Sanders bill would end federal marijuana ban

U.S. Sen. Bernie Sanders introduced a bill Wednesday to end the federal prohibition of marijuana – an utter non-starter particularly in this Republican-controlled Senate, but good fodder for Sanders’ Democratic presidential campaign.

The “Ending Federal Marijuana Prohibition Act of 2015” by Sanders, I-Vt., would strike all references to marijuana in the Controlled Substances Act, though it would keep in place the penalties for transporting marijuana from states or jurisdictions where it is legal to those where it is not.

Colorado, Washington, Oregon, Alaska and the District of Columbia have legalized adult recreational marijuana use, and California is expected to have a legalization ballot measure – maybe more than one – on next November’s ballot. Ohio voters rejected a legalization measure Tuesday, but it was opposed even by many legalization advocates because it would’ve created a cultivation monopoly.

Sanders said on the Senate floor last week that “the time is long overdue for us to take marijuana off of the federal government’s list of outlawed drugs.”

This is the first Senate bill to propose ending federal marijuana prohibition, coming from the first major-party presidential candidate ever to voice support for legalizing and regulating marijuana for recreational use by adults. Sanders voiced that support at last month’s Democratic presidential debate, while front-runner Hillary Clinton took a more wait-and-see approach.

“His actions today speak even louder than his words last month,” Mason Tvert, the Marijuana Policy Project’s communications director, said in a news release Wednesday. “Hopefully, this legislation will get his colleagues in Congress talking about the need for comprehensive marijuana policy reform. The science is clear that marijuana is less harmful than alcohol, and that should be reflected in our nation’s marijuana policy. Sen. Sanders is simply proposing that we treat marijuana similarly to how we treat alcohol at the federal level, leaving most of the details to the states.”


Marijuana reform advocates win 3 of 4 in House

Marijuana reform advocates won three of four battles in the House on Wednesday, as lawmakers approved amendments that forbid federal interference in state laws allowing medical use of marijuana and marijuana-based oils or industrial hemp uses.

“There’s unprecedented support on both sides of the aisle for ending the federal war on marijuana and letting states set their own drug policies based on science, compassion, health, and human rights,” Bill Piper, the Drug Policy Alliance’s national affairs director, said in a news release. “The more the DEA blocks sensible reforms the more they will see their agency’s power and budget come under deeper scrutiny.”

California is one of 23 states, plus the District of Columbia and Guam, that have legalized marijuana for medicinal purposes.

The House voted 242-186 for an amendment by Rep. Dana Rohrabacher, R-Huntington Beach, and Sam Farr, D-Carmel, that prohibits the federal government from using any funds to arrest or prosecute medical marijuana patients or providers that are in a compliance with their state’s laws. This amendment also passed the House last year with strong bipartisan support – after a decade of failed efforts – and made it into the final spending bill signed into law, but because it was attached to an annual spending bill, it will expire later this year unless Congress renews it.

“The majority of the states have said they want medical marijuana patients to have access to the medicine they need without fear of prosecution,” Farr said in a news release. “For the second year in a row, the people’s house has listened to the will of the people and voted to give them that access.”

The House voted 297-130 to pass an amendment by Rep. Scott Perry, R-Pa., that protects laws in 16 states allowing use of CBD oils, a non-psychotropic marijuana component that’s been shown to be effective in managing children’s epileptic seizures.

And the House voted 282-146 to pass an amendment by Rep. Suzanne Bonamici, D-Ore., and Rep. Thomas Massie, R-Kent., prohibiting the Drug Enforcement Administration from undermining state laws allowing the industrial use of hemp. A similar amendment passed the House last year.

Alaska, Colorado, Oregon and Washington have legalized marijuana for recreational use, and voters in California, Arizona, Maine, Massachusetts, and Nevada are expected to face legalization ballot initiatives next year. But an amendment by Rep. Tom McClintock, R-Roseville, and Rep. Jared Polis, D-Colo., to bar the DEA and Justice Department from undermining such state laws narrowly failed on a 206-222 vote.

Kevin Sabet, a former White House drug policy staffer who now is president and CEO of Smart Approaches to Marijuana, said his anti-legalization group is “re-energized” by the recreational amendment’s defeat.

“This is a victory for the science, and it’s a victory for our nation’s kids,” Sabet said in a news release. “It’s a crushing blow to the new Big Marijuana industry special interest group. Legalization is not inevitable and we will continue to discuss why today’s high THC marijuana runs counter to mental health and basic principles of public health and road safety.”

But Tom Angell, chairman of Marijuana Majority, issued a statement saying “now that the House has gone on record with strong bipartisan votes for two years in a row to oppose using federal funds to interfere with state medical marijuana laws, it’s time for Congress to take up comprehensive legislation to actually change federal law.”

“That’s what a growing majority of Americans wants, and these votes show that lawmakers are on board as well,” Angell said. “Congress clearly wants to stop the Justice Department from spending money to impose failed marijuana prohibition policies onto states, so there’s absolutely no reason those policies themselves should remain on the lawbooks any longer.”


Marijuana legalization measure filed in Sacramento

A group that couldn’t get enough signatures to put a marijuana legalization measure on 2014’s ballot has launched its effort to try again for 2016.

MCLR logoProponents of the Marijuana Control, Legalization and Revenue Act went to the Secretary of State’s office Monday to make their initial filing; they then headed for San Francisco to join the 4/20 celebration at Golden Gate Park’s Hippie Hill.

The proposed measure – which was immediately forwarded to the state attorney general’s office to receive an official title and summary before proponents can start gathering petition signatures – is the product of Americans For Policy Reform’s “wiki-like” open-source process, which took input from thousands of California residents.

“We hope this broad-based coalition of support will encourage further cooperation,” AFPR director and measure proponent John Lee said in a news release “We urgently encourage other advocacy groups to join us at the table.”

The measure’s backers say it keep marijuana out of minors’ hands; prevent growing on public lands; deprive cartels, gangs and other criminal enterprises of the proceeds from sales; prevent drugged driving and other adverse health effects; clarify the state’s existing medical marijuana laws; and save the state millions in law enforcement costs while generating millions in tax revenues.

AFPR tried to put a measure on 2014’s ballot but couldn’t raise enough funds for its petition drive. They’ve made some modifications to the measure since, and held a fundraiser in Los Angeles earlier this month.

“We have worked hard to bring people together and create the best law possible for legalization in California,” proponent Dave Hodges, founder of San Jose’s All American Cannabis Club, said in the release. “MCLR creates a comprehensive set of regulations to allow all types of cannabis businesses to flourish, and will net California billions in tax revenues.”

But one of the reasons the measure went nowhere in 2014 might be just as big an obstacle now. A larger Coalition for Cannabis Policy Reform – chaired by Oaksterdam University executive chancellor Dale Sky Jones and including national groups like the Drug Policy Alliance, Americans for Safe Access and the Marijuana Policy Project – had started collecting signatures for 2014 but then decided to hold off. The coalition now is moving forward with its own plans for 2016, with a far more extensive fundraising network as well as buy-in from many more established marijuana-related organizations.

Hodges in 2014 had said the coalition’s effort had sucked all of the fundraising air out of the room for his measure, making it impossible to bankroll a petition drive. He might find this year’s air to be just as thin.

UPDATE @ 4:38 p.m.: A marijuana legalization task force convened by the American Civil Liberties Union and chaired by Lt. Gov. Gavin Newsom will hold a digital town square on the issue at 10:30 a.m. Tuesday at www.SafeAndSmartPolicy.org. The forum will focus on public safety, especially drugged driving, criminal justice, and environmental concerns; two more forums are planned for later this spring.


And now, a bit of tax-board marijuana humor.

Best headline I’ve seen in a while on a government news release: “Cannabis Learning Tour Provides Tax Policy Insight into Budding Industry.”

Get it? BUDDING.

Hey, I know it’s not subtle, but most of the releases I see are utterly humorless.

Fiona MaThis one came from the Board of Equalization, announcing that members Fiona Ma and Vice Chair George Runner took a listening and learning tour through Humboldt County this week with leaders in the area’s cannabis industry. Up there in the “Emerald Triangle,” it’s a substantial chunk of the local economy. Ma and Runner sought perspective on the product, from seed to sale, to help shape tax policy; the release didn’t mention whether they inhaled.

“I am proud to be a part of these informational meetings as part of a broader effort to engage stakeholders who will play an integral role in the regulation of this industry,” Ma said in the release. “Our goal is to encourage this industry to come out of the shadows, to register, to become legal, and that is where we must find a balance for the future of our state.”

George RunnerRunner said the tour “provided helpful insights into how we can work with the medical marijuana industry to promote compliance with California tax laws. This is a growing industry [ed. note – pun intended?], but we’re currently missing out on a great deal of revenue that is owed to the state.”

State law requires medical marijuana sales be taxed at the local tax rate where the product is sold or will be used, so Runner and Ma want state and local governments get what they’re due.


House members tell DOJ to back off on marijuana

A bipartisan pair of California House members are insisting that the Justice Department back off from prosecutions of medical marijuana patients and providers in states with medical marijuana laws – as Congress mandated in a recent spending bill.

Reps. Sam Farr, D-Carmel, and Dana Rohrabacher, R-Huntington Beach, wrote a letter to U.S. Attorney General Eric Holder on Wednesday, reminding him in no uncertain terms that the amendment they co-authored to the “cromnibus” federal spending bill – approved by Congress and signed by President Obama in December – bars the Justice Department from spending money to undermine state medical marijuana laws.

The lawmakers cited a recent Los Angeles Times article in which a department spokesman said the amendment doesn’t apply to cases against individuals or organizations, but merely stops the department from “impeding the ability of states to carry out their medical marijuana laws.”

“We write to inform you that this interpretation of our amendment is emphatically wrong,” Farr and Rohrabacher wrote to Holder. “Rest assured, the purpose of our amendment was to prevent the Department from wasting its limited law enforcement resources on prosecutions and asset forfeiture actions against medical marijuana patients and providers, including businesses that operate legally under state law.”

State law enforcement agencies are better equipped to determine whether people and businesses are abiding by state laws, they wrote.

“We respectfully insist that you bring your Department back into compliance with federal law by ceasing marijuana prosecutions and forfeiture actions against those acting in accordance with state medical marijuana laws,” their letter concludes.


Barbara Boxer cosponsors medical marijuana bill

U.S. Sen. Barbara Boxer on Tuesday became an early cosponsor of a bipartisan bill to end the federal prohibition on medical marijuana.

Perhaps she was feeling particularly green for St. Patrick’s Day.

Barbara BoxerSenators Cory Booker, D-N.J.; Rand Paul, R-Kent.; and Kirsten Gillibrand, D-N.Y., last week introduced S.683, the Compassionate Access, Research Expansion, and Respect States Act of 2015. The bill would move marijuana from Schedule I of the Controlled Substances Act – a list of drugs not recognized to have any valid medical use – to the less-restrictive Schedule II.

States would be freer to enact and implement medical marijuana laws without federal interference; veterans’ doctors could recommend the drug; research would speed up; and bankers could breathe easier when dealing with the industry if this bill became law.

Some advocates say having Boxer, D-Calif., sign onto the bill is a big deal.

“Sen. Boxer represents the state that led the way on medical marijuana, and it’s about time she took some action to defend the will of California’s voters from federal interference,” said Tom Angell, chairman of Marijuana Majority.

“We would have expected her to do something on this years ago, but better late than never,” he said. “A new generation of senators like Cory Booker, Rand Paul and Kirsten Gillibrand are leading the way on this issue, and it’s nice to see that even some lawmakers who have been around for awhile are starting to notice which way the political winds are blowing. This is a sign that the dam is about to break. Expect more old-school politicians to get on board soon.”

Boxer spokesman Zachary Coile said the senator “is a strong supporter of California’s medical marijuana law and she believes that patients, doctors and caregivers in states like California should be able to follow state law without fear of federal prosecution.”