U.S. Rep. Dave Joyce (R-OH) and U.S. Sen. Cory Gardner (R-CO) have unveiled the bicameral, bipartisan Strengthening the Tenth Amendment Through Entrusting States (STATES) Act to ensure that each state, U.S. territory and federal tribe has the right to determine its individual marijuana governance approach.
U.S. Sen. Elizabeth Warren (D-MA) joined Sen. Gardner in proposing the U.S. Senate bill, while U.S. Rep. Earl Blumenauer (D-OR) joined Rep. Joyce in introducing the House version.
“We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations and requirements for the use, production and sale of cannabis,” Rep. Joyce said on June 7.
“If the people of these states have decided to provide help for those veterans and others suffering from pain and other health issues, we should allow them access without government interference,” the congressman said.
Currently, 46 states have laws permitting or decriminalizing marijuana or marijuana-based products, including Washington, D.C., Guam, Puerto Rico, and several tribes, according to the lawmakers’ statement.
The U.S. Department of Justice issued guidance to safeguard states’ actions, however, the guidance was withdrawn earlier this year, creating legal uncertainty, threatening public health and safety, and undermining state regulatory regimes, according to a one-page fact sheet provided by the senators.
“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” Sen. Warren said. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”
Sen. Gardner noted that Coloradans in 2012 voted to legalize marijuana and the state developed a process to regulate the legal marijuana industry within its borders.
“But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government,” said Sen. Gardner. “The federal government is closing its eyes and plugging its ears while 46 states have acted.”
The bipartisan STATES Act would rectify this situation, he said, by ensuring “the federal government will respect the will of the voters – whether that is legalization or prohibition – and not interfere in any states’ legal marijuana industry.”
“For too long the senseless prohibition of marijuana has devastated communities, disproportionately impacting poor Americans and communities of color,” added Rep. Blumenauer. “Not to mention, it’s also wasted resources and stifled critical medical research. It’s past time to put the power back in the hands of the people. Congress must right this wrong.”
Ignoring the ability of states, territories, and tribes to determine for themselves what type of marijuana regulation works best comes with real costs, according to the lawmakers’ statement. For instance, legitimate businesses that comply with state laws have their access blocked to basic banking services, while illegal markets often materialize that require local law enforcement to redirect resources to handle.
As more states, territories and tribes consider updating their marijuana regulations, they said, it’s critical that Congress take immediate steps to safeguard their right to do so via approval of the STATES Act.
The proposed legislation has been endorsed by organizations including the American Civil Liberties Union, Americans for Prosperity, Americans for Tax Reform, the Competitive Enterprise Institute, the Drug Policy Alliance, the Institute for Liberty, LatinoJustice PRLDEF, the Law Enforcement Action Partnership, the Marijuana Policy Project, the National Cannabis Bar Association, the National Cannabis Industry Association, the National Conference of State Legislatures, the Northwest Credit Union Association, and the Taxpayers Protection Alliance, among others.
The STATES Act, according to a summary from the members, would amend the Controlled Substances Act so that as long as states and tribes comply with some basic protections, the act’s provisions would no longer apply to any person acting in compliance with state or tribal laws relating to marijuana activities.
The bill also would clarify that compliant transactions are not trafficking; would remove industrial hemp from the act’s list of controlled substances; would prohibit the distribution of marijuana at transportation facilities, such as rest areas and truck stops; and would make it illegal to sell or distribute marijuana to persons under the age of 21 other than for medical purposes, among other provisions.