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CCIA Calls For Help Supporting The SAFE Banking Act

CCIA Calls For Help Supporting The SAFE Banking Act

The California Cannabis Industry Association (CCIA) is calling for cannabis businesses to join them in imploring Speaker Pelosi to prioritize the Secure and Fair Enforcement Banking Act (SAFE Banking Act).

Click this link to add your company name and logo to the letter that will be sent to Speaker Pelosi later today. The cutoff time of today, August 4 at 5 pm is quickly approaching. Act now.

What is the SAFE Banking Act?

The SAFE Banking Act is a measure that will allow financial institutions, like banks and credit unions, and insurance providers to work with state-legal, legitimate cannabis businesses without fear of federal prosecution.

Currently, these service providers are not able to work with cannabis businesses because cannabis remains federally illegal under the Controlled Substances Act. More than 30 states, Washington D.C., Guam, and U.S. Virgin Islands have enacted either medicinal or recreational legalization amendments. Cannabis businesses deserve the same access to banking and insurance services as any other legitimate business. The federal government cannot ignore the will of the people, and lawmakers need to hear from you to know that you want them to support the SAFE Banking Act.

This is the email statement from the CCIA about the plan to send a letter:

Now is the time to raise our voices and fight for SAFE Banking on behalf of the entire cannabis community. We have a narrow window to implore Speaker Pelosi to prioritize this legislation. Please lend your name to this crucial effort by 5 pm on 8/4!

CCIA and The Liaison Group have been working tirelessly behind the scenes on SAFE Banking. Our efforts in the spring with California Delegation leaders Correa, Porter and Lieu, were crucial to SAFE making it into the Heroes Act.

SAFE Banking has passed out of the House on two occasions, the latest being part of the Heroes Act (H.R. 6800), however, this bill is yet to be passed by the Senate and signed into law. We need our leadership in California to negotiate that SAFE language remains in the COVID relief act!

We need SAFE Banking to ensure that BIPOC (Black, Indigenous, People of Color) owned businesses, especially women, have equitable access to funding and for the safety of our employees and our communities. We know that the fight for social justice and cannabis reform are deeply intertwined and that cannabis justice is racial justice. We cannot hope to repair our communities through reinvestment without the appropriate tools, including SAFE Banking.

CCIA will be submitting a letter on behalf of our members to urge Speaker Pelosi to help fight for SAFE Banking. Please use the link below to add your company name and logo by 5 pm 8/4.

https://cacannabisindustry.formstack.com/forms/ccia_safe_banking_letter

We’re in this fight together!

Below is a copy of the letter that the CCIA will send to Speaker Pelosi today:

August 5, 2020

The Honorable Nancy Pelosi 
U.S. House of Representatives 
Washington, DC 20515

Dear Speaker Pelosi:

For the safety of our employees and our communities, we the undersigned implore you to ensure the SAFE Banking Act remains part of COVID relief. As you know, the SAFE Banking passed out of the House on two occasions. The first was standalone bill H.R. 1595 and the second as part of the Heroes Act (H.R. 6800), however, this bill is yet to be passed by the Senate and signed into law. Upon reviewing the Senate response to Heroes, we were disappointed to see SAFE Banking not included, but want to make sure that this important piece of legislation is part of a final negotiated package. We need SAFE Banking to ensure that BIPOC (Black, Indigenous, People of Color) owned businesses, especially those owned by women, have equitable access to funding. Most notably, BIPOC owners who have been most adversely impacted by the pandemic compared to their white counterparts. Below are just some reasons among many that stress the importance of this relief.

  • Los Angeles’s social equity program, one of the few in the state, was designed to promote equitable ownership in the cannabis industry, but this program has had considerable challenges due to an imbalance of wealth. Although it was intended that Social Equity applicants have the opportunity to be first to market, a group of said applicants were forced to file a lawsuit to achieve fairness in a flawed process, which has now been settled. This is just the first step in an attempt to achieve equity. The majority of Social Equity applicants have not been able to afford the delayed process, nor the start-up costs associated with launching a cannabis business. 
  • BIPOC operators lack access to the capital that is essential to start cannabis businesses, so establishing loan programs would help with this burden. However, even if the SBA were to set up a loan program, this could not be effectuated without access to banks. 
  • Unfortunately, in the states that have equity programs written into their cannabis statutes, BIPOC owners fall prey to predatory business arrangements in which larger cannabis companies will be effectively running the businesses through a management services agreement while the BIPOC owner becomes a figurehead. 
  • Women and BIPOC face significant barriers to accessing investment dollars. Every year women of color get less than 1% of total venture capital funding. Further, data from 2019 indicates that only 200 Latinx and Black individuals nationwide were able to raise over $1 million in venture capital. This number is for all industries, not just cannabis. 
  • The bill is unquestionably part of a holistic approach to ending the War on Drugs, and its devastating effects on communities of color. The longer that BIPOC entrepreneurs have to wait to enter this industry, the greater disadvantage they are at because of larger companies’ ability to build their brands and customer loyalty. 
  • SAFE Banking reduces cash motivated crimes. Cannabis businesses and employees are routinely targeted, robbed, and sometimes attacked because of the large amounts of cash that they are forced to deal with.
  • Lastly, SAFE Banking as included in the Heroes Act (H.R 6800) calls for two diversity studies for the cannabis industry. While these studies will largely tell us what we currently know (that non-white representation in the industry is disproportionately low), this will create an important baseline for future conversations around legalization and ensuring the industry is equitable. 

We know that the fight for social justice and cannabis reform are deeply intertwined and that cannabis justice is racial justice. We cannot hope to repair our communities through reinvestment without the appropriate tools, including SAFE Banking. The events of recent months have shown us that this bill is more important than ever. We urge its swift passage to help our economy and our communities.

Sincerely,

Lindsay Robinson
Executive Director 
California Cannabis Industry Association (CCIA)

Conrad Gregory 
CCIA Board President 
Senior Vice President Harborside

Swetha Kaul
CCIA Board Vice President

Louisiana Expands State Medical Marijuana Program

Louisiana Expands State Medical Marijuana Program

New laws expanding the medical marijuana program in Louisiana went into effect on August 1. The state’s medical marijuana program has been criticized for being too limited and too restrictive since the program was established in 2016, but the three laws that went into effect on Saturday aim to improve the situation.

Louisiana’s medical marijuana program may have been established three years ago, but patients were not granted access to medicine until August of 2019 when the first round of the product became available. Home cultivation remains illegal for the more than 4,000 registered medical marijuana patients. Only two facilities are allowed to cultivate medical cannabis for the entire state, and only nine pharmacies are licensed to distribute it to patients.

House Bill 819

Previously, the number of physicians that were allowed to recommend medical marijuana therapy was limited and so were the conditions that would qualify a person for the program. Under the new regulations established by HB 819, any physician licensed by the state of Louisiana has the authority to recommend medical cannabis to his or her patients. Previously, only physicians registered with the program were permitted to discuss it with patients. As a result, the program struggled to recruit physicians to participate.

This legislation also expands conditions which qualify a person to apply for the program and puts more emphasis on the patient-physician relationship by opening the program’s door to any person suffering from “any condition” which is deemed to be debilitating by the physician. Under the prior regulations, only patients suffering from a certain list of conditions, like cancer, epilepsy, or HIV, could qualify for the medical marijuana program.

House Bill 418

Even though more than half of the states in America have legalized some form of cannabis use, whether medical or recreational, the plant and its derivatives remain federally illegal. House Bill 418 aims to provide extra protection for those businesses that operate within the parameters of Louisiana state law. This legislation certifies that: “Any facility that is licensed by the Louisiana Department of Health and has patients in its care using medical marijuana shall be exempt from the prohibitions provided in this Section for possession and distribution of marijuana.”

House Bill 211

House Bill 211 addresses another major restriction placed on state-legal cannabis businesses by the federal government. While cannabis remains illegal under the Controlled Substances Act, businesses licensed by the federal government, like those that provide banking services, are not able to work with any cannabis-related company without fear of federal prosecution.

Unlike federal regulations, the enactment of House Bill 211 is meant to motivate financial institutions to service those cannabis-related businesses that are licensed and operating legally in the state of Louisiana.

This legislation sets the expectation that the state will not: “Penalize a state bank or credit union for providing financial services to a cannabis-related legitimate business or service provider solely because the account holder is a cannabis-related legitimate business or service provider or is an employee, owner, or operator of a cannabis-related legitimate business or service provider.”

Federal Law: SAFE Banking Act

Many proponents think that federal lawmakers should take a page out of Louisiana’s playbook regarding the relationship between financial institutions and legitimate cannabis businesses. As long as cannabis remains illegal under federal law, banks that choose to work with cannabis industry businesses are at risk even though those businesses are operating legally under state law.

The United States Congress is currently considering legislation known as the Secure and Fair Enforcement Banking Act (SAFE Banking Act) which would effectively lift the restrictions preventing banks and insurance service providers from openly working with cannabis businesses.

The House has already approved the SAFE Banking Act, and the legislation is currently being held up by the Senate Committee on Banking, Housing, and Urban Affairs. Some Senators may need encouragement from you, the constituents, to support the SAFE Banking Act. NORML has made it incredibly easy to contact your state’s Senators to let them know that you want them to approve the SAFE Banking Act. Click here to be redirected to NORML’s website where all you have to do is enter your information and it will automatically send your letter of support.

Trump Plans To Back Legal Medical Marijuana After Midterms, GOP Congressman Says

Trump Plans To Back Legal Medical Marijuana After Midterms, GOP Congressman Says

Marijuana reform will likely be on the Trump administration’s agenda after the midterm elections, Rep. Dana Rohrabacher (R-CA) said on Thursday.

In an interview with Fox Business, Rohrabacher said he’s been “talking to people inside the White House” and members of President Donald Trump’s inner circle about ending cannabis prohibition. The congressman said he’s been “reassured that the president intends on keeping his campaign promise” to protect local marijuana policies from federal interference.

Though Rohrabacher didn’t point to specific legislation that the president is reportedly interested in advancing, he said that details would likely begin to take shape after November 6.

“I would expect after the election we will sit down and we’ll start hammering out something that is specific and real.”

Trump has previously voiced support for a bipartisan bill, introduced by Sens. Elizabeth Warren (D-MA) and Cory Gardner (R-CO), which would amend the Controlled Substances Act to protect states that legalize cannabis from federal interference. He also embraced medical cannabis during his presidential campaign, saying that he knows people who have benefited from using it.

Rohrabacher, in the new interview published Thursday, laid out a vague timeline for anticipated congressional action on marijuana reform.

“It could be as early as spring of 2019, but definitely in the next legislative session,” he said.

What remains to be seen is which party will ultimately take the lead on marijuana after the midterms. Though Democrats are generally more supportive of cannabis reform and multiple bills have been introduced to achieve that end, a top House Democrat recently conceded that the party hasn’t been actively discussing plans to pass marijuana legislation.

Asked last month whether Democrats would bring cannabis legislation to the floor if the party retakes the House in November, House Minority Whip Steny Hoyer (D-MD) admitted “[w]e haven’t talked about that.”

And House Minority Leader Nancy Pelosi (D-CA), who is expected to seek the speakership again if Democrats win control of the chamber in the midterms, indicated that the prospects for marijuana legislation would depend on support from the president.

“I don’t know where the president is on any of this,” she said. “So any decision about how we go forward would have to reflect where we can get the result.”

Based on polling, either party stands to benefit from taking on a marijuana friendly agenda. Fewer Republican voters support full legalization, compared to Democrats, but when it comes to medical cannabis, there’s sizable majority support on both sides of the aisle.

See the original article published on Marijuana Moment below:

Trump Plans To Back Legal Medical Marijuana After Midterms, GOP Congressman Says

Pennsylvania Lawmakers To Vote On Marijuana Decriminalization This Week

Pennsylvania Lawmakers To Vote On Marijuana Decriminalization This Week

A bill that would decriminalize possession of small amounts of marijuana could advance in the Pennsylvania legislature this week.

On Tuesday, the House Judiciary Committee is scheduled to take up the bill, which was filed by Republican state Rep. Barry Jozwiak, a former state trooper and Berks County sheriff. The legislation seeks to make possession of under 30 grams of cannabis a summary offense punishable by up to a $300 fine and no jail time for first- and second-time offenders.

Though simple possession is already effectively decriminalized in several Pennsylvania jurisdictions, including Philadelphia and Pittsburgh, state law considers the offense a third-degree misdemeanor that carries penalties of up to a $500 fine, up to 30 days of jail time and a drivers license suspension.

“Downgrading this offense from a misdemeanor to a summary offense would have a positive effect on local law enforcement efforts, allowing police and prosecutors to focus their time and resources on more serious offenses,” Jozwiak wrote in a co-sponsorship memorandum in February 2017.

“As a former law enforcement officer, I strongly believe in cracking down on drug dealers and those who prey on the young or weak with drugs. But those defendants are addressed elsewhere in the Controlled Substances Act. For individuals who merely possess small amounts of marijuana, I believe this adjusted grading makes sense.”

A prior version of the bill was introduced in 2015, but it did not receive a committee vote. And while marijuana reform advocates are supportive of efforts to eliminate criminal punishments for cannabis offenses, some view Jozwiak’s bill as a red herring.

“Reducing the misdemeanor level offense to a non-traffic summary citation will keep thousands out of the criminal justice system and will help to alleviate the disparity in cannabis enforcement,” Patrick Nightingale, executive director of Pittsburgh NORML, told Marijuana Moment. “We cannot, however, support legislation that will nonetheless continue to expose Pennsylvanians to criminal prosecution.”

“HB 928 would escalate to a misdemeanor if the individual has two prior summary convictions for cannabis possession. An amendment would also criminalize mere possession in a motor vehicle. We believe this will continue to incentivize law enforcement to harass cannabis consumers. We also believe this is yet another attempt to control cannabis consumption through with threats of criminal prosecution which has proven to be an abysmal failure.”

Under Jozwiak’s bill, a third marijuana possession offense would be considered a third-degree misdemeanor, punishable by a $1,000 fine and no jail time. The individual’s third possession offense would lead to a drivers license suspension, but that suspension would expire after six months.

Nightingale and other advocates have their sites set on more far-reaching proposed marijuana reforms.

A majority of Pennsylvania voters (59 percent) back full marijuana legalization. But political leadership on the issue has been lacking in the Keystone State, leaving a void for reform that either party could theoretically occupy.

Pennsylvania Gov. Tom Wolf (D) is a supporter of the state’s medical cannabis program, which he signed into law, but said as recently as Monday that he’s not ready back a bill to legalize marijuana for adult-use and wants to continue to observe other legal states before enacting such a program in Pennsylvania.

Wolf does, however, favor decriminalizing marijuana. And his lieutenant governor running mate, Braddock Mayor John Fetterman, supports outright legalization.

Meanwhile, the state House and Senate is GOP-run. Though there’s modest support for basic reform efforts such as decriminalization, Pennsylvania House Speaker Mike Turzai (R) has represented a consistent roadblock on the path to legalization. He was reportedly brought to tears at a closed-door caucus meeting about a prospective medical marijuana program in 2015.

If the Jozwiak decriminalization bill makes it our of the Judiciary Committee on Tuesday, it’s unclear if or when it would be scheduled for floor action.

Opinions about legalization notwithstanding, there’s considerable support for marijuana reform across the United States. Pennsylvania is no exception, and it’s increasingly apparent that lawmakers on both side of the aisle who align themselves with moves to change cannabis laws are likely to find supportive constituents.

See the original article published on Marijuana Moment below:

Pennsylvania Lawmakers To Vote On Marijuana Decriminalization This Week

Amid Primary Challenge, Democrat Senator Now Supports Marijuana Bill

Amid Primary Challenge, Democrat Senator Now Supports Marijuana Bill

Over the course of his more than 17 years in the U.S. Senate, Delaware Democrat Tom Carper has never before cosponsored a marijuana reform bill. Nor did he add his name to any piece of cannabis legislation during the 10 years he served in the U.S. House.

But that changed on Monday, when Carper became a co-sponsor of a far-reaching bill to remove marijuana from the Controlled Substances Act so that states can implement legalization without federal interference.

What’s new this year? Aside from marijuana reform’s general political ascendancy—more states are deleting their prohibition laws and a growing majority of voters now support legalization—Carper is facing an unexpectedly tough primary challenge from a progressive insurgent candidate.

That contender, Kerri Evelyn Harris, has praised Canada’s legalization of marijuana and said that Delaware should make similar moves to deal with its prison overcrowding issues.

The criminal justice reform platform on her website includes a bullet point on “taxing and regulating marijuana.”

A recent Washington Post profile of the race featured this vignette in which Harris spoke about her support for legalization to a pair of voters who were smoking a joint:

“During a Friday night canvass in Wilmington, Harris spent 30 minutes talking to two men who had been passing a joint between them and were intrigued by her support for legal marijuana. By the end of the talk, one had agreed to come to her office to learn about volunteering.”

Carper currently has an F grade in NORML’s congressional scorecard.

“We welcome Senator Carper’s support for the federal descheduling of cannabis and cosponsorship of the Marijuana Freedom and Opportunity Act,” NORML Political Director Justin Strekal told Marijuana Moment. “It has been a long time coming, but given the public support for outright legalization in Delaware and across the country, the senator’s support for policies like expungement and reparative justice is another important mile-marker on the road to victory.”

The Marijuana Freedom and Opportunity Act, which Carper is now supporting, was introduced in late June by Senate Minority Leader Chuck Schumer (D-NY) and other Democrats.

While the only poll in the race to date, conducted in July, showed Carper leading Harris by a wide margin of 51 percent to 19 percent, political observers have flagged the race as one to watch in the wake of Alexandria Ocasio-Cortez’s upset Democratic primary victory over New York Congressman Joe Crowley in June.

Carper’s move to sponsor cannabis legislation amid a fierce primary is similar to how Sen. Dianne Feinstein (D-CA), a longtime vocal legalization opponent, evolved earlier this year during the course of her own renomination effort. The senator now says she supports the right of Californians to comply with the state’s marijuana laws without being sent to federal prison. That announcement came as state Senator Kevin de León (D) continually highlighted his own support for legalization as a contrast to incumbent Feinstein. The two Democrats will face off in November’s general election since they both advance under the state’s top-two primary system.

The Delaware primary between Carper and Harris will be held on September 6.

In June, a majority of members of Delaware’s House of Representatives voted to approve a marijuana legalization bill, but it did not receive the supermajority support needed to advance under the chamber’s rules.

A 2016 poll found that Delaware adults support legalizing cannabis by a margin of 61 percent to 35 percent.

See the original article published on Marijuana Moment below:

Amid Primary Challenge, Democrat Senator Now Supports Marijuana Bill

Photo by rawpixel.com from Pexels

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