DOJ Will Allow Marijuana On Native American Land

According to a memo released Thursday, the Department of Justice is instructing U.S. attorneys not to enforce marijuana prohibition on Native American land. This includes territory within states where marijuana is still illegal.

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Timothy Purdon

The new guidance, released in a memorandum, will be implemented on a case-by-case basis and tribes must still follow federal guidelines, said Timothy Purdon, the U.S. attorney for North Dakota and the chairman of the Attorney General’s Subcommittee on Native American Issues.

But the Justice Department will generally not attempt to enforce federal marijuana laws on federally recognized tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.

“The tribes have the sovereign right to set the code on their reservations,” Purdon said.

There are 36 states with federally recognized tribal territories. Native American leaders across the country now have the opportunity to take the marijuana market out of the hands of criminals and reap serious financial gains by allowing their residents and neighbors to use a substance that is objectively safer than alcohol.

From USA Today:

“Regulating and taxing marijuana like alcohol would ensure the product is controlled, and it would bring significant revenue and new jobs to these communities,” [MPP’s Mason] Tvert says. “Studies have consistently found above-average rates of alcohol abuse and related problems among Native American communities, so it would be incredibly beneficial to provide adults with a safer recreational alternative.”

Congress Poised to Pass Historic Medical Marijuana Amendment

After 11 years of MPP lobbying and attending receptions on Capitol Hill, Congress is finally poised to pass an amendment that would prohibit the U.S. Justice Department — which includes the DEA — from interfering with state-level medical marijuana laws.Capitol

The U.S. House rejected the amendment in 2003, 2004, 2005, 2006, 2007, and 2012. Finally, in May of this year, the House passed the amendment, which was introduced by Congressmen Dana Rohrabacher (R-CA) and Sam Farr (D-CA).

Last night, the amendment was included in the annual spending bill that Congress is expected to pass today or tomorrow. It will then be the law through September 30, at which time it would need to be renewed each fall.

Unfortunately, a bad amendment to block local legalization in D.C. was also included in the spending bill. The D.C. mayor and council had been planning to tax and regulate marijuana like alcohol in our nation’s capital, which they’ll no longer be allowed to do.

That said, the medical marijuana and decriminalization laws in D.C. will remain in effect.

And it is MPP’s opinion that the ballot initiative that 70% of D.C. voters passed on November 4 will be allowed to move forward. This initiative — which removes penalties for adult possession and home cultivation — would take effect in approximately March (unless Congress affirmatively blocks the initiative).

The federal spending bill also prohibits the U.S. Justice Department from interfering with state-level hemp laws.

Finally, marijuana has become a big issue on Capitol Hill, which is a precursor to ending federal prohibition.

Two Thirds of Americans Want Congress to Exempt States from Federal Marijuana Enforcement

A new study shows that an overwhelming majority of Americans want the federal government to stay out of state-level affairs associated with changes in marijuana law.

According to The Washington Post, that is one of the conclusions of a survey on legal marijuana recently commissioned by Third Way:

The survey found Americans split on the question of full legalization, with 50 percent supporting versus 47 percent opposed. However, the poll did find that six in ten respondents said that states, not the federal government, should decide whether to make marijuana legal. Moreover, 67 percent of Americans said Congress should go further and specifically carve out an exemption to federal marijuana laws for states that legalize, so long as they have a strong regulatory system in place.

How this would work for marijuana is detailed in an exhaustive forthcoming study in the UCLA Law Review. In short, Congress could allow states to opt out of the Controlled Substances Act provisions relating to marijuana, provided they comply with regulatory guidelines issued by the Department of Justice.

This is already the de-facto federal policy toward Colorado, Washington, Alaska, and Oregon, although it cannot become a formal policy without an act of Congress. Third Way heartily endorses this approach, as it represents a “third way” between the current policy of outright prohibition, and the full legalization route favored by marijuana reform activists.

It is time for Congress to get out of the way and let states determine what marijuana policies work best for them.

MPP’s Rob Kampia Gives His Take on What’s Next for Marijuana Legalization

Executive director of the Marijuana Policy Project, Rob Kampia, discusses what’s next for the push to make marijuana legal in the United States:

The state that will most likely be next to legalize is Rhode Island, which would be the first to do so via state legislature. Also this spring, the District of Columbia is expected to enact a similar law through its city council.

There’s also a real opportunity to legalize marijuana through five more state legislatures between now and 2017 – Delaware, Hawaii, Maryland, New Hampshire, and Vermont. There will also be serious legislative activity in other states, such as New York, but it is less clear when such legislation will pass.

In November 2016, at least five states are expected to vote on similar ballot initiatives – Arizona, California, Maine, Massachusetts, and Nevada – and one could potentially appear on the ballot in Missouri.

By the end of 2017, marijuana could be legalized in 15 states and D.C., which would comprise 26% of the nation’s population.

Read the rest of Kampia’s column here.

Nevada Marijuana Initiative Headed to the 2015 State Legislature

A petition aimed at allowing the adult use of marijuana in Nevada has met its signature requirements and will be submitted to the 2015 state legislature.

According to The Washington Post:

Supporters of the measure to make marijuana legal in Nevada turned in 138,453 valid signatures, according to the Secretary of State Ross Miller’s (D) office, far above the approximately 100,000 valid signatures necessary to qualify an initiative.

The Las Vegas Review-Journal provided a good rundown on where it will go from here:

The state legislature has 40 days to act on the measure. If lawmakers pass it and the governor signs it, the measure becomes law. If the legislature does nothing or the governor does not sign the measure, the initiatives will go on the ballot for voters to decide in 2016.

Furthermore, if lawmakers amend the measure, both the original version and the amended version would go on the ballot. If the initiative passes with more than 50 percent of the vote, the one with the larger number of “yes” votes become law.

Marijuana Policy Project