Tag: Congress

When it comes to cannabis public policy, the United States is home to some of the most ridiculous policies on earth, at least from a contradictory standpoint. Cannabis first became prohibited at the federal level in the United States in 1937. For many decades every state prohibited all forms of cannabis.

In the early 1970s the first state in the country, Oregon, decriminalized cannabis in direct defiance of federal law. In 1996 California became the first state to legalize cannabis for medical use, and in 2012 both Colorado and Washington State became the first to legalize cannabis for adult use. Meanwhile, cannabis remained prohibited throughout all of it at the federal level and still remains prohibited despite so many states having passed medical and/or adult-use legalization measures in recent years.

Fortunately, efforts have picked up in Congress to finally legalize cannabis at the federal level, at least to some degree. For various reasons, not the least of which is the standard inefficiencies of Congress, legalization has remained elusive. Senate Majority Leader Chuck Schumer has indicated that he plans to introduce a bill in April that he seems to think he can build a coalition around. Below is more information about it via a news release from NORML:

Washington, DC: US Senate Majority Leader Chuck Schumer announced at a press conference on Friday that he intends to formally introduce the Cannabis Administration and Opportunity Act (CAOA) in April. The forthcoming legislation, which was released in draft form last July, repeals federal marijuana prohibition by removing cannabis from the US Controlled Substances Act.

Speaking at the event, Sen. Schumer said: “In the coming weeks, we’re ramping up our outreach and we expect to introduce final legislation. Our goal is to do it in April. Then we begin the nationwide push, spearheaded by New York, to get the federal law done. As the majority leader, I can set priorities. This is a priority for me.”

NORML’s Political Director Morgan Fox responded: “We are enthusiastic that the Senator is moving forward on his promise to prioritize cannabis policy reform in the 117th Congress. It is our hope that the official introduction of CAOA jumpstarts hearings and debates in the Upper Chamber — debates that are long overdue.”

In past months, Senate leadership has received criticism for both the slow rollout of the CAOA and for failing to support efforts to enact more incremental federal legislation, such as The SAFE Banking Act, which has been passed multiple times by the US House of Representatives.

NORML was among numerous groups that submitted comments in response to the CAOA draft. Specifically, NORML called for:

• Strengthening civic protections, including record relief, to provide justice to those previously wronged by federal marijuana criminalization;
• Revising outdated employment policies regarding non-scientific testing for trace metabolic elements of THC;
• Ensuring that small and local businesses can compete both with larger corporations and the unregulated market by reducing regulatory and tax burdens;
• Narrowing the scope of the proposed excise tax to exempt medical cannabis consumer markets;
• Balancing the roles of the FDA, TTB (Alcohol and Tobacco Tax and Trade Bureau), ATF, and antitrust regulators in a manner that is consistent with other adult-use substances, such as alcohol or tobacco, to ensure non-disruption of currently operational state programs and promoting increased local ownership in the future iterations of the marketplace.

The entirety of NORML’s comments are available.

As initially drafted, the Cannabis Administration and Opportunity Act directs the US Attorney General to remove marijuana from the federal Controlled Substances Act — thereby allowing states to either maintain or establish their own cannabis regulatory policies free from undue federal interference. Under this scheme, state governments – if they choose to do so – can continue to impose criminal penalties for marijuana possession offenses. However, states would not be permitted to prohibit the interstate commerce of legal cannabis products transported through their borders.

The proposal also mandates for the expungement of the records of anyone convicted of a federal, non-violent marijuana offense. The expungements must take place within one year of the law’s enactment.

The Act also forbids federal officials from taking discriminatory actions against those who legally use cannabis. It prohibits “individuals from being denied any federal public benefit … on the basis of [the] use or possession of cannabis.” It also, for the first time, permits physicians associated with the US Department of Veterans Affairs to make recommendations to their patients to access medical cannabis.

The proposal transfers primary agency jurisdiction over cannabis regulation from the US Drug Enforcement Administration to the Food and Drug Administration and to the Alcohol and Tobacco Tax and Trade Bureau in a manner similar to the ways in which these agencies already oversee alcohol and tobacco products. A federal excise tax of 10 percent would be imposed within the first year of the law’s enactment. Medical cannabis access programs, which are operational in the majority of US states, would not be disrupted under this federal plan.

The proposed Senate plan is competing against two other House bills, The MORE Act and The States Reform Act, both of which also seek to deschedule cannabis at the federal level. The MORE Act previously was advanced by the US House of Representative in the 116th Congress and is expected to be taken up again by House lawmakers in the coming weeks.

Additional information on the Cannabis Administration and Opportunity Act is available from NORML.

When it comes to cannabis policy, the United States is very unique. Cannabis still remains illegal at the federal level in the U.S., however, several states have legalized cannabis for adult use and all but two have legalized cannabis for medical purposes to some degree.

It’s a federalism policy discrepancy that has led to showdowns in the past in the form of dispensary raids and prosecutions. Fortunately, federal raids on state-legal cannabis businesses have subsided in recent years.

A supermajority of United States voters supports ending federal cannabis prohibition, with legalization receiving majority support from both sides of the aisle.

That bipartisan support comes at a time when the United States is as divided as much as ever before. In politically hostile times, you will be hardpressed to find a more winning political issue than cannabis reform.

Unfortunately, Congress has dragged its feet when it comes to passing legalization legislation. Federal cannabis reform measures have passed in the House of Representatives, but not the Senate. A new bill is giving new hope to the status quo changing. Per our friends at NORML:

United States Senate Leader Chuck Schumer (D-NY), along with Senators Cory Booker (D-NJ) and Ron Wyden (D-OR) unveiled draft legislation repealing the federal prohibition of marijuana at a press conference on Wednesday.

The draft legislation, titled the Cannabis Administration and Opportunity Act, makes numerous changes to federal marijuana laws while providing deference to states’ cannabis policies.

Upon introducing the legislation, Sen. Schumer said: “This is monumental because at long last we are taking steps in the Senate to right the wrongs of the failed war on drugs. … I will use my clout as Majority Leader to make this [legislation] a priority in the Senate. … It makes eminent sense to legalize marijuana.”

NORML Executive Director Erik Altieri said: “The days of federal prohibition are numbered. These actions by Senate Majority Leader Schumer and Senators Booker and Wyden reflect the fact that the supermajority of Americans is demanding that Congress take action to end the cruel and senseless policy of federal prohibition. It is time for legislators to comport federal law with the laws of the growing number of states that have legalized the plant, and it is time for lawmakers to facilitate a federal structure that allows for cannabis commerce so that responsible consumers can obtain high-quality, low-cost cannabis grown right here in America without fear of arrest and incarceration.”

NORML Political Director Justin Strekal added: “Our main priority is to ensure that Americans who choose to responsibly consume cannabis are no longer discriminated against under the law. “With one in eight Americans choosing to consume on a semi-regular basis, including nearly one in four veterans, we must end the practice of arresting over 500,000 Americans every year and denying countless others employment, housing, and other civic rights if we are truly to be the ‘Land of the Free’. The federal government can take great strides toward rectifying this situation by advancing the Cannabis Administration and Opportunity Act through the legislative process.”

Specifically, the Cannabis Administration and Opportunity Act directs the US Attorney General to remove marijuana from the federal Controlled Substances Act — thereby allowing states to either maintain or establish their own cannabis regulatory policies free from undue federal interference. Under this scheme, state governments – if they choose to do so – can continue to impose criminal penalties for marijuana possession offenses. However, states would not be permitted to prohibit the interstate commerce of legal cannabis products transported through their borders.

The proposal also mandates for the expungement of the records of anyone convicted of a federal, non-violent marijuana offense. The expungements must take place within one year of the law’s enactment.

The Act also forbids federal officials from taking discriminatory actions against those who legally use cannabis. It prohibits “individuals from being denied any federal public benefit … on the basis of [the] use or possession of cannabis.” It also, for the first time, permits physicians associated with the US Department of Veterans Affairs to make recommendations to their patients to access medical cannabis.

The proposal transfers primary agency jurisdiction over cannabis regulation from the US Drug Enforcement Administration to the Food and Drug Administration and to the Alcohol and Tobacco Tax and Trade Bureau in manner similar to the ways in which these agencies already oversee alcohol and tobacco products. A federal excise tax of 10 percent would be imposed within the first year of the law’s enactment. Medical cannabis access programs, which are operational in the majority of US states, would not be disrupted under this federal plan.

Pending language in the US House of Representatives, the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act of 2021, similarly removes (deschedules) cannabis from the CSA and facilitates the expungement of past federal marijuana-related crimes. House lawmakers passed a previous version of the MORE Act in December by a vote of 228 to 164, marking the first time that a chamber of Congress ever advanced legislation to end the federal prohibition of cannabis. Senate lawmakers, however, failed to take up the bill.

Senators are seeking feedback on the draft legislation through September 1. Public comments may be provided to Cannabis_Reform@finance.senate.gov. In an interview with the publication Politico in April, Sen. Schumer pledged that he would hold a floor vote on the bill “sooner or later” this term. The Senate has never held a floor vote on legislation pertaining to descheduling cannabis.

September will reportedly see a historic cannabis legalization vote occur in the United States House of Representatives. Below is more information about it from our friends at NORML via a press release sent to the International Cannabis Business Conference:

House lawmakers are preparing for a September floor vote on legislation – The Marijuana Opportunity, Reinvestment, and Expungement Act a/k/a The MORE Act – to remove marijuana from the federal Controlled Substances Act. The forthcoming vote would mark the first time since the passage of the Controlled Substances Act of 1970, which placed cannabis in the same category as heroin as a Schedule I controlled substance, that a Congressional chamber has voted to remove marijuana from its prohibitive classification.

“Passage of The MORE Act is essential in order to truly right the wrongs of federal marijuana criminalization, and to once and for all allow the majority of states that have legalized cannabis for either medical or adult-use to embrace these policies free from the threat of undue federal prosecution or interference,” NORML Deputy Director Paul Armentano said.

Since the bill’s introduction last year, NORML has been a leader in the federal lobbying efforts in support of The MORE Act. To date, NORML members have sent over 100,000 messages to Congress in support of the Act’s passage.

Earlier this month, Democratic Presidential nominee Joe Biden chose California Senator Kamala Harris to be his running mate. Senator Harris is the lead sponsor of The MORE Act in the Senate. According to national polling data compiled by the Data for Progress think-tank, 62 percent of likely voters – including majorities of Democrats and Republicans – support passage of The MORE Act.

The House version of the Act, HR 3884, currently has over 85 cosponsors, including Assistant Speaker Ben Ray Lujan; Democratic Caucus Chairman Hakeem Jeffries and caucus-Vice Chair Katherine Clark; and Committee Chairs Maxine Waters, Jim McGovern, Raul Grijalva, and Nydia Velazquez; and Cannabis Caucus co-Chairs Earl Blumenauer and Barbara Lee.

Last November, members of the House Judiciary Committee advanced the House version of The MORE Act, marking the first time in history that federal lawmakers have moved forward legislation to remove (a/k/a deschedule) cannabis from the Controlled Substances Act (CSA). NORML believes that comprehensive federal marijuana policy reform is only possible via descheduling marijuana rather than by rescheduling it. Just as alcohol is not included in the CSA, thereby leaving states to be the primary regulators of their own alcohol policies, NORML maintains that cannabis should similarly be descheduled.

“Less than two years ago, we put out our blueprint outlining a path to cannabis legalization in the 116th Congress,” said Representative Earl Blumenauer, co-Chairman of the Congressional Cannabis Caucus. ”Now, after many months of hard work and collaboration, we finally have a chance to end the failed policy of prohibition that has resulted in a long and shameful period of selective enforcement against people of color, especially Black men. As people across the country protest racial injustices, there’s even greater urgency for Congress to seize this historic opportunity and finally align our cannabis laws with what the majority of Americans support, while ensuring restorative justice.”

The Act would also make several other important changes to federal policy. For example, it permits physicians affiliated with the Veterans Administration for the first time to make medical marijuana recommendations to qualifying veterans who reside in legal states, and it incentivizes states to move ahead with expungement policies that will end the stigma and lost opportunities suffered by those with past, low-level cannabis convictions. If approved, The MORE Act also allows the Small Business Administration to support entrepreneurs and businesses as they seek to gain a foothold in this emerging industry.

“A House floor vote will put our federal lawmakers on record,” NORML‘s Armentano said. ”We will know who stands with the majority of Americans in supporting an end to the failed federal policy of marijuana prohibition, and equally importantly, we will know in Congress wishes to continue to threaten the freedom and liberty of the millions of Americans who reside in states that have enacted common-sense alternatives to cannabis criminalization.”

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NORML advocates for changes in public policy so that the responsible possession and use of marijuana by adults is no longer subject to criminal penalties. NORML further advocates for a regulated commercial cannabis market so that activities involving the for-profit production and retail sale of cannabis and cannabis products are safe, transparent, consumer-friendly, and are subject to state and/or local licensure. Finally, NORML advocates for additional changes in legal and regulatory policies so that those who use marijuana responsibly are no longer face either social stigma or workplace discrimination, and so that those with past criminal records for marijuana-related violations have the opportunity to have their records automatically expunged.

Find out more at norml.org and read our Fact Sheets on the most common misconceptions and myths regarding reform efforts around the country

Below is a press release from NORML containing breaking news:

Washington, DC: Today, the House of Representatives by voice vote passed a wide-ranging amendment restricting the Department of Justice from spending taxpayer dollars to enforce federal anti-marijuana laws in the majority of US states that regulate either the adult-use and/or medical use of cannabis.

A roll call will be made later today and published at NORML.org.

“This is the most significant vote on marijuana policy reform that the House of Representatives has taken this year,” said NORML Political Director Justin Strekal. “The importance of this bipartisan vote cannot be overstated as today; nearly one in four Americans reside in a jurisdiction where the adult use of cannabis is legal under state statute. It is time for Congress to acknowledge this reality and retain these protections in the final spending bill.”

“The next logical step for House Leadership is to bring legislation to the floor to end prohibition and demonstrate to the American people that the era of marijuana criminalization is drawing to a close,” Strekal concluded.

Since 2014, members of Congress have passed annual spending bills that have included language protecting those who engage in the state-sanctioned use, production, and dispensing of medical cannabis from undue prosecution by the Department of Justice. The Blumenauer-McClintock-Norton-Lee amendment expands these protections to also include activities specific to the production and sale of cannabis to adults in the eleven states that have legalized the plant for anyone age 21 or older.

Similar language was passed by the House last year, yet the provision was stripped out of the final appropriations package in the conference committee.

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NORML advocates for changes in public policy so that the responsible possession and use of marijuana by adults is no longer subject to criminal penalties. NORML further advocates for a regulated commercial cannabis market so that activities involving the for-profit production and retail sale of cannabis and cannabis products are safe, transparent, consumer-friendly, and are subject to state and/or local licensure. Finally, NORML advocates for additional changes in legal and regulatory policies so that those who use marijuana responsibly are no longer face either social stigma or workplace discrimination, and so that those with past criminal records for marijuana-related violations have the opportunity to have their records automatically expunged.

Find out more at norml.org and read our factsheets on the most common misconceptions and myths regarding reform efforts around the country at norml.org/marijuana/fact-sheets

Banking reform is desperately needed in the United States. Many cannabis companies have had their accounts shut down and many others were never able to get banking access to begin with due to current federal policy.

The banking issue in the U.S. has also affected other countries, with Jamaica specifically stating that banking policies in the U.S. have negatively impacted their ability to conduct international cannabis operations despite Jamaica’s cannabis policies.

Today news broke that banking reform was included in a measure that was introduced by the U.S. House of Representatives. Below is a press release about it from our friends at the National Cannabis Industry Association:

WASHINGTON, D.C. – On Tuesday, Speaker of the House Nancy Pelosi unveiled the newest bill to provide the next stage of coronavirus relief funding and included language that would improve access to banking services and loans for the regulated cannabis industry. The banking language is identical to the House-approved Secure and Fair Enforcement (SAFE) Banking Act and would make it easier for financial institutions to work with cannabis businesses that are in compliance with state law, as well as help address serious public health and safety concerns caused by operating in predominantly cash-only environments. The relief bill, known as the HEROES Act, also includes language preventing applicants for Small Business Administration loans from being disqualified based solely on a criminal conviction.

The full relief legislation is available here, with banking language starting on page 1066.

The HEROES Act will now be taken up by the rest of the House before a floor vote. If passed, it will go to the Senate for consideration.

“On behalf of the legal cannabis industry, we commend the congressional leadership for prioritizing public health and safety by including sensible cannabis banking policy in this legislation,” said Aaron Smith, executive director of the National Cannabis Industry Association (NCIA). “Our industry employs hundreds of thousands of Americans and has been deemed ‘essential’ in most states. It’s critically important that essential cannabis workers are not exposed to unnecessary health risks due to outdated federal banking regulations.”

Last week, NCIA joined other cannabis advocacy and industry organizations in urging Congress to include the SAFE Banking Act in the next round of relief funding, citing the ability of cash to carry contagions and the personal proximity required by cash transactions as reasons for urgency in addition to the other safety and transparency concerns addressed by the legislation.

In September, an overwhelming bipartisan majority approved the SAFE Banking Act in the House, but the bill has been delayed pending a markup in the Senate Banking Committee.

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The National Cannabis Industry Association (NCIA) is the largest cannabis trade association in the U.S. and the only organization broadly representing cannabis-related businesses at the national level. NCIA promotes the growth of a responsible and legitimate cannabis industry and works toward a favorable social, economic, and legal environment for that industry in the United States.

In these truly difficult times, many small businesses in the cannabis industry are struggling. The fact of the matter is that if smaller cannabis companies in the United States close down during the coronavirus pandemic, they will likely never open again.

We cannot let that happen.

The National Cannabis Industry Association is spearheading an effort to get financial relief for the emerging cannabis industry in the United States. So far, stimulus packages have not involved assistance for the cannabis industry.

Below is an action alert from the National Cannabis Industry Association that we are encouraging everyone to participate in, even if you don’t own a cannabis company. We are all in this together, so please step up and do your part:

While we all continue to do our jobs to flatten the curve in the age of COVID-19, our lobbying team in D.C. has been hard at work on your behalf. We have been working every angle and are exploring any and all opportunities to provide relief for our industry.

The offices of Congressman Blumenauer (D-OR) and Senator Jacky Rosen (D-NV) have taken the lead on sending a letter to congressional leadership asking that they address the exclusion of state legal cannabis and ancillary businesses from the recently passed CARES Act. But now, we need your help.

In order for these letters to be seriously considered by congressional leadership, we need to get as many members of Congress to sign on as possible. Please consider calling your representative and Senators today and ask them to sign on to the appropriate letter. You can find your member of Congress and how to contact them here.

Here is a short script you can use:

“Hi, I am calling/writing today to ask that you sign onto Congressman Blumenauer/Senator Rosen’s letter to leadership. This letter asks that state-legal cannabis businesses have access to Small Business Administration programs to ensure they have the financial capacity to undertake the public health and worker-focused measures experts are urging businesses to take. This current lack of access will undoubtedly lead to unnecessary layoffs, reduced hours, pay cuts, and furloughs for the workers of cannabis businesses who need support the most. As your constituent, I ask and urge that you sign on to Congressman Blumenauer/Senator Rosen’s letter as soon as possible. Our industry, our businesses, and our employees cannot wait.”

Cannabis prohibition was approved by the United States Congress in 1937. Since that time, cannabis advocates have fought to reverse that legislation. Federal cannabis prohibition is still in place in the United States, however, the effort to legalize cannabis nationwide passed a huge milestone this week.

For the first time in U.S. history, a congressional committee approved a piece of legislation to end cannabis prohibition in the U.S. The Marijuana Opportunity, Reinvestment, and Expungement Act (The MORE Act), would remove cannabis from the Controlled Substances Act. The bill passed with bipartisan support (24 to 10).

“Today’s vote marks a turning point for federal cannabis policy, and is truly a sign that prohibition’s days are numbered,” said Aaron Smith, executive director of the National Cannabis Industry Association (NCIA). “Thanks to the diligent efforts of advocates and lawmakers from across the political spectrum, we’ve seen more progress in this Congress than ever before. Supermajority public support for legalization, increasing recognition of the devastating impacts of prohibition on marginalized communities and people of color, and the undeniable success of state cannabis programs throughout the country are all helping to build momentum for comprehensive change in the foreseeable future.”

“This is a truly historic moment in our nation’s political history. For the first time, a Congressional committee has approved far-reaching legislation to not just put an end to federal marijuana prohibition, but to address the countless harms our prohibitionist policies have wrought, notable on communities of color and other marginalized groups,” stated NORML Executive Director Erik Altieri in a press release sent to the International Cannabis Business Conference, “Opposition to our failed war on marijuana has reached a boiling point with over two-thirds of all Americans, including majorities of all political persuasions, now supporting legalization. Congress should respect the will of the people and promptly approve the MORE Act and close this dark chapter of failed public policy.”

Earlier this year the full House of Representatives passed the SAFE Banking Act, which has yet to be voted on in the Senate. The MORE Act could either be passed along to other House committees, or it’s possible that they could rubberstamp it and push it out for a full House vote soon. If you live in the United States and have not contacted your Representative to urge them to support this bill yet, now is the time to do so!