Measures filed in the House and Senate on Thursday would remove marijuana from the Controlled Substances Act and create a federal regulatory process for states that choose to regulate the cultivation and sale of marijuana for adult use

Additional bills filed in the House and Senate on Thursday would eliminate many of the collateral consequences associated with federal marijuana convictions and reform a section of the federal tax code so that state-legal marijuana businesses can take standard deductions on business expenses                                                                     

WASHINGTON — Legislation was introduced in the Senate and House of Representatives on Thursday that would end marijuana prohibition at the federal level and replace it with a system in which marijuana is regulated and taxed similarly to alcohol.

Bills filed by Sen. Ron Wyden (D-OR) and Rep. Jared Polis (D-CO) would remove marijuana from the Controlled Substances Act, leaving states to determine their own marijuana policies, and impose federal regulations on marijuana businesses in states that choose to regulate marijuana for adult use. Wyden’s bill would also enact a federal excise tax on marijuana products. In the House, the tax is being proposed in a separate bill introduced by Rep. Earl Blumenauer (D-OR).

Wyden and Blumenauer also filed marijuana policy “gap” bills that would eliminate many of the collateral consequences associated with federal marijuana convictions without removing marijuana from the Controlled Substances Act.

An additional bill filed by Wyden with Sens. Rand Paul (R-KY) and Michael Bennett (D-CO) would reform section 280E of the U.S. Tax Code to allow state-legal marijuana businesses to deduct ordinary and necessary business expenses from their federal taxes. A companion bill was filed in the House by Rep. Carlos Curbelo (R-FL) and Rep. Blumenauer.

Data released yesterday from the General Social Survey shows the percentage of Americans who think marijuana use should be legal increased from 52% in 2014 to 57% in 2016. A national Quinnipiac University poll released last month also found 57% support for legalization. It also revealed that a vast majority of Americans — over 70%, including majorities of Republicans, Democrats, independents, and every age group — oppose the federal government enforcing prohibition laws in states that have made marijuana legal for medical or adult use.

Statement from Robert Capecchi, director of federal policies for the Marijuana Policy Project, regarding the bills to regulate and tax marijuana like alcohol:

“This is commonsense legislation that will eliminate the growing tension between federal and state marijuana laws. Voters and legislatures are rolling back antiquated state marijuana prohibition policies, and it’s time for Congress to step up at the federal level. States are adopting laws designed to improve public safety by replacing the illegal marijuana market with a tightly regulated system of production and sales. The federal government should be working to facilitate that transition, not hinder it. It’s time for Congress to come to grips with the fact that marijuana is safer than alcohol, and most Americans think it should be treated that way.

“We commend Sen. Wyden and Reps. Polis and Blumenauer for proposing a sensible path forward. We hope their colleagues will take an objective look at the benefits of replacing prohibition with a system of regulation. There will surely be some members on the fence about this legislation, but consider it unthinkable that we would return to alcohol prohibition. They need to ask themselves why they are still clinging to the prohibition of a less harmful substance.”

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The Senate approved SB 386 by 28-6 on Wednesday evening; it would allow patients with certain debilitating conditions to access medical marijuana if their doctors recommend it

CHARLESTON, W. Va. — The state Senate approved legislation Wednesday evening (28-6) that would allow patients with certain debilitating conditions to access medical marijuana if their doctors recommend it.

SB 386, the West Virginia Medical Cannabis Act, is sponsored by Sen. Richard Ojeda (D-Logan). It would establish an independent 16-member West Virginia Medical Cannabis Commission, including medical professionals, law enforcement officials, and government agency representatives, to establish and oversee a state medical marijuana program. The commission would create patient ID cards, set fees, craft regulations for production and distribution, and determine the conditions for which physicians can recommend medical marijuana.

The bill will now be considered in the House of Delegates, where a similar measure stalled in committee earlier this year.

"We applaud the Senate for standing up for seriously ill West Virginians and giving them hope with this much-needed legislation,” said Matt Simon of the Marijuana Policy Project, who is a West Virginia native and graduate of West Virginia University. “For many patients, medical marijuana is a far safer alternative to opioids and other prescription drugs. Any delegates who are serious about addressing the opiate crisis in West Virginia need to consider the substantial benefits this law could have on that front.  We hope Speaker Armstead will review the facts and give this bill a fair shake in the House.”

A review of more than 10,000 scientific abstracts released in January by the National Academies of Sciences found “conclusive or substantial evidence” that cannabis is effective in the treatment of chronic pain. A study published this year in International Journal of Drug Policy found marijuana is an effective replacement for opioids to treat severe pain. Research published in October 2016 found a 48% reduction in patients’ opioid use after three months of medical marijuana treatment, and patients using cannabis in addition to opioids found that 39% reduced their opioid dosage and another 39% stopped using opioids altogether. Health Affairs reported in July 2016 that doctors in states where marijuana is legal prescribed an average of 1,826 fewer doses of painkillers per year to patients enrolled in Medicare Part D, resulting in significant cost savings. A study published in the Journal of the American Medical Association in 2014 found that opioid overdose deaths were reduced by 25% in states with effective medical marijuana laws.

“Thousands of seriously ill West Virginians are anxiously waiting for their lawmakers to do the right thing and pass this bill,” Simon said. “They shouldn’t have to suffer or be treated like criminals while patients in 28 other states can legally access medical marijuana.”

Twenty-eight states and the District of Columbia have enacted effective medical marijuana laws and 16 states have adopted medical marijuana laws that are ineffective because they are either unworkable or exceptionally restrictive. West Virginia is one of only six states in the nation that has not adopted any form of medical marijuana law.

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H. 170 is expected to receive a full House vote soon; a statewide survey conducted this week found 57% of Vermont voters are in favor of the bipartisan proposal to eliminate penalties for personal marijuana possession and cultivation by adults 21 and older

MONTPELIER, Vt. — The state House Judiciary Committee approved a bill 8-3 Wednesday that would make personal possession and cultivation of small amounts of marijuana legal for adults 21 and older.

A new statewide poll finds a substantial majority of Vermont voters are in favor of the policy change proposed in H. 170. Fifty-seven percent said they support allowing adults 21 and older to possess and grow limited amounts of marijuana. Only 39% are opposed. The Public Policy Polling survey of 755 Vermont voters was conducted March 20-21 and has a margin of error of plus or minus 3.6%. The results are available at https://www.mpp.org/VTpoll.

“Today’s vote shows just how far this issue has advanced in just this past year,” said Matt Simon, New England political director for the Marijuana Policy Project. “Most Vermonters agree it makes no sense to continue punishing adults for consuming a less harmful substance than alcohol — especially now that it is legal for adults in Massachusetts and Maine. Vermonters are ready to close the book on marijuana prohibition.”

H. 170, sponsored by Committee Chair Maxine Grad (D-Moretown), Vice Chair Charles Conquest (D-Wells River), and ranking Republican Rep. Tom Burditt (R-West Rutland), would eliminate Vermont’s civil penalty for possessing one ounce or less of marijuana, and it would eliminate penalties for possession of up to two mature marijuana plants and up to four immature plants. Penalties for possession of more than one ounce of marijuana would also be reduced.

The bill is expected to receive a full vote in the House of Representatives soon. If it passes, it will be considered by the Senate, which approved a measure to regulate marijuana for adult use in 2016.

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The Vermont Coalition to Regulate Marijuana is a broad coalition of citizens, organizations, and businesses working to end marijuana prohibition in Vermont and replace it with a system in which marijuana is regulated and taxed. For more information, visit http://www.RegulateVermont.org.

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Legislation will be introduced today in the House and Senate that would allow adults 21 and older to purchase marijuana in licensed, taxpaying businesses instead of the underground market

Statements below from the bill sponsors, Sen. Heather Steans and Rep. Kelly Cassidy, and the Marijuana Policy Project

SPRINGFIELD, Ill. — State lawmakers introduced legislation Wednesday that would end marijuana prohibition in Illinois and establish a system in which marijuana is regulated and taxed for adult use.

The Senate bill, SB 316, is sponsored by Senate Appropriations Committee Chairwoman Heather Steans (D-Chicago), while the House version, HB 2353, was presented by Rep. Kelly Cassidy (D-Chicago). Each would make it legal for adults 21 and older to possess, grow, and purchase limited amounts of marijuana. The state would license and regulate businesses to cultivate, process, test, and sell marijuana to adults, and it would create and enforce strict health and safety regulations, such as testing and labeling requirements and restrictions on marketing.

“Marijuana prohibition is a quagmire that creates far more problems than it prevents,” Cassidy said. “Several states have adopted sensible alternatives to prohibition, and it is time for Illinois to develop its own exit strategy. Regulating marijuana and removing the criminal element from marijuana production and sales will make our communities safer.”
The bills propose taxing marijuana at a rate of $50 per ounce at the wholesale level, and retail sales would be subject to the state’s standard 6.25% sales tax. Based on current usage rates and the market price of marijuana being sold for adults’ use in Colorado, the Marijuana Policy Project estimates regulated marijuana sales could generate between $349 million and $699 million per year in new revenue for Illinois.

“Right now, all the money being spent on marijuana is going into the pockets of criminals and cartels,” Steans said. “In a regulated system, the money would go into the cash registers of licensed, taxpaying businesses. It would generate hundreds of millions of dollars per year in new revenue for our state. Prohibition is a financial hole in the ground, and we should stop throwing taxpayer dollars into it.”

Eight states have enacted laws regulating and taxing marijuana for adult use. A February Quinnipiac University poll found 59% of U.S. voters think marijuana should be made legal. Polls conducted by the Pew Research Center and Gallup last October found support at 57% and 60%, respectively.

“People are fed up with laws that punish adults for using a substance that is far less harmful than alcohol,” said Chris Lindsey, senior legislative counsel for the Marijuana Policy Project. “The time is right for the Illinois General Assembly to re-examine marijuana prohibition and consider the potential benefits of a thoughtfully crafted regulatory system. The sky has not fallen in the eight states that have made marijuana legal for adults. It’s time for Illinois to move past prohibition and stop missing out on the jobs and revenue other states are already getting.”

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The House voted 318-36 to reduce the penalty for possession of one ounce or less of marijuana from a criminal misdemeanor to a civil violation

CONCORD, N.H. — The state House of Representatives overwhelmingly approved HB 640 on Wednesday (318-36), bringing New Hampshire one step closer to becoming the final state in New England to decriminalize marijuana possession. The bill will now be considered by the Senate.

HB 640, sponsored by Rep. Renny Cushing (D-Hampton) and a bipartisan group of 10 co-sponsors, would reduce the penalty for possession of one ounce or less of marijuana from a criminal misdemeanor, which is currently punishable by up to one year in prison and a fine of up to $2,000, to a civil violation punishable by a fine of $100 for a first offense, $200 for a second offensewithin three years, and $350 for a third or subsequent offensewithin three years of two previous offenses.

“Most representatives agree it is time to stop wasting limited public resources on arrests for simple marijuana possession,” said Matt Simon, the Manchester-based New England political director for the Marijuana Policy Project. “We hope their colleagues in the Senate will agree that our tax dollars and law enforcement officials’ time would be better spent addressing serious crimes.”

HB 640 has faced much less opposition than similar bills that failed in recent years. Only one person testified against it at a public hearing on February 1, and the House Criminal Justice and Public Safety Committee, which voted 7-6 last year to kill a similar measure (HB 1631), approved HB 640 14-2. Additionally, Gov. Chris Sununu has consistently said he supports decriminalizing possession of small amounts of marijuana, whereas previous governors have been opposed.

“There is very little public support for continuing to criminalize marijuana consumers,” Simon said. “Marijuana is objectively less harmful than alcohol, and a strong majority of Granite Staters want the Legislature to start treating it that way.”

More than seven out of 10 Granite Staters (72%) would like to see the Legislature decriminalize or legalize marijuana, according to a WMUR Granite State Poll conducted by the University of New Hampshire Survey Center in July 2016.

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A Quinnipiac poll released earlier today found 71% of U.S. voters — including majorities of Republicans, Democrats, independents, and all age groups — are opposed to the government enforcing federal prohibition laws in states where marijuana is legal for medical or adult use

WASHINGTON — The Marijuana Policy Project has issued the statement below regarding White House Press Secretary Sean Spicer’s comments about federal marijuana enforcement. A clip of the comments is available at http://bit.ly/2leuCx9.

Earlier today, Quinnipiac University released a poll that found five out of seven U.S. voters (71%) — including majorities of Republicans, Democrats, independents, and every age group polled — oppose the government enforcing federal prohibition laws in states that have made marijuana legal for medical or adult use. It also found that 93% of voters support allowing the use of marijuana for medical purposes and 59% support making it legal for all purposes. The full poll results are available at http://bit.ly/2kR4sVh.

Statement from Mason Tvert, director of communications for the Marijuana Policy Project:

“The vast majority of Americans agree that the federal government has no business interfering in state marijuana laws. This administration is claiming that it values states’ rights, so we hope they will respect the rights of states to determine their own marijuana policies. It is hard to imagine why anyone would want marijuana to be produced and sold by cartels and criminals rather than tightly regulated, taxpaying businesses. Mr. Spicer says there is a difference between medical and recreational marijuana, but the benefits of and need for regulation apply equally to both.

“Mr. Spicer acknowledged that the Justice Department is currently prohibited from using funds to interfere in the implementation of state medical marijuana laws. It is critical that Congress once again includes that provision in the next budget, and we are hopeful that they will also adopt a provision that extends that principle to all state marijuana laws.”

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Five out of seven Americans (71%) — including majorities of Republicans, Democrats, independents, and all age groups — are opposed to the government enforcing federal prohibition laws in states where marijuana is legal for medical or adult use

* Statement below from the nation’s largest marijuana policy organization *

WASHINGTON — The vast majority of U.S. voters support making marijuana legal and think the federal government should respect state marijuana laws, according to a Quinnipiac University Poll released Thursday afternoon. The full poll results are available at http://bit.ly/2kR4sVh.

The nationwide survey of 1,323 voters found that five out of seven voters (71%) — including majorities of Republicans, Democrats, independents, and every age group polled — oppose the government enforcing federal prohibition laws in states that have made marijuana legal for medical or adult use.

The Quinnipiac poll also found that 93% of voters support allowing the use of marijuana for medical purposes and 59% support making it legal for all purposes. The results appear to be in line with national polls released by Gallup and the Pew Research Center in October, which found support for ending marijuana prohibition at 60% and 57%, respectively.

Statement from Mason Tvert, director of communications for the Marijuana Policy Project:

“Americans of all ages and political persuasions can agree that the federal government has no business interfering in state marijuana laws. People do not want federal prohibition laws to be enforced in states that have rejected them. There appears to be near universal support for allowing the use of medical marijuana, and the majority in favor of broader reform is growing quickly. Our country might be divided on some issues, but more and more it is looking like marijuana policy is not one of them.

“President Trump said throughout his campaign that he supported states’ rights to determine their own marijuana policies. We are hopeful that he will maintain that position, which is clearly in line with the majority of Americans. It appears the administration would face strong criticism from both sides of the aisle and most people in between if it attempted to interfere in states’ marijuana laws.”

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The bipartisan group of representatives will develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws

Joint statement below from the Marijuana Policy Project, the Drug Policy Alliance, the National Cannabis Industry Association, NORML, Americans for Safe Access, Students for Sensible Drug Policy, Law Enforcement Action Partnership, Doctors for Cannabis Regulation, and Clergy for a New Drug Policy

WASHINGTON — The nation’s leading cannabis and drug policy reform organizations commended Congressional members Thursday on the formation of the Congressional Cannabis Caucus. See below for a joint statement from the Marijuana Policy Project, the Drug Policy Alliance, the National Cannabis Industry Association, the National Organization for the Reform of Marijuana Laws (NORML), Americans for Safe Access, Students for Sensible Drug Policy, Law Enforcement Action Partnership, Doctors for Cannabis Regulation, and Clergy for a New Drug Policy.

Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

They represent constituents in four of the eight states that have enacted laws regulating cannabis for medical and adult use. Twenty additional states have enacted comprehensive medical cannabis laws, and 16 additional states have enacted limited or unworkable medical cannabis laws. In total, 44 states have adopted laws rolling back cannabis prohibition at the state level, representing 95% of the U.S. House of Representatives and 88% of the Senate.

Joint statement on the formation of the Congressional Cannabis Caucus:

“We commend Representatives Blumenauer, Rohrabacher, Polis, and Young for their leadership on the issue of cannabis policy. The establishment of a Cannabis Caucus will allow members from both parties, who represent diverse constituencies from around the country, to join together for the purpose of advancing sensible cannabis policy reform. It will also facilitate efforts to ease the tension between federal prohibition laws and state laws that regulate cannabis for medical and adult use.

“The formation of this caucus is a testament to how far our country has come on the issue of cannabis policy. There is a growing consensus that cannabis prohibition has failed, and it is time for a more sensible approach. A strong majority of Americans support making cannabis legal for medical and adult use, and an even stronger majority believes states should be able to establish their own cannabis policies without interference from the federal government. We look forward to working with caucus members to translate this growing public sentiment into sound public policy.”

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Statement below from Mason Tvert, the Denver-based director of communications for the Marijuana Policy Project

DENVER — The Marijuana Policy Project issued the following statement in response to the Colorado Department of Revenue’s announcement that Colorado generated nearly $200 million in state tax revenue in calendar year 2016. This does not include millions of dollars in revenue generated by local taxes on marijuana.

Based on the tax figures, The Cannabist estimated approximately $1.3 billion in regulated marijuana sales took place in Colorado in 2016.

Statement from Mason Tvert, the Denver-based director of communications for the Marijuana Policy Project:

“Over one billion dollars in marijuana sales that once took place in the underground market were instead conducted in regulated businesses this year. The state received nearly $200 million in marijuana tax revenue, whereas just a decade ago it was receiving zero. Hopefully this will be a wake-up call for the 42 states that still choose to force marijuana sales into the criminal market and forego millions of dollars in tax revenue.

“Marijuana tax revenue is not going to cover the state’s budget, but it is going to cover important programs and services that would otherwise be left out of it. This money is just the tip of the iceberg. The state is also reaping the invaluable public health and safety benefits of replacing an underground market with a tightly regulated system. Marijuana is now being sold in licensed businesses, rather than out on the street. It is being properly tested, packaged, and labeled, and it is only being sold to adults who show proof of age. The system is working.”

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Nation’s largest marijuana policy organization remains cautiously optimistic that the Trump administration will refrain from using federal resources to interfere in state laws regulating marijuana for medical and adult use

WASHINGTON — The Marijuana Policy Project (MPP) has issued the statement below regarding the Senate’s confirmation of Jeff Sessions as attorney general on Wednesday evening.

Sessions was asked about marijuana policy on multiple occasions during the confirmation process. During his oral testimony, he conspicuously refrained from committing to enforce federal marijuana prohibition laws in states that are regulating marijuana for medical and adult use, noting the scarcity of resources available. In his written testimony, he said he “echo[es]” the comments made by former Attorney General Loretta Lynch, when she was asked about marijuana enforcement during her confirmation hearing.

President Donald Trump has consistently said that he supports legal access to medical marijuana and believes states should be able to determine their own marijuana policies. During a January appearance on Fox News Channel, Trump spokesman Sean Spicer signaled that Sessions would adhere to Trump’s position that states should be able to establish their own marijuana policies. “When you come into a Trump administration, it’s the Trump agenda you’re implementing and not your own,” he said. “I think Senator Sessions is well aware of that.”

Statement from MPP Director of Federal Policies Robert Capecchi:

“We remain cautiously optimistic that the Trump administration will refrain from interfering in state marijuana laws. When asked about his plans for marijuana enforcement, Attorney General Sessions said he ‘echo[es]’ the position taken by Loretta Lynch during her confirmation hearings. He repeatedly acknowledged the scarcity of enforcement resources, and he said he would ensure they are used as effectively as possible to stop illicit drugs from being trafficked into the country.

“President Trump has consistently said that states should be able to determine their own marijuana laws, and his spokesperson made it clear that the attorney general will be implementing the Trump agenda. We are hopeful that Mr. Sessions will follow the president’s lead and respect states’ rights on marijuana policy.

“A strong and growing majority of Americans think marijuana should be made legal, and an even stronger majority think the federal government should respect state marijuana laws. Eight states have adopted laws that regulate and tax marijuana for adult use, and 28 states now have laws that regulate marijuana for medical use. It would be shocking if the Trump administration attempted to steamroll the citizens and governments in these states to enforce an increasingly unpopular federal policy.”

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