Members of the Senate Appropriations Committee voted 16-14 today in favor of an amendment to allow state-compliant marijuana businesses to engage in relationships with financial institutions.
Sponsored by Sens. Jeff Merkley (D) of Oregon and Patty Murray (D) of Washington, the amendment to the Financial Services and General Government Appropriations bill prohibits the US Treasury Department from using federal funds to take punitive actions against banks that provide financial services to marijuana-related businesses that are operating legally under state laws.
Presently, most major financial institutions refuse to provide services to state-compliant operators in the marijuana industry out of fear of federal repercussions. Their refusal to do so presents an unnecessary risk to both those who operate in the legal marijuana industry and to those consumers who patronize it.
No industry can operate safely, transparently or effectively without access to banks or other financial institutions. Further, forcing state-licensed businesses to operate on a ‘cash-only’ basis increases the risks for crime and fraud.
It is time for Congress to change federal policy so that this growing number of state-compliant businesses, and their consumers, may operate in a manner that is similar to other legal commercial entities. Today’s Senate Committee vote marks the first step taken by Congress to address these federal policy deficiencies.
Although stand-alone legislation, The Marijuana Businesses Access to Banking Act of 2015, is pending in both the House and the Senate, it appears unlikely at this time that leadership will move forward with either bill. This means that the Merkley/Murray amendment is like to be reformer’s best opportunity this Congress to impose substantial banking reform.
Keep following NORML’s blog and Take Action Center for legislative updates as this and other relevant reform measures progress. To take action in support of the Merkley/Murray amendment, click here here.
The following Senators voted in favor of the Merkley/Murray amendment:
Tammy Baldwin (D-WI)
Bill Cassidy (R-LA)
Christopher Coons (D-DE)
Dick Durbin (D-IL)
Jeff Merkley (D-OR)
Steve Daines (R-MT)
Chris Murphy (D-CT)
Jack Reed (D-RI)
Patrick Leahy (D-VT)
Barbara Mikulski (D-MD)
Lisa Murkowski (R-AK)
Patty Murray (D-WA)
Brian Schatz (D-HI)
Jon Tester (D-MT)
Jeanne Shaheen (D-NH)
Tom Udall (D-NM)
And these Senators voted against the Merkley/Murray amendment:
Lamar Alexander (R-TN)
Roy Blunt (R-MO)
John Boozman (R-AK)
Shelley Moore Capito (R-WV)
Thad Cochran (R-MS)
Susan Collins (R-ME)
Dianne Feinstein (D-CA)
Lindsey Graham (R-SC)
John Hoeven (R-ND)
Mark Kirk (R-IL)
James Lankford (R-OK)
Mitch McConnell (R-KY)
Jerry Moran (R-KS)
Richard C. Shelby (R-AL)
Legislation to establish a system of medical dispensaries for the state’s nearly 14,000 medical marijuana patients has become law.
Governor David Ige signed the measure, stating, “I support the establishment of dispensaries to ensure that qualified patients can legally and safely access medical marijuana. We know that our challenge going forward will be to adopt rules that are fair, cost effective and easy to monitor. The bill sets a timeline. We will make a good faith effort to create a fair process that will help the people most in need.”
House Bill 321 permits the state “to issue eight dispensary licenses statewide; provided that three dispensary licenses shall be issued for the city and county of Honolulu, two dispensary licenses each shall be issued for the county of Hawaii and the county of Maui, and one dispensary license shall be issued for the county of Kauai. … Up to two production centers shall be allowed under each dispensary license, provided that each production center shall be limited to no more than three thousand marijuana plants. A dispensary licensee may establish up to two retail dispensing locations under the licensee’s dispensary license.”
The state Department of Health has until January 4, 2016 to finalize rules governing the dispensary program. Licensed dispensaries are anticipated to be operational by July 15, 2016. Once operational, qualified patients will be able to obtain up to four ounces of cannabis or cannabis-infused products, such as oils, tinctures, or lozenges, from a licensed provider every 15 days.
A separate provision included in HB 321 also adds post-traumatic stress as a qualifying condition under the state’s medical cannabis law.
Legislation initially enacted by the legislature in 2000 provides qualified patients the legal right to possess and cultivate cannabis for therapeutic purposes, but did not allow for its production and distribution via dispensaries.
Democrat Gov. Jerry Brown signed legislation today, Assembly Bill 258, to allow medical marijuana patients to receive organ transplants.
Hospitals in California and elsewhere have denied patients from receiving organ transplants solely based on their status as medicinal marijuana consumers. Assembly Bill 258 reads, “A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 711362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient.”
Passage of AB 258 ends these discriminatory practices in California.
The new law takes effect on January 1, 2016.
According to a study published in the American Journal of Transplantation, marijuana use by patients undergoing transplants does not adversely impact survival rates.
Police in Florida’s largest county will soon have the option to cite, rather than arrest, minor marijuana offenders.
Commissioners for Miami-Dade county voted 10 to 3 this week in favor of a countywide ordinance to treat marijuana possession offenses involving 20 grams or less as a civil infraction, punishable by a $100 fine — no arrest, no criminal prosecution, no incarceration, and no criminal record. The new ordinance takes effect late next week.
Under state law, minor marijuana possession offenses are classified as a criminal misdemeanor, punishable by up to one year in jail and a $1,000 fine. According to an analysis by the ACLU, an estimated 60,000 Floridians are arrested for cannabis possession violations annually — the third highest statewide total in the nation.
According to a countywide analysis by CBS, misdemeanor marijuana arrests accounted for 10 percent of all cases filed in the Miami-Dade criminal court system between the years 2010 and 2014. While African Americans comprise just 20 percent of the county’s population, they comprised over half of all of those arrested for marijuana possession offenses.
Senior county officials have not yet provided details in regard to how police will implement the new law or what criteria they will use to determine whether to issue a citation or make an arrest.
Legislation takes effect at midnight tonight permitting adults to possess and cultivate marijuana for personal use.
Fifty-six percent of state voters approved Measure 91 in November, which allows those over the age of 21 to legally possess up to one ounce of cannabis and/or to engage in the non-commercial cultivation of up to four marijuana plants (yielding up to eight ounces of marijuana). The law also permits adults to possess up to a pound of cannabis-infused edibles, 72 ounces of cannabis-infused liquids, and/or one ounce of marijuana concentrates.
Separate regulations allowing for the licensed production and retail sale of cannabis have yet to be finalized by lawmakers. Legislation is under consideration to permit adults to temporarily purchase cannabis from state-licensed medical dispensaries as soon as the fall.
State-licensed retailers are not anticipated to be operational until mid-to-late 2016.
Oregon is the fourth state – joining Alaska, Colorado, and Washington – to permit adults to legally possess limited quantities of marijuana for their own personal use. The District of Columbia also allows adults to possess and grow marijuana legally.