Tag Archives: Colorado

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.

Incoming Committee Chairmen Discuss Oversight and Making Marijuana Legal in the Nation’s Capital

After the passage of Initiative 71 in November, which made small amounts of marijuana legal for adults in the nation’s capital, D.C. residents are awaiting approval from Congress when the new session resumes in January. Despite limited opposition, statements by the new chairs of two key committees are making advocates hopeful that Congress will not interfere.

According to Roll Call:

Rep. Jason Chaffetz, R-Utah, won a four-way contest for the Oversight and Government Reform Committee on November 18. Two days later, he met with Del. Eleanor Holmes Norton, D-D.C., to lay the groundwork for a working relationship.

In a statement, Norton expressed optimism that Chaffetz would continue the tradition of staying out of D.C. affairs. The Utah Republican acknowledged that members of Congress “have a role to play” in oversight over the District, though he said he does not expect the committee to interfere unless in an unusual circumstance.

In the Senate, the likely coming chairman of the committee with authority over D.C. shares Chaffetz’s hands-off philosophy.

“I’m somebody who really thinks the federal government should be very limited and where governing is best close to the governed,” Sen. Ron Johnson, R-Wis., who is expected to take the role of chairman of the Homeland Security and Governmental Affairs Committee, said Nov. 19. “You know, I really look for local control as much as possible so I’ll try and – unless there’s some real massive imperative—let D.C. governance take care of itself.”

One of the first District issues Chaffetz and Johnson will confront as chairmen is how to address making marijuana legal in the D.C., since voters overwhelmingly supported a ballot initiative to make the possession and cultivation of small amounts of marijuana legal.

Both Chaffetz and Johnson are personally against the adult use of marijuana, but Johnson indicated that he would be open to holding a hearing to examine how legal marijuana is playing out in the four states that passed similar measures.

Given the successful implementation of legal marijuana markets in Colorado and Washington and the overwhelming support from voters, Congress should enable D.C. to move forward as well.

Marijuana Credit Union Could be Open in Colorado by January 1 Under State Charter

Colorado marijuana businesses may soon be able to move away from using cash-only systems.

According to The Denver Post:

The Colorado Division of Financial Services … issued Fourth Corner Credit Union an unconditional charter to operate, the first state credit-union charter issued in nearly a decade.

The next hurdles will be obtaining insurance from the National Credit Union Administration, the federal regulator of credit unions, and getting a master account from the Federal Reserve System.

Gov. John Hickenlooper’s office called the charter “the end of the line” for the state’s efforts to solve the marijuana industry’s nagging problem: obtaining banking services. Although the NCUA insurance is not guaranteed — sale and consumption of marijuana remain illegal under federal law — Fourth CornerFourth Corner can operate until NCUA makes its decision.

“A Colorado law of 1981 allows a credit union to open its doors while an application for share-deposit insurance is pending,” said attorney Mark Mason, one of Fourth Corner’s key organizers.

Currently, many banks and other financial service providers have been unwilling to work with the marijuana industry out of fear of violating federal law. Some lawmakers have been trying to address this issue with the help of the National Cannabis Industry Association, but until they are successful, such credit unions may be the only solution available to marijuana businesses.

UN Official Criticizes U.S. for Breaking the Marijuana Laws That it’s Forced the World to Live By

Marijuana is now legal for adult use in Colorado and Washington and will be joined by Alaska and Oregon, in addition to Washington, D.C. — but it turns out that the four states and nation’s capital are all breaking international law.

Yury Fedotov

According to the executive director of the United Nations Office of Drugs and Crime, Yury Fedotov:

“I don’t see how (the new laws) can be compatible with existing convention.”

Apparently, he has a point; by allowing legal marijuana sales within its borders, the U.S. is technically in violation of the 1961 Single Convention on Narcotic Drugs. The major UN convention, which was signed by the U.S., prohibits countries from creating regulated markets for the cultivation, sale, purchase, distribution, and possession of marijuana.

Historically, the U.S. has pressured other countries in the convention to adopt measures that enforced American-style prohibition, which has led some to criticize the federal government for being hypocritical by allowing implementation of state marijuana regulations to proceed.

According to Mason Tvert, spokesman for the Marijuana Policy Project:

“The United States has largely dictated international drug laws for decades, and now that it’s becoming clear that Americans will no longer stand with these failed drug policies, we see other countries moving ahead as well.”

“Fedotov’s statements may make it awkward for the federal government, but they won’t stop the momentum toward ending marijuana prohibition.”

New York City Mayor and Police Chief Announce New Marijuana Policy; Reform Advocates Say It Is Not Enough

Photo of Bill Bratton and Bill de Blasio by Spencer Platt/Getty Images

The New York Police Department will stop arresting people for the possession of small amounts of marijuana and instead issue civil citations, city officials stated Monday, citing both a severe racial disparity in the law’s implementation and the burden of arrests on the criminal justice system as reasons for the change.

With the implementation of this new policy, citizens who are stopped by the police with small amounts of marijuana will receive civil summonses, similar to parking tickets, instead of permanent arrest records that limit opportunities later in life.

“Now there will be fewer unnecessary, low-level marijuana arrests,” said Mayor Bill de Blasio, who ran on a campaign last year emphasizing police reform. “That energy goes into fighting more serious crime.”

Bill Bratton, the NYPD Police Commissioner, said he hopes narcotics officers will start going after big transactions or more dangerous drugs – not small amounts of marijuana.

“I want those narcotics buy-and-busts focusing on significant sales of marijuana, or the emerging problem drug we’re having, heroin,” Bratton told reporters on Monday.

Marijuana policy reform advocates regard the new policy move as a good step in the right direction, though they believe much more needs to be done before New York City’s marijuana laws can be considered fair.

“These laws have been used as a means of targeting and harassing people of color,” said Rachelle Yeung, a legislative analyst at the Marijuana Policy Project.

Moreover, Yeung said that despite the reforms, New Yorkers who purchase marijuana still have to face the dangers associated with an illegal transaction, unlike in states where the substance is legal and regulated.

“In places like Washington state and Colorado, and soon in Oregon and Alaska, people are buying it [marijuana] from safe businesses,” Yeung stated. “But in New York City, people are still going to criminal markets where some people might have weapons or are trying to sell harder and more dangerous drugs. All over the United States, people are using marijuana. That is just a fact.”