Archive for the ‘federal’ category

What the Michigan Local Ordinances Really Do

November 7th, 2013

While election day saw an overwhelming amount of media coverage surrounding marijuana issues, some of the details were confusing to people not living in those states, so here are the details for Michigan. Three cities in Michigan voted to remove criminal penalties associated with possession or transfer of up to one ounce of marijuana.  The ordinances apply to those 21 and over on private property.  Ferndale and Jackson voters passed city ordinances by 69% and 61% respectively, while voters in the capital city, Lansing, passed an amendment to their city charter with 63% of the vote.  Ferndale, Jackson, and Lansing all join the ranks of other Michigan cities like Detroit, Grand Rapids, Ann Arbor, and Kalamazoo, which had previously removed criminal penalties associated with marijuana possession or set marijuana as the lowest law enforcement priority.Untitled

Law enforcement is still able to enforce state and federal laws against marijuana, but local cops have the option to follow these ordinances and not charge adults for possession of small amounts of marijuana. Activists will be playing close attention to whether or not they heed the will of the voters.

Banks Willing to Work With Marijuana Business, But Waiting for Federal Clarification

October 29th, 2013

Reported this week in the Daily Herald:

Community banks and credit unions are ready and willing to provide financial services to entrepreneurs in the state’s new legal pot industry. But they aren’t able to, at least not yet.

Marijuana businesses, even ones that will soon be legally licensed in this state, are considered criminal enterprises under federal law, which makes handling their money a crime in the eyes of the Department of Justice.

Until the agency changes its outlook or Congress changes the law — and efforts are under way to do both — those getting into the pot business can’t open a bank account, secure a line of credit or obtain a loan from a federally insured financial institution in their neighborhood.

Full Article

Fortunately, there is already a bill Congress could act upon to resolve this issue. Earlier this year, Representatives Ed Perlmutter (CO-07) and Denny Heck (WA – 10), along with a bipartisan group of 16 other Republicans and Democrats, introduced legislation that would reform federal banking laws relating to marijuana businesses. HR 2652: The Marijuana Business Access to Banking Act of 2013 updates federal banking rules to resolve conflicts between federal and state laws and would allow marijuana businesses acting in compliance with state law to access banking services.

Under current federal banking laws, many legal, regulated legitimate marijuana businesses that follow state law are prevented from opening bank accounts and operating as any other businesses would, which could ultimately lead to crime such as robbery and tax evasion in addition to the already onerous burden of setting up a legitimate small business.

Please take a minute of your time today to utilize NORML’s Take Action Center to contact your elected officials and urge them to support this important legislation. You can do so by clicking here.

Banks Willing to Work With Marijuana Business, But Waiting for Federal Clarification

October 29th, 2013

Reported this week in the Daily Herald:

Community banks and credit unions are ready and willing to provide financial services to entrepreneurs in the state’s new legal pot industry. But they aren’t able to, at least not yet.

Marijuana businesses, even ones that will soon be legally licensed in this state, are considered criminal enterprises under federal law, which makes handling their money a crime in the eyes of the Department of Justice.

Until the agency changes its outlook or Congress changes the law — and efforts are under way to do both — those getting into the pot business can’t open a bank account, secure a line of credit or obtain a loan from a federally insured financial institution in their neighborhood.

Full Article

Fortunately, there is already a bill Congress could act upon to resolve this issue. Earlier this year, Representatives Ed Perlmutter (CO-07) and Denny Heck (WA – 10), along with a bipartisan group of 16 other Republicans and Democrats, introduced legislation that would reform federal banking laws relating to marijuana businesses. HR 2652: The Marijuana Business Access to Banking Act of 2013 updates federal banking rules to resolve conflicts between federal and state laws and would allow marijuana businesses acting in compliance with state law to access banking services.

Under current federal banking laws, many legal, regulated legitimate marijuana businesses that follow state law are prevented from opening bank accounts and operating as any other businesses would, which could ultimately lead to crime such as robbery and tax evasion in addition to the already onerous burden of setting up a legitimate small business.

Please take a minute of your time today to utilize NORML’s Take Action Center to contact your elected officials and urge them to support this important legislation. You can do so by clicking here.

MPP’s Mason Tvert On Federal Marijuana Position

October 1st, 2013

Last week, MPP’s Mason Tvert spoke with Andrew Sullivan at The Dish about several aspects of marijuana policy and where it is headed. In this segment, he discusses where the federal government stands on the implementation of marijuana regulations in Colorado and Washington, and how they will deal with marijuana businesses:

U.S. Senate Judiciary Committee Holds Hearing on ‘Conflicts Between State and Federal Marijuana Laws’

September 10th, 2013

The U.S. Senate Judiciary Committee held a hearing Tuesday regarding “Conflicts Between State and Federal Marijuana Laws.” The Justice Department announced on August 29 that it will not seek to stop Colorado and Washington from moving forward with implementation of voter-approved laws establishing state-regulated systems of marijuana cultivation and retail sales.

Sheriff-Urquhart-Dress-Portrait

Sheriff John Urquhart

The truly amazing part was that the majority of those called to testify were in support of the DOJ policy. This included King County Sheriff John Urquhart of Washington and Jack Finlaw, chief legal counsel for Colorado Gov. John Hickenlooper. The only people who seemed to disagree with the DOJ not getting in the way of these states enacting the will of their voters were Sen. Chuck Grassley and Kevin Sabet, one of the founders of the disingenuous Project SAM.

You can view the full hearing on C-SPAN.

John McCain Ready for Legalization?!?

September 6th, 2013

According to Talking Points Memo, Sen. John McCain made some comments Thursday that some may find surprising:

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McCain’s comments could not have been better timed. Next week, the Senate Judiciary Committee will hold a hearing on the Justice Department’s new policy allowing states to move forward with taxing and regulating marijuana. Arizona’s other senator, Jeff Flake, is a member of that committee. Sen. Flake will have the opportunity to question Justice Department officials and help shape the future of federal policy on marijuana.

National Lawyers Guild Calls for Better Marijuana Policies

June 27th, 2013

The National Lawyers Guild, a public interest and human rights bar organization, released a report on June 25 highlighting the failures of marijuana prohibition and suggesting strategies for legalizationPastedGraphic-1 initiatives.

The report, “High Crimes: Strategies to Further Marijuana Legalization Initiatives,” recommends both alternative policies for the U.S. government to pursue and strategies for drug-reform advocates to employ. The key recommendations are: reframe drug use as a social and public health issue; revisit international drug treaties; reclassify marijuana from its status as a Schedule I substance; support the right of states to legalize marijuana for adult use without federal interference; end civil asset forfeiture by law enforcement; and connect legalization efforts to the abolition of the for-profit prison industry.

“Marijuana legalization will create new jobs, generate millions of dollars in tax revenue, and allow law enforcement to focus on serious crimes,” said Brian Vicente, an NLG member and one of the primary authors of Colorado’s legalization amendment. “It would be a travesty if the Obama administration used its power to impose marijuana prohibition upon a state whose people have declared, through the democratic process, that they want it to end.”

U.S. Mayors Approve Marijuana Resolution: End the Federal Government Crackdown

June 25th, 2013

The U.S. Conference of Mayors unanimously passed a resolution on Monday, June 24 criticizing the failure of marijuana prohibition and demanding that the federal government respect states’ and cities’ marijuana laws.

The resolution, “In Support of States Setting Their Own Marijuana Policies Without Federal Interference,” calls for the Obama administration to allow states and localities to “set whatever marijuana policies work best to improve the public safety and health of their communities.” The resolution was introduced by San Diego Mayor Bob Filner and co-sponsored by eight mayors representing cities ranging from Seattle, WA to Binghamton, NY.

“In November, voters in my city and state strongly approved a ballot measure to legalize, tax and regulate marijuana,” Republican Mayor Steve Hogan of Aurora, CO said in a statement after the vote. “The bipartisan resolution we passed today simply asks the federal government to give us time to implement these new policies properly and without interference.”

The resolution cited a recent Gallup poll’s finding that 64% of Americans believe states should be able to reform their marijuana policies without federal interference.

This is not the first time that the mayors’ conference has taken a stance on federal drug policy. In 2007, the conference declared the War on Drugs a failure and called for a health-centered reorientation of drug policy.

Lawmakers to Vote on Hemp Amendment to Farm Bill

June 5th, 2013


It is possible that, for the first time ever, the United States Senate will vote to approve industrial hemp cultivation in the coming days. Please take a moment of your time to encourage your Senator to support this measure. You can easily do so by clicking here.

Senator Ron Wyden has introduced an amendment to Senate Bill 954, the Senate version of this year’s federal farm bill, that requires the federal government to respect state laws allowing the cultivation of industrial hemp. Hemp is a distinct variety of the plant species cannabis sativa that contains only trace (less than one percent) amounts of tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis.

The amendment language mimics the “Industrial Hemp Farming Act of 2013,” which remains pending as stand-alone legislation in both the House and Senate but has yet to receive a legislative hearing. Senator Wyden’s provision to the Senate’s Farm Bill amends the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The measure grants state legislatures the authority to license and regulate the commercial production of hemp as an industrial and agricultural commodity.

“For me, what’s important is that people see, particularly in our state, there’s someone buying it at Costco in Oregon,” Senator Wyden previously stated in support of this Act, “I adopted what I think is a modest position, which is if you can buy it at a store in Oregon, our farmers ought to be able to make some money growing it.”

Eight states – Colorado, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia – have enacted statutory changes defining industrial hemp as distinct agricultural product and allowing for its regulated commercial production. Passage of this amendment would remove existing federal barriers and allow these states and others the authority to do so without running afoul of federal anti-drug laws.

Senator Wyden’s amendment is co-sponsored by Sen. Jeff Merkley (D-OR), Sen. Rand Paul (R-KY), and Senate Minority Leader Mitch McConnell (R-KY). Senator Patrick Leahy (D-VT) has also expressed his support for this proposal.

According to a Congressional Research Service report, “The United States is the only developed nation in which industrial hemp is not an established crop.”

It is likely that the Senate will vote on the hemp amendment in the coming days, so it is imperative that you contact your Senator and urge them to stand with Senator Wyden and support this important proposal. You can click here to easily contact your Senator and urge him or her to stand with America’s farmers and legalize industrial hemp.

[6/7/13 UPDATE: UNFORTUNATELY, SENATORS ULTIMATELY REJECTED INCLUDING THIS LANGUAGE IN THE SENATE FARM BILL. THE ASSOCIATED PRESS HAS THE STORY HERE: http://www.courierpress.com/news/2013/jun/07/kentuckys-senators-blocked-effort-legalize-hemp/.]

Federal Lawmakers to Vote on Industrial Hemp Amendment to Farm Bill

May 24th, 2013

Senator Ron Wyden has introduced an amendment to Senate Bill 3240, the Senate version of this year’s federal farm bill, that requires the federal government to respect state laws allowing the cultivation of industrial hemp. Hemp is a distinct variety of the plant species cannabis sativa that contains only trace (less than one percent) amounts of tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis.

The amendment language mimics the “Industrial Hemp Farming Act of 2013,” which remains pending as stand-alone legislation in both the House and Senate but has yet to receive a legislative hearing. Senator Wyden’s provision to the Senate’s Farm Bill amends the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The measure grants state legislatures the authority to license and regulate the commercial production of hemp as an industrial and agricultural commodity.

“For me, what’s important is that people see, particularly in our state, there’s someone buying it at Costco in Oregon,” Senator Wyden previously stated in support of this Act, “I adopted what I think is a modest position, which is if you can buy it at a store in Oregon, our farmers ought to be able to make some money growing it.”

Eight states – Colorado, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia – have enacted statutory changes defining industrial hemp as distinct agricultural product and allowing for its regulated commercial production. Passage of this amendment would remove existing federal barriers and allow these states and others the authority to do so without running afoul of federal anti-drug laws.

Senator Wyden’s amendment is co-sponsored by Sen. Jeff Merkley (D-OR), Sen. Rand Paul (R-KY), and Senate Minority Leader Mitch McConnell (R-KY). Senator Patrick Leahy (D-VT) has also expressed his support for this proposal.

According to a Congressional Research Service report, “The United States is the only developed nation in which industrial hemp is not an established crop.”

Click here to quickly and easily contact your Senator in support of industrial hemp.