Archive for the ‘federal’ category

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.

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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.

Federal Measure Introduced to Form National Commission on Federal Marijuana Policy

April 18th, 2013

Lets Be HonestRepresentative Steve Cohen (D-TN) has introduced federal legislation that would establish a National Commission on Federal Marijuana Policy. The proposed commission, inspired by the 1971 Shafer Commission on Marihuana and Drug Abuse, would be tasked with undertaking a comprehensive review of how federal policy should interact with state laws that make marijuana legal for medicinal and personal use, the cost of our current marijuana prohibition and potential revenue from marijuana regulation and taxation, the impact of federal banking and tax laws on marijuana related businesses, the health benefits of risk of marijuana use, the public safety and criminal justice implications of marijuana prohibition compared with regulation, and the effects of marijuana prohibition and potential regulation on our international relationships and treaties.

“Regardless of your views on marijuana, it’s important that we understand the impact of current federal policy and address the conflict with those state laws that allow for medicinal or personal use of marijuana,” said Congressman Cohen. “This conflict is only going to continue to grow over the next few years and we must provide certainty to the millions of individuals and businesses that remain caught in a web of incompatible laws. A national commission would provide us with the information we need to create sensible policy going forward.”

Representative Steve Cohen is joined by Representatives Jared Polis (D-CO), Earl Blumenhauer (D-OR), Jim Moran (D-VA), and Sam Farr (D-CA).

During an interview with Barbara Walters in December of 2012, President Obama stated, “…what we’re going to need to have is a conversation about, how do you reconcile a federal law that still says marijuana is a federal offense and state laws that say that it’s legal?”

Drug Czar Gil Kerlikowske stated in January of this year that, “Coming out of the recent election, it is clear that we’re in the midst of a serious national conversation about marijuana.”

“The Obama administration has repeatedly stated that a national conversation is needed when it comes to our country’s marijuana policies, but so far that conversation has been largely one sided,” stated NORML Communications Director Erik Altieri, “It is time for federal lawmakers to listen to the voice of the majority of Americans who want to see change to our nation’s marijuana laws and for them to take part in that dialogue. NORML is pleased to have worked with Representative Cohen and his staff on this important legislation that would provide a public and professional venue for that conversation to take place. A majority of Americans agree that it is time for the United States to end it’s fruitless and expensive war on cannabis consumers and pursue policies of regulation and taxation. Enjoining this national commission would be a pragmatic and productive step towards assessing the true costs of our current prohibition and creating a framework for a functional federal policy on marijuana.”

Join NORML and federal legislators in calling for a “serious national conversation” on regulating marijuana.

Click here to quickly and easily contact your Representative and urge him or her to support this legislation.

Majority of Californians Want to End Marijuana Prohibition

February 27th, 2013

According to a California Field Poll released on Wednesday, the majority of Golden State voters are in favor of legalizing and regulating marijuana like alcohol for recreational use.  The Sacramento Bee expounded on the poll, which also stated that an even larger percentage of those polled oppose the federal crackdown on medical marijuana businesses. This sentiment was similar across party lines.

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Richard Lee

Marijuana reform activists were optimistic after learning of the results. Richard Lee, the chief proponent of Proposition 19, the ballot measure that attempted to make marijuana legal for adults in California in 2010, told the Bee:

“I think it shows that [marijuana legalization and regulation is] going to win in 2016, and it’s just a matter of writing the best law that we can.”