U.S. federal banking regulators to permanently authorize financial institutions to provide services to commercial cannabis businesses, and increase the safety of the public,” one of the mayoral group’s positions says.

Mayors From Across U.S. Call On Feds To Deschedule Marijuana

Marijuana Moment supporters on Patreon can read the full text of the new NACo marijuana positions below:

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Border Patrol Reflects On Feds’ Friendlier Historical Approach To Marijuana

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Canada’s decision to legalize marijuana nationwide has stoked concerns that its citizens traveling across the U.S. border will risk temporary detention or even permanent visitation bans if they fess up having ever consumed cannabis, or even working in the industry.

Enforcement officials have told reporters that there’s no travel policy change in light of Canada’s end of prohibition, emphasizing that it remains illegal to bring cannabis across the border under federal law. Violating the policy “could potentially result in seizure, fines, and apprehension,” U.S. Customs and Border Protection (CBP) said in a recent statement.

But let’s take you back to a simpler time, courtesy of CBP.

“Did You Know… Marijuana Was Once a Legal Cross-Border Import?”

That’s the title of a 2015 blog post published by the federal agency—which seems to have gone mostly unnoticed until now—recalls how cannabis was historically recognized as a legal import by the government.

“One hundred years ago, the federal government was not overly concerned with marijuana, the common name for the Cannabis sativa L. plant,” the feds’ post reads.

Through the mid-1930s, the plant flew under the government’s radar, despite the fact that “several state governments and other countries had banned the drug.”

“The U.S. government hesitated, in part because therapeutic uses of Cannabis were still being explored and American industry profited from commercial applications of hemp fiber, seeds and oil.”

That all changed in the decades to come—first with the 1937 Marihuana Tax Act, which imposed taxes and regulations on cannabis imports, cultivation, distribution and possession, and then with full prohibition under the Nixon administration.

Up until that point, the Customs Agency Service (later rebranded as CBP) didn’t put too much stock in pot. Just before the Marihuana Tax Act passed, the agency described its cannabis policy here:

“Marihuana may be cultivated or grown wild in almost any locality. Inasmuch as this drug is so readily obtained in the United States, it is not believed to be the subject of much organized smuggling from other countries.”

It seems like pretty basic supply and demand, but federal prohibition changed the equation. Suddenly, marijuana wasn’t “so readily obtained” in the country—and even simple possession carried serious criminal penalties—so the legal supply dried up. In the absence of legal access, criminal organizations swooped in to meet the demand for marijuana in the United States.

Ergo…

“Today, however, marijuana trafficking is a major concern of CBP, Immigration and Customs Enforcement and the Drug Enforcement Administration,” CBP wrote. “Well over 3 million pounds of ‘pot’ were confiscated at our borders in 2011, making an impact on this multibillion-dollar illegal enterprise.”

The more you know!

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Here Are The DEA’s Newest Slang Terms for Marijuana: ‘Shoes,’ ‘My Brother’ And More

Photo courtesy of Gerald Nino, U.S. Department of Homeland Security.

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