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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“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” Warren said in a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.

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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