To End Prohibition or Not To End Prohibition, That is the Question
This article was produced with support from the Cannabis Museum’s Investigative Fund. If you would like to support investigative journalism in the cannabis industry during this pivotal transition please make a donation to the Cannabis Museum- Investigative Fund.
As the 2020 general election nears, politicians up for re-election are looking to attach themselves to the one issue that is universally agreed upon on both sides of the political aisle: cannabis legalization.
Now in 2019, hemp is legal nationwide and the issue not only has broad bipartisan support, but that support has has reached critical mass; 10 states and the District of Columbia have fully legalized cannabis for all uses, 21 more have broad medical marijuana policies, and with the exception of Idaho, South Dakota, Nebraska and Kansas, the rest have at least legalized non-intoxicating Cannabidiol (CBD) for medical use. According to the Associated Press General Social Survey conducted in late 2018, total support for full legalization of cannabis is now 61 percent nationally, including 54 percent of Republicans and 76 percent of Democrats. According to a 2019 Quinnipiac poll, 93 percent of Americans support the medical use of cannabis. So, it is likely that politicians on both sides of the aisle will be championing cannabis legislation in the coming year.
Right now there are at least eight bills (and counting) in front of the 116th U.S. Congress. One would end federal prohibition and others would either hasten or delay its eventual end.
Here is a look at what Congress is considering:
Marijuana Justice Act of 2019 — S. 597 / H.R. 1456
Primary Sponsors: Senator Cory Booker (D-NJ) and Representative Barbara Lee (D-CA)
Senate Co-Sponsors: Ron Wyden (D-OR), Jeff Merkley (D-OR), Elizabeth Warren (D-MA), Kamala Harris (D-CA), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), Michael F. Bennet (D-CO)
House of Representatives Co-Sponsors: Earl Blumenauer (D-OR), Alexandria Ocasio-Cortez (D-NY), Tulsi Gabbard (D-HI) and 34 others.
Summary: Versions of this legislation date back to 2011, when Rep. Barbara Lee, an Oakland, California Democrat first introduced it. At the time, Oakland was the international epicenter of the movement to re-legalize cannabis. In both 2018 and now in 2019 Senator Cory Booker of New Jersey has joined Rep. Barbara Lee in sponsoring the current version.
The MJA is the only piece of legislation Congress is currently considering that completely reverses prohibition policies and, in turn, opens up banking, state-run commercial markets and medical research and access. The MJA removes cannabis from the Controlled Substances Act and decriminalizes it completely at the federal level. Prisoners whose only crimes would become legal under the MJA would be released and former-prisoners would have their federal records expunged.
By reversing federal prohibition this would immediately open up banking, veteran access and other issues addressed in separate legislation. This bill is in dire need of citizen support and legislative sponsorship from Republicans.
Secure And Fair Enforcement (SAFE) Banking Act — H.R. 1595
Sponsor: Rep. Earl Perlmutter (D-CO)
Co-sponsors: 172 total co-sponsors in the House of Representatives as of printing, including 20 Republicans. Co-sponsors include Matt Gaetz (R-FL), Earl Blumenauer (D-OR) and Tulsi Gabbard (D-HI).
Summary: In brief, this bill would remove all federal barriers to banking legal cannabis money. By far, the SAFE Banking Act has the most momentum in Congress.
Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2019 — S. 3032
Sponsors: Sen. Elizabeth Warren (D-MA)
Co-Sponsors: Senators Cory Gardner (R-CO), Rand Paul (R-KY), Catherine Cortez-Masto (D-NV), Lisa Murkowski (R-AK), Cory Booker (D-NJ), Dan Sullivan (R-AK), Michael Bennet (D-CO), Jeff Flake (R-AZ), Amy Klobuchar (D-MN) and Dianne Feinstein (D-CA)
Summary: STATES would recognize state-level recreational and medical laws but would not remove or change it’s Schedule I status under the Controlled Substances Act. STATES has equal bipartisan sponsorship in the Senate. After SAFE Banking, STATES is the most likely to make it to President Trump’s desk, where he has indicated he would “probably” sign it.
Veterans Equal Access Act (Equal Access Act) H.R. 1647
Sponsor: Rep. Earl Blumenauer (D-OR)
Co-Sponsors: There are 16 total co-sponsors of this legislation, including five Republicans. Notable co-sponsors include Representatives Matt Gaetz (R-FL) and Barbara Lee (D-CA).
and;
Veterans Cannabis Use for Safe Healing Act (Safe Healing Act) H.R. 2191
Sponsor: Rep. W. Gregory Steube (R-FL)
Co-Sponsors: Representatives Gilbert Ray Cisneros (D-CA), Matt Gaetz (R-FL), Don Young (R-AK) and Eleanor Holmes Norton (D-DC)
and;
VA Medicinal Cannabis Research Act H.R. 712
Sponsor: J. Luis Correa (D-CA)
Co-Sponsors: There are a total of 60 representatives co-sponsoring this legislation, including five Republicans. Notable co-sponsors include Representatives Matt Gaetz (R-FL), Don Young (R-AK), Barbara Lee (D-CA), Earl Blumenauer (D-OR), Ed Perlmutter (D-CO) and Tulsi Gabbard (D-HI)
Summary: H.R 1647 would allow VA physicians to recommend medical cannabis in states where it is legal. H.R. 2191 would prevent the VA from denying benefits to veterans using medical cannabis legally under state law. H.R. 712 directs the VA to research cannabis and perform clinical trials, specifically when it comes to treating post-traumatic stress disorder (PTSD). These bills were heard in the House Veterans Affairs Subcommittee on Health on April 30, but no legislation has advanced yet.
Marijuana Revenue and Regulation Act — S. 420 / H.R. 1120
Sponsors: Sen. Ron Wyden (D-OR) and Rep. Earl Blumenauer (D-OR)
Co-Sponsors: Rep. Jared Huffman (D-CA)
Summary: S. 420 and H.R. 1120 are identical bills introduced by Congressional cannabis leaders from the Oregon delegation Sen. Ron Wyden and Rep. Earl Blumenauer. Although this legislation would not end federal prohibition, it decriminalize federally and allow for federal regulation and taxation in states that regulate commercial markets.
Responsibly Addressing the Marijuana Policy Gap — S. 421 / H.R. 1119
Sponsors: Sen. Ron Wyden (D-OR) and Rep. Earl Blumenauer (D-OR)
Summary: This legislation would provide many of the provisions separate legislation would address, but also stops short at ending federal cannabis prohibition.
This article was produced with support from the Cannabis Museum’s Investigative Fund. If you would like to support investigative journalism in the cannabis industry during this pivotal transition please make a donation to the Cannabis Museum- Investigative Fund.
