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.”
Anti-marijuana Attorney General Jeff Sessions tendered his resignation on Wednesday, one day after Republicans lost control of the House.
That left cannabis policy observers scrambling to find out where the temporary replacement at the top of the Department of Justice, Sessions’s Chief of Staff Matthew Whitaker, stands on marijuana.
Here’s what Marijuana Moment found in our initial review.
During a 2014 primary debate for the Republican U.S. Senate nomination from Iowa, Whitaker sympathized with patients who benefit from marijuana ingredient cannabidiol (CBD). But, he also voiced concerns about the disconnect between state legalization efforts and the enforcement of federal law under the Obama administration.
During the debate, hosted by Iowa Public Television, he was asked about the state’s recent passage of a CBD-only medical cannabis law.
“First of all, I know a couple of families that are going to be positively impacted by what has happened in the state senate today,” he said. “And I applaud them for helping those families who need that help.”
Whitaker then turned to the Justice Department’s marijuana policy under President Barack Obama’s attorney general, Eric Holder.
“But what we have is we have an attorney general that is telling state attorney generals, ‘if you disagree with a law, you don’t have to enforce it.’ And I am gravely concerned that we are now going to go back and forth between who’s in the White House and what their drug enforcement policy is, and you’ll see under what we have now—where you have Colorado and other states legalizing it really with no federal interference—and then when we come back, we may have a different regulatory scheme.”
Well, then, what should Congress do to resolve those differences?
“I think Congress should regulate things that harm people, and that is the hard drugs and the like that dramatically hurt citizens, cause violent crime in our communities, and those should be regulated,” he said.
“But not marijuana?” the debate moderator asked.
“For me, I saw the impact of marijuana on our border,” he said, presumably referring to his time as a U.S. attorney. “And if you go to any of the counties in Texas where there’s an illegal importation of marijuana, there’s a tremendous amount of violence.”
Marijuana reform advocates have generally applauded the announcement of Sessions’s resignation, as the now former attorney general has a long history of demeaning cannabis consumers, disregarding research about the benefits of medical marijuana and upholding federal prohibition.
“Attorney General Jefferson Sessions was a national disgrace, NORML hopes he finds the time during his retirement to seek treatment for his affliction of 1950’s reefer madness,” NORML executive director Erik Altieri said in a press release.
Rep. Earl Blumenauer (D-OR) called the move a “major step forward for marijuana reform,” also noting that Rep. Pete Sessions (R-TX), who has obstructed votes on marijuana-related legislation as chair of the House Rules Committee, was defeated in Tuesday’s midterm elections. The two are not related despite sharing the same last name and a disdain for cannabis.
Losing two Sessions, Jeff and Pete, in 24 hours is a major step forward for marijuana reform. https://t.co/ykR8eT8Rid
However, there’s also an argument to be made that Sessions’s departure from the office could ultimately pose threats to the legal cannabis movement. Sessions and President Donald Trump have had a contentious relationship almost from the start of the administration, and the attorney general’s reluctance to crack down on legal cannabis states could theoretically be attributed, in part, to that dynamic. The next attorney general could enjoy some more flexibility when it comes to enforcing federal marijuana laws.
For his part, Sen. Cory Gardner (R-CO) said on Tuesday that he’s looking forward to “continuing to work with the President to fulfill his campaign position to leave the regulation of marijuana to the states.”
With respect to new leadership at DOJ, I will remain committed to defending the rule of law and the rights and decisions of Coloradans. I look forward to continuing to work with the President to fulfill his campaign position to leave the regulation of marijuana to the states.
Trump has already said he’s actively pursuing a permanent replacement for Sessions, so it’s unclear what, if anything, Whitaker could achieve during his temporary stint as acting attorney general, or how long his tenure will last.
A Democratic lawmaker who many political observers believe will likely be the next chairman of the powerful U.S. House Judiciary Committee implied in an interview on Wednesday that he supports legalizing other currently illicit drugs in addition to marijuana.
“From everything we have learned, people are going to do drugs. And certainly the softer drugs like marijuana, there’s no good reason at all that they cannot be legalized and regulated properly,” Rep. Jerrold Nadler (D-NY) said.
“The major effect of the war on drugs has been to fill our prisons with huge numbers of people to no great effect except to waste money and to ruin lives.”
In the comments, which Nadler made during an interview with WNYC’s Brian Lehrer Show, the congressman did not specify with substances he believes should be legalized, but his use of the pluralized phrase “softer drugs like marijuana” and the word “they” suggests his anti-prohibition views extend beyond just cannabis.
There is no precise definition of what constitutes a “soft drug” as compared to a “hard drug,” but some analysts categorize substances like LSD, psilocybin and MDMA in the former category in light of their lack of addictive potential.
Nadler is currently the top ranking Democrat on the Judiciary Committee, which has oversight of the Drug Enforcement Administration and other federal law enforcement agencies involved in drug enforcement and prosecution. If Democrats take control of the House in the midterm elections, as many poll watchers predict, he would likely ascend to the panel’s chairmanship and have the power to bring marijuana and other drug reform bills up for a vote.
Also in the radio interview, Nadler called the war on drugs an “abject failure” that is “not succeeding in reducing crime or doing anything else.”
“We ought to look at drugs as a public health issue.”
When it comes to marijuana, Nadler sees it as “far less damaging than nicotine to people’s health and we should probably regulate it similarly,” he said in the interview, adding that its current restrictive Schedule I status “doesn’t make any sense.”
See the original article published on Marijuana Moment below:
Which party is going to take a leadership role in advancing marijuana reform after the midterm elections? It depends on who you ask.
On Thursday, both Reps. Dana Rohrabacher (R-CA) and Earl Blumenauer (D-OR) indicated that their respective party would be backing legislation to change federal cannabis laws in the months after November’s critical election. Rohrabacher said that he’d received assurances that the White House would support reform efforts during the 116th Congress, which begins in January.
“It could be as early as spring of 2019, but definitely in the next legislative session,” he said, noting that President Donald Trump planned to keep his promise to support a bipartisan bill to protect legal states from federal interference.
Later, Blumenauer—a close colleague of the Republican congressman when it comes to cannabis reform efforts—said that Democrats would promote legislation to change cannabis laws in the first half of 2019 if his party retakes the House.
“With Democrats in control, we will be able to have the legislative process work and we’ll see more progress in a relatively short order, I think.”
“These will be some of the easiest things to do in the first six months of a new Congress because they’re supported by the public, the legislation is already teed up and ready to go,” Blumenauer said in an interview with Bloomberg. “It’s one of these areas of progress that will show we can get our act together and move forward.”
“It doesn’t have to be the top priority. It’s simpler than health care or global warming. And it’s supported by the public. I think it’s a no-brainer. I think it moves in the next six months.”
Watch the full interview here:
Blumenauer seems to be breaking somewhat from his party’s leadership. House Minority Whip Steny Hoyer (D-MD), for example, said last month that top Democrats haven’t yet “talked about” promoting federal marijuana legislation if the party retakes the House in the midterm elections. House Minority Leader Nancy Pelosi (D-CA) also suggested that the fate of federal cannabis reform would depend, in part, on the will of the president.
“I don’t know where the president is on any of this,” Pelosi said. “So any decision about how we go forward would have to reflect where we can get the result.”