Congressional leaders have moved in recent days to quash a number of proposed marijuana law reforms.
Specifically, provisions previously voted on by Congress to expand medical cannabis access to eligible military veterans were removed by leadership during the conference committee process. Members have yet to speak publicly as to why the language was removed. Both the Senate and the House versions of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill contained the marijuana-friendly provisions prior to the reconciliation process.
The move follows a decision earlier this week by Republican leaders on the House Rules Committee to deny members the opportunity to vote on a Democrat-sponsored amendment that sought to permit banks and other financial institutions to engage in relationships with state-compliant marijuana businesses. Senate Appropriations Committee members had approved a similar amendment last week by a vote of 16 to 14. That amendment, which is now included in the Senate’s version of the Financial Services and General Government appropriations bill, awaits further action on the Senate floor. If approved, the Senate bill will ultimately need to be reconciled in conference committee with House leadership.
In April, NORML released a Congressional Scorecard assigning letter grades ‘A’ through ‘F’ to every member of the US House and Senate based on their marijuana-related comments and voting records. To see what grades your Congressional members received, please click here.
This afternoon, the House of Representatives voted 231 to 192 in favor of the Heck-Perlmutter-Lee-Rohrabacher Amendment, which will restrict Treasury Department and SEC funds from being spent to penalize financial institutions for providing services to marijuana related business that operate according to state law. This proposal amends H.R. 5016, a spending bill for fiscal year 2015 that funds the Internal Revenue Service, Treasury Department, and Securities and Exchange Commission.
The amendment reads:
“None of the funds made available in this Act may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, or Wisconsin or the District of Columbia, to prohibit, penalize, or otherwise discourage a financial institution from providing financial services to an entity solely because the entity is a manufacturer, producer, or person that participates in any business or organized activity that involves handling marijuana or marijuana products and engages in such activity pursuant to a law established by a State or a unit of local government.”
This vote comes on the heels of another recent historic vote in the House of Representatives, that restricted Department of Justice and DEA funds from being used to interfere in state approved medical marijuana programs. That measure is still awaiting action in the US Senate. This measure, HR 5106, will now be sent to the Senate as well.
“The recent votes in the House of Representatives demonstrate bi-partisan support at the federal level to allow states to experiment with new marijuana policies, free from federal interference,” stated NORML Communications Director Erik Altieri, “If implemented, this amendment will help alter the current untenable status quo that forces otherwise law abiding businesses to operate on a cash only basis, making them a target for criminal actions and unduly burdening their operations.”
In the coming days, members of the House of Representatives are expected to debate and vote on budget appropriation legislation for the Department of Justice. Representatives Rohrabacher and Farr will be introducing an amendment to this measure to prevent any of the department’s funding from being used to interfere with medical marijuana programs in states that have approved them.
Twenty-one states — Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, Vermont, and Washington — as well as the District of Columbia have enacted laws protecting medical marijuana patients from state prosecution. Yet in all of these states, patients and providers still face the risk of federal sanction — even when their actions are fully compliant with state law.
It is time that we allowed our unique federalist system to work the way it was intended. Patients, providers, and their state representatives should have the authority to enact laws permitting the medical use of cannabis — free from federal interference.
Please write your members of Congress today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a prewritten letter will be e-mailed to your member of Congress.
Today, the Maryland House of Delegates voted 78 to 55 in favor of Senate Bill 364 which reduces the penalty for possession of 10 grams or less of marijuana from a criminal misdemeanor to a civil offense.
Senate Bill 364 was originally amended by the House Judiciary Committee to simply form a task force to study the issue of marijuana decriminalization. However, this morning, under pressure from the House Black Caucus, the House Judiciary Committee reversed their vote and instead voted 13 to 8 to approve an amended version of SB 364. As amended by committee, the bill would make possession of 10 grams or less a civil offense with the first offense punishable by a $100. The fine for a second offense would be $250, and the fine for a third and subsequent offenses would be $500. The original Senate version set the fine at $100, no matter which offense it was. SB 364 is now expected to go to conference committee to resolve the differences between the version approved by the House and the one approved by the state Senate.
Commenting on today’s vote, NORML Communication Director Erik Altieri stated, “This bill represents a great step forward in reversing the devastating effect current marijuana policies have on communities in Maryland. While the state must now move forward on the legalization and regulation of marijuana, we applaud Maryland legislators in taking action to end the 23,000 marijuana possession arrests occurring in the state every year.”
According to a 2013 ACLU report, Maryland possesses the fourth highest rate of marijuana possession arrests per capita of any state in the country. Maryland arrests over 23,000 individuals for simple marijuana possession every year, at the cost over of 100 million dollars.
NORML will keep you updated on the progress of this legislation.
Today, the New Hampshire House of Representatives voted 215 to 92 in favor of House Bill 1625. This legislation to significantly reduce marijuana penalties in New Hampshire.
Under present law, possession of any amount of marijuana is a criminal misdemeanor, punishable by up to 1 year of incarceration and a maximum fine of $2,000. Passage of this act would eliminate criminal penalties for possession of one ounce or less of marijuana and replace them with a civil fine of $100 — no arrest and no criminal record. It would lower the classification of cultivation of six marijuana plants or less to a Class A misdemeanor. You can read the full text of this measure here. House Bill 1625 now awaits action in the state Senate.
New Hampshire Residents: Click HERE to quickly and easily contact your member of the state Senate and urge them to support this important legislation. You can also view how each member of the House of Representatives voted here.