Legislation to end the federal prohibition of cannabis has been submitted in the U.S. Senate by Senator Ron Wyden (D-OR). S. 420’s companion proposals, including H.R. 420, were submitted in the House last week by Representative Earl Blumenauer (D-OR).
“The American people have elected the most pro-cannabis Congress in American history and significant pieces of legislation are being introduced,” said Blumenauer. “The House is doing its work and with the help of Senator Wyden’s leadership in the Senate, we will break through.”
“I introduced S.420, my bill to legalize and responsibly regulate and tax marijuana,” Wyden tweeted on February 8. “It’s time to bring our country’s marijuana policies into the 21st century, and my legislation is the way to do it.”
S. 420 was introduced on Friday, February 8 as part of a legislative package consisting of three different proposals being called the Path To Marijuana Reform.
The first one, Small Business Tax Equity Act, proposes that legal cannabis businesses should be allowed to claim tax deductions just like any other small business. Currently, they may not claim tax deductions or credits because cannabis remains a Schedule I substance under the Controlled Substances Act. This amendment was enacted in 1982 after a narcotics dealer claimed expenses associated with the sale of illegal drugs on his taxes. Now that more than half of the states in the nation have legalized cannabis for either medicinal or recreational purposes, those state-legal businesses deserve to be able to operate as such.
The second, Responsibly Addressing the Marijuana Policy Gap Act, permits states to determine their own cannabis laws, thereby “reducing the gap between federal and state laws.” As long as individuals and businesses are operating under state law, this proposal would remove the risk of federal criminal penalties. It also allows legal cannabis businesses to have access to normal banking services, permits U.S. veterans access to medical marijuana, and protects the rights of Native American tribes to grow and sell marijuana on tribal land.
The third bill in the legislative package is called the Marijuana Revenue and Regulation Act. This proposal would remove cannabis from the Controlled Substances Act, effectively de-scheduling it. It also seeks to tax and regulate cannabis products in the same way that alcohol and tobacco currently are, imposing an excise tax on the sale of cannabis. Federal permits from the Department of Treasury would also be issued to cannabis producers, importers, and wholesalers.
“The federal prohibition of marijuana is wrong, plain and simple. Too many lives have been wasted, and too many economic opportunities have been missed,” Wyden said in a press release. “It’s time Congress make the changes Oregonians and Americans across the country are demanding.”
Just fewer than two years since insisting it was a “gateway drug,” New York Governor Andrew Cuomo is singing a different tune regarding the legalization of cannabis for recreational use in The Empire State.
“It’s a gateway drug, and marijuana leads to other drugs and there’s a lot of proof that that’s true,” Governor Cuomo said in February of 2017. “There’s two sides to the argument. But I, as of this date, I am unconvinced on recreational marijuana.”
Fast forward to present day, and Governor Cuomo is in favor of establishing a regulated, legal market. This was showcased during a recent speech when Cuomo said, “Let’s legalize the adult use of recreational marijuana once and for all.”
“Legalize Adult Use of Recreational Marijuana,” is also included in his agenda for the first 100 days of 2019. Ending the racial disparity in marijuana related arrests was a major motivator in his shift from opposition. According to the agenda, “Governor Cuomo will end the disproportionate criminalization of one race over another by regulating, legalizing and taxing adult use of recreational marijuana.”
This shift in opinion did not happen overnight. After reading a report from the state Health Department in July of last year, Cuomo acknowledged that, “The situation on marijuana is changing.” The report, titled “Assessment of the Potential Impact of Regulated Marijuana in New York State,” started with a brief history of cannabis in the United states, covering how it was widely used as medicine and sold in pharmacies until the 1930s. The report concluded that there are more advantages to establishing a regulated market than there are disadvantages.
One of the most compelling potential benefits mentioned in the report was the tax revenue the state could collect. An analysis released by New York City Comptroller Scott M. Stringer estimated that the legal cannabis market in New York could exceed $3 billion. The tax revenue estimated from sales could be as much as $436 million each year. That amount is difficult to ignore when state schools and law enforcement agencies would benefit greatly from the funds.
Job creation, economic development, fewer minority arrests and the opportunity to explore different options regarding personal health were also listed among the potential benefits that may come with a legal market in New York. “The positive effects of a regulated marijuana market in N.Y.S. outweigh the potential negative impacts,” the Health Department concluded. “Areas that may be a cause for concern can be mitigated with regulation and proper use of public education that is tailored to address key populations.”
Governor Cuomo also recognizes that maintaining prohibition may soon be a waste of state resources since people can make legal purchases in Massachusetts, where retail shops opened doors to the public in November of last year. Legislators in New Jersey are also working to pass legislation to legalize the recreational use and retail sale, and Connecticut is predicted to legalize soon as well.
If New York beats New Jersey to the punch, it will become the 11th state to legalize the recreational use of cannabis. It would also be second to legalize by state legislature instead of a voter initiative. The Pew Research Center released a poll in 2018 which revealed that 62 percent of people in America are in favor of legalizing marijuana. An even larger number of millennials, 74 percent, responded that they supported legalization. The number of those in favor has increased since 2015 when only 53 percent reported that they believed cannabis should be legal in the United States.
On Wednesday, Rep. Earl Blumenauer (D-OR) issued a memo to his party’s leadership laying out a step-by-step process for how they can pass marijuana legislation in 2019 should they control one or both chambers of Congress.
Read the full memo below:
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See the original article published on Marijuana Moment below:
Read Rep. Earl Blumenauer’s Marijuana Memo To Democrats On 2019 Legalization