Sens. Elizabeth Warren (D-MA) and Cory Gardner (R-CO) introduced a bipartisan bill on Thursday that would allow states to regulate marijuana within their borders without federal intervention.
The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act would ensure that states could make and enforce their own laws regarding to production and distribution of marijuana, as long as states follow a few federally-mandated rules, such as prohibiting people under the age of 18 from working in the industry, prohibiting the distribution of marijuana at transportation safety facilities and prohibiting the sale of marijuana to people under age 21 unless for medical purposes, ABC News reports.
According to The Hill, the bill would amend the Controlled Substances Act to include a framework that states it no longer applies to those adhering to state laws “relating to the manufacture, production, possession, distribution, dispensation, administration, or delivery of [marijuana].”
It’s time to reform American’s outdated marijuana policies. Watch live as @SenCoryGarder and I discuss our new legislation that would let states, territories, & tribes decide for themselves how best to regulate marijuana – without federal interference. https://t.co/BVcvxomhld
— Elizabeth Warren (@SenWarren) June 7, 2018
“This city of Denver, the state of Colorado, can collect taxes … they can take it to the bank,” Gardner said during a press conference announcing the bill. “But if you’re in the business, if you work for the business, you can’t get a bank loan or set up a bank account because of the concern over the conflict between the state and federal law. We need to fix this public hypocrisy,” Gardner added.
The bill would make it clear that marijuana businesses in states where it is legal are engaging in legitimate commerce and would thus would be able to take advantage of all aspects of commerce activity, including the banking system and claiming business tax deductions, ABC News reports.
“Clarity’s important. Important for the businesses and important for the people who use marijuana,” Warren said.
“I think this will be an opportunity for us to fulfill what is that federalism approach,” Gardner said.
The bill is a response to the Trump administration’s strict stance against marijuana. According to The Hill, Attorney General Jeff Sessions has been a vociferous opponent of marijuana legalization and rolled back an Obama-era policy in January that gave states the right to regulate recreational use of marijuana. In May 2017, Sessions sent a letter to Congress asking congressional leaders to eliminate an amendment that prohibited the Justice Department from using federal funds to stop states “from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana.”
Warren noted that Sessions’ stance on marijuana had actually galvanized congressional members to protect their state’s right to regulate this issue.
“Thanks to the Attorney General, more people feel the urgency of the moment in changing federal law on marijuana,” Warren said. “Go Jeff Sessions,” she joked.
If the bill were to pass, states would not have to “rely on the Justice Department to be more forgiving,” she added.