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Senators File Marijuana Bill Following Trump Pledge To Respect State Legalization

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U.S. Sens. Elizabeth Warren (D-MA) and Cory Gardner (R-CO) held a press conference on Thursday to discuss a far-reaching bill they are filing to end the federal war on marijuana.

The move comes after Gardner cut a deal with President Trump to support such legislation in exchange for the senator ending a blockade on Justice Department nominees he began in protest of U.S. Attorney General Jeff Sessions’s decision earlier this year to rescind Obama-era guidance generally protecting state cannabis laws.

Watch Warren and Gardner discuss their marijuana bill below:

The draft bill, details of which Marijuana Moment first reported last month, would amend the federal Controlled Substances Act to exempt state-legal marijuana activity from its provisions.

The Strengthening the Tenth Amendment Entrusting States (STATES) Act would also protect banks that work with legal cannabis businesses and legalize industrial hemp. It has seven initial cosponsors.

Details On Bipartisan Senate Marijuana Bill To Be Filed Soon

Gardner said at the press conference that he spoke to President Trump about marijuana on Thursday morning and that he remains supportive of an approach that respects state laws.

“We can’t go backwards. We can only go forwards,” the president said, according to Gardner.

Warren told the Boston Globe that Senate Majority Leader Mitch McConnell (R-KY) “has pledged to allow a vote on the bill.”

She added that that it was Sessions’s move to rescind the Obama-era guidance that spurred lawmakers to work across the aisle to find a solution to enact statutory protections for local cannabis policies.

“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” Warren said in a press release. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations – and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”

“In 2012, Coloradans legalized marijuana at the ballot box and the state created an apparatus to regulate the legal marijuana industry.  But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government,” Gardner added. “The federal government is closing its eyes and plugging its ears while 46 states have acted.  The bipartisan STATES Act fixes this problem once and for all by taking a states’ rights approach to the legal marijuana question. The bipartisan, commonsense bill ensures the federal government will respect the will of the voters – whether that is legalization or prohibition – and not interfere in any states’ legal marijuana industry.”

Companion legislation is also being filed in the House by Congressman David Joyce (R-OH) and Congressman Earl Blumenauer (D-OR), along with 14 other cosponsors.

“We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations and requirements for the use, production, and sale of cannabis,” Joyce said in a press release. “If the people of these states have decided to provide help for those veterans and others suffering from pain and other health issues, we should allow them access without government interference.”

“For too long the senseless prohibition of marijuana has devastated communities, disproportionately impacting poor Americans and communities of color. Not to mention, it’s also wasted resources and stifled critical medical research,” Blumenauer argued. “It’s past time to put the power back in the hands of the people. Congress must right this wrong.”

In a news advisory, Warren’s office said the legislation will “ensure that each state has the right to determine for itself the best approach to marijuana within its borders.” It also “extends these protections to Washington D.C., U.S. territories, and federally recognized tribes, and contains common-sense guardrails to ensure that states, territories, and tribes regulating marijuana do so safely.”

Earlier on Thursday, Warren and Gardner discussed their cannabis bill in an appearances on MSNBC and Fox News.

“Thanks to the leadership of Senators Gardner and Warren, the movement to end the federal government’s failed policy of cannabis criminalization has truly become a bipartisan effort,” Justin Strekal, political director for NORML, said in an interview. “Given that a majority of states now regulate marijuana use and six out of ten voters endorse legalizing the plant’s use by adults, it is time that members of Congress take action to comport federal law with majority public opinion and the plant’s rapidly changing legal and cultural status. U.S. Attorney General Jeff Sessions must be restrained from having the ability to infringe on the rights of states that have successfully implemented marijuana legalization, be it for medical or responsible adult use.”

It is unclear if or when the new legislation will be voted on, but the development adds to significant momentum for cannabis reform on Capitol Hill and in states in recent weeks.

U.S. Senate Majority Leader Mitch McConnell (R-KY) filed a bill to legalize industrial hemp and fast-tracked it on the calendar, skipping the committee process, and said he intends to attach the language to the larger Farm Bill.

Minority Leader Chuck Schumer (D-NY) said he would soon introduce legislation to remove marijuana from the Controlled Substances Act and has pledged to support McConnell’s hemp bill.

Activists collected enough signatures to place marijuana measures on November ballots in Michigan and Utah, and advocates in Missouri filed signatures to qualify cannabis questions as well. Oklahoma voters will consider a medical marijuana initiative this month.

See the full text of the new bill below:

Senate Marijuana Bill by tomangell on Scribd

And here’s a one-pager explaining the bill’s provisions:

States Act One Pager by tomangell on Scribd

Photo courtesy of Edward Kimmel.

If you value staying updated on cannabis news, please start a monthly Patreon pledge to support Marijuana Moment!

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.)

Culture

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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Why Congressional Democrats Deleted Their Anti-Marijuana Tweet

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A Democratic organization tasked with regaining the party’s control of the U.S. House of Representatives tweeted a bizarre anti-marijuana attack on a politically vulnerable Republican congressman this week, but the group meekly walked back the comments after being called out about it…by me and some of the lawmakers it represents.

It started with a tweet, posted on Monday by the Democratic Congressional Campaign Committee (DCCC).

“GOP Rep. Dana Rohrabacher…has a ‘cult-like fixation on marijuana,'” the supposedly progressive group tweeted, quoting an article from conservative magazine National Review bashing the California congressman.

“It’s why [Democratic opponent] @HarleyRouda needs your help flipping this seat Clinton won from #RedToBlue,” the party organ added.

I was immediately struck by the tweet when I saw it minutes after it was posted. The vast majority of Democratic voters support marijuana legalization, as do all of the party’s U.S. senators who are thought to be weighing 2020 presidential campaigns.

Whenever Rohrbacher’s amendment to protect state medical cannabis laws from federal interference has reached the House floor, the overwhelming majority of Democratic lawmakers have consistently voted for it.

“There are a lot of reasons why Democrats and progressives would wish for Rohrabacher to lose his reelection fight, aside from the fact that ‘flipping this seat from red to blue’ could make the difference in determining which party controls the House come January. But marijuana is not one of them,” I wrote in a Los Angeles Times op-ed on Thursday.

“The Democratic committee could have highlighted Rohrabacher’s position that homeowners should have the right to refuse to sell property to gay people — something mentioned by National Review in the same sentence as that cannabis quip. Or his position on climate change. Or healthcare.

“Rep. Earl Blumenauer (D-Ore.), who has cosponsored many marijuana measures with Rohrabacher, told me in an emailed statement that the campaign committee’s tweet was ‘stupid,’ adding that he expressed those sentiments directly to the organization itself.”

Hours after the publication of my piece, DCCC has deleted the offending tweet, without comment.

In addition to Blumenauer’s public blasting of the organization’s tweet in my op-ed, at least one other Democratic congressman raised the issue during the party’s House Steering and Policy Committee on Thursday, a lawmaker who was in the room, but wished not to be named, told me.

“Pure bad karma and politics,” the legislator said, of the DCC tweet.

Indeed, beyond just Democrats, a growing majority of voters overall, as well independents and even Republicans specifically now support legalization.

California’s 2016 legal cannabis measure won by a significant margin in Rohrabacher’s district, so it’s somewhat of a mystery as to why Democrats thought attacking him over his leadership on the issue was a smart strategy to win back the seat.

Rohrabacher himself seemed to revel in the Democrats’ stepping in it and having to walk back their attack.

GOP pollster Frank Luntz chimed in, too.

One fun note that I didn’t have space to include in my LA Times op-ed is the fact that DCCC’s own chairman, Congressman Ben Ray Luján (D-NM), himself voted three times on the House floor in favor of Rohrabacher’s medical cannabis amendment and even backed a broader measure from Congressman Tom McClintock (R-CA) that would have protected state recreational marijuana laws from federal interference.

Democrats should be campaigning on, instead of attacking, marijuana law reform.

Unless they want to remain the minority party.

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Business

Major Alcohol Association Endorses States’ Rights To Legalize Marijuana

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For the first time ever, a major alcohol association has come out in support of ending federal marijuana prohibition so that states can legalize cannabis without interference.

The Wine & Spirits Wholesalers of America (WSWA) announced “an official policy position in favor of a state’s right to establish a legal, well-regulated, adult-use cannabis marketplace,” in a press release on Thursday.

The announcement represented a significant departure from the association’s past statements on marijuana reform. Just two years ago, WSWA said in a sponsored advertisement that it was “neutral on the issue of legalization,” going on to caution congressional officials about the “dangers associated with the abuse and misuse of marijuana,” including drug-impaired driving.

Now the alcohol trade group is singing a different tune.

“The legal cannabis market continues to expand in the United States, generating $7.2 billion in economic activity in 2016,” Thursday’s press release reads. “WSWA believes that, similar to alcohol, the federal government should give states the power to legalize cannabis, but should ensure they meet an appropriate regulatory threshold.”

“Eight decades ago, Americans acknowledged that the Prohibition of alcohol was a failed policy. The state-based system of regulation, adopted after Prohibition, created a U.S. beverage alcohol market that is the safest, most competitive and best regulated in the world.” — WSWA Acting Executive Vice President for External Affairs Dawson Hobbs

WSWA went on to outline 13 policies it recommended for states that legalize recreational marijuana.

  • A minimum age of 21 for purchase, possession and use, along with penalties for providing cannabis to minors;
  • Establishment of Driving Under the Influence impaired driving standards;
  • Licensing of producers, processors, distributors and retailers; Policies to prevent vertical monopoly/integration;
  • Hours and days of sale parity with beverage alcohol;
  • Tax collection and enforcement; Measures to prevent diversion of cannabis to other states;
  • Restrictions on sale/common carrier delivery;
  • Labeling requirements that include potency and health requirements;
  • Testing of formulas to ensure product purity and consistency;
  • Advertising restrictions designed to discourage underage access and promote responsible consumption;
  • Restrictions on health claims on packaging;
  • Establishment of a designated agency overseeing cannabis industry regulation in each state;
  • Penalties for licensee violations on par with the state’s alcohol regulations;
  • and Regulations that ensure all products in market can be tracked/traced to source processor/producer.

So what changed from two years ago?

While the group’s sudden embrace of local cannabis legalization efforts might strike some as odd given the intrinsic, competitive dynamic that’s developed between alcohol and marijuana interests, one aspect of the press release reveals how the broader booze industry could stand to profit:

“Legalization should include regulations that set age restrictions on buyers, as well as license and regulate the supply chain of cannabis, including growers, distributors, retailers and testing laboratories.” [Emphasis added.]

In other words, marijuana legalization might take a bite out of alcohol sales—as recent studies have shown—but the cannabis industry has diverse roles for various players to fill. Ancillary operators such as distributors now working under the current three-tier model for alcohol could be used in states with legal, regulated marijuana markets.

Hobbs denied that the association was trying to help the alcohol industry cash in on legal cannabis during an interview with Fox Business on Thursday.

“No, what we’re talking about is just creating a pathway for states to have federal recognition of legalization by enacting appropriate regulation that creates a safe and reliable marketplace,” Hobbs argued. He also said that the association wouldn’t be lobbying Attorney General Jeff Sessions to take action on federal marijuana policy, but rather the group’s focus would be on Congress.

Marijuana Moment reached out to WSWA for comment, but a representative was not immediately available.

What remains to be seen is whether other alcohol associations will follow suit. After all, a handful of alcohol interests, including the Arizona Wine and Spirits Wholesale Association and the Boston Beer Company donated to campaigns opposing legalization efforts during the 2016 election.

With this latest development from a major alcohol association, it seems the industry is conceding: If you can’t beat ’em, join ’em.

Cuomo Administration Report Backs Marijuana Legalization In New York

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