PNC Bank Closing MPP’s Accounts


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PNC Bank notified MPP that it would be closing our accounts on July 7. The bank cited federal prohibition and the fact that some of our donors are involved in legal, regulated marijuana businesses as the reason for closing the accounts.

CNN Money reports:

The organization does not deal directly with the sale or distribution of marijuana, Tvert said. But the 22-year-old lobby group does receive money from state-legal marijuana businesses that pay taxes.

Marijuana remains illegal in the eyes of the federal government, though medical marijuana is legal in 29 states and recreational pot is legal in eight states and the District of Columbia. Banks are supposed to adhere to federal law, so many of them shun state-legal marijuana businesses, forcing some of those businesses to deal in cash.

[MPP’s Mason] Tvert said he wonders why a bank would have a problem dealing with an organization that receives money from marijuana businesses when those businesses pay taxes.

“We receive contributions from state regulated marijuana businesses … that are paying taxes,” he said. “Yet we don’t see anyone shutting down the federal government’s bank account or state or local governments’ bank accounts. We have moved so far toward legitimizing this industry yet we are still seeing these kinds of ridiculous situations that need to be addressed.”

MPP has secured alternative banking options and will be moving forward with our efforts to end marijuana prohibition.

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Congress Passes Spending Bill Continuing Protections for State Medical Marijuana Programs


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The Justice Department will continue to be prohibited from interfering in state medical marijuana laws under the federal spending bill passed Thursday in the Senate. The bill has already passed the House, and President Trump has said he will sign it.

The legislation includes a provision that is intended to prevent the department, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws.

The provision stems from an amendment originally sponsored by Rep. Dana Rohrabacher (R-CA) and former Rep. Sam Farr (D-CA), which was first approved by the House in May 2014. It was approved again by a larger margin in June 2015, then included in the continuing appropriations packages that have funded the federal government since October 2016.

Unfortunately, the spending package approved Thursday also includes a provision that prevents the District of Columbia from regulating the cultivation and distribution of marijuana for adult use. It was originally introduced by Rep. Andy Harris (R-Maryland) and approved in 2015, after District voters approved a ballot initiative to make possession and cultivation of limited amounts of marijuana legal for adults 21 years of age and older.

MPP’s Robert Capecchi released the following statement:

“Congress appears to be growing increasingly comfortable with states adopting their own marijuana policies,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “Unfortunately, spending prohibitions like these expire at the end of the fiscal year, so there is still a need for a long-term solution.

“The time is right for Congress to adopt permanent legislation that protects individuals from federal enforcement if they are in compliance with state laws,” Capecchi said. “It is difficult to understand what they’re waiting for. The vast majority of U.S. voters oppose the federal government interfering in state marijuana laws, and there is now near-universal support for legalizing medical marijuana.”

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GOP Congressman Introduces ‘Respect State Marijuana Laws Act’


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Rep. Dana Rohrabacher

Republican Congressman Dana Rohrabacher of California introduced legislation in the U.S. House of Representatives on Tuesday that would resolve the conflict between state and federal marijuana laws and allow states to determine their own marijuana policies.

The Respect State Marijuana Laws Act exempts individuals and entities from certain provisions of the Controlled Substances Act if they are acting in compliance with state marijuana laws. This is the third time Rohrabacher has introduced the bill. Twenty of his colleagues in the House, including seven Republicans, co-sponsored the Respect State Marijuana Laws Act of 2015, which was introduced in the 114th Congress.

“The call for federal marijuana policy reform is growing louder and louder,” said Don Murphy, MPP director of conservative outreach. “Congress needs to listen to their constituents and to state lawmakers, most of whom agree marijuana policy is an issue best left to the states. This is a bipartisan solution that ought to find support on both sides of the aisle.”

 

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What Does a Trump Presidency Mean for Marijuana Policy?


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On the same night that voters in eight states were approving marijuana policy reform initiatives, Donald Trump was on his way to being elected the next President of the United States. the_white_house_in_washington_dcWhile this divisive election has left some people jubilant and others outraged, many are wondering what a Trump presidency will mean for the future of marijuana policy reform efforts as well as the progress we have made so far.

While it is difficult to tell what will happen in the next administration, MPP is hopeful that the current federal policy of not targeting people and businesses in compliance with state marijuana laws will continue in the next administration. Read the rest of this entry »

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Brookings Institution Report Calls For Broad Reforms in Marijuana Research Policy


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Early this week, the Brookings Institution released a report titled ‘Ending the U.S. government’s war on medical marijuana research’, which analyzes the ways in which the federal government hinders effective research, and how these policies could be changed.logo_brookings_-axd_

The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety. As medical marijuana becomes increasingly accessible in state-regulated, legal markets, and as others self-medicate in jurisdictions that do not allow the medical use of cannabis, it is increasingly important that the scientific community conduct research on this substance. However, statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area. It is time for the federal government to recognize the serious public policy risks born from limited medical, public health, and pharmaceutical research into cannabis and its use.
The report specifically argues that simply rescheduling marijuana will not be sufficient to remove barriers to scientific study, and that broader reforms are needed. Currently, marijuana is considered a Schedule I drug under federal law, and all research must be approved by the Drug Enforcement Administration.

You can read the full report here.

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Congressional Amendment Could Curtail Federal Marijuana Prohibition


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Rep. Tom McClintock

Representatives Tom McClintock (R-CA) and Jared Polis (D-CO) are introducing an amendment to a Department of Justice spending bill intended to prevent the federal government from enforcing federal marijuana laws against individuals and companies who are operating in compliance with the state laws regulating marijuana.

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Rep. Jared Polis

Ask your Representative to support the McClintock-Polis Amendment today.

This amendment will not only protect critically ill medical marijuana patients from federal prosecution but, unlike previous versions, will also apply to adult use of marijuana in states where it is legal, like Colorado, Washington, Alaska, and Oregon.

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Congressmen Introduce Bills to Regulate and Tax Marijuana Like Alcohol at the Federal Level


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U.S. Reps. Jared Polis (D-CO) and Earl Blumenauer (D-OR) introduced separate bills Friday that would regulate marijuana like alcohol and tax it at the federal level, respectively.

Rep. Polis’s bill would replace the federal government’sUS_Capitol_west_side current marijuana prohibition model with a regulatory model similar to the one in place for alcohol. States would decide their own marijuana laws, and a federal regulatory process would be created for states that choose to regulate the cultivation and sale of marijuana for adult use. Rep. Blumenauer’s bill would tax marijuana at the federal level.

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Federal Lawsuit Filed to Derail Washington State from Collecting Taxes on Marijuana Sales


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Martin Nickerson
Martin Nickerson, owner of Northern Cross Collective Gardens

Martin Nickerson has filed a federal lawsuit against the state of Washington, attempting to bar the state from collecting taxes on marijuana sales. Washington state officials are demanding that he pay taxes on those sales to the tune of $62,000. However, since Nickerson is under prosecution for the criminal sale of marijuana as a medical marijuana producer, he claims that forcing him to pay taxes on his sales would violate his constitutional right against self-incrimination.

Alison Holcomb, an attorney with the American Civil Liberties Union who was the main author of Washington State’s successful ballot initiative, said the lawsuit has a low probability of taking down the state’s legal marijuana system.

Suppliers like Nickerson have already made public their intent to break federal law, Holcomb said, so paying taxes on their proceeds would not do much to further incriminate them.

“Paying taxes on marijuana implicates you, but so does everything else about being engaged in this system,” she said.

Ultimately, the case brings into question whether federal laws trump state laws when it comes to collecting tax revenue generated from marijuana sales. The outcome of this case could have a significant impact on medical marijuana businesses around the country.

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New York’s Gov. Cuomo To Announce Support for Medical Marijuana, But Measure Does Not Go Far Enough


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This Wednesday, Gov. Andrew Cuomo is expected to announce an executive action creating a medical marijuana program. While it’s encouraging that he has realized patients should not be punished for using their medicine, unlike the medical marijuana bill sponsored by Assemblyman Richard Gottfried and Senator Diane Savino, Gov. Cuomo’s proposal would not create an effective program. The “State of the State” address will be streaming live at 11:30am ET on Wednesday.

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Gov. Andrew Cuomo

It appears the governor’s plan would only allow patients to access marijuana from a limited number of hospitals, which would dispense marijuana that was either obtained from a federally approved source or that is illegal to dispense under federal law. But the federal government has refused to provide marijuana even to some short-term FDA-approved studies, and there is no reason to think it will approve marijuana for longer-term patient access. Meanwhile, hospitals surely wouldn’t break federal law by distributing unapproved marijuana.

A similar medical marijuana law that passed in Maryland last year, by all accounts, just won’t work. If you live in New York State, let your legislators know the way to protect patients is by enacting a comprehensive medical marijuana bill.

New York patients who suffer from debilitating illnesses deserve protection from prosecution, and access to medical marijuana through a viable program — such as those that have passed in 20 other states, plus D.C. If you are a New York residentplease email your legislators today and urge them to support Assemblyman Gottfried and Senator Savino’s medical marijuana bill.

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What the Michigan Local Ordinances Really Do


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While election day saw an overwhelming amount of media coverage surrounding marijuana issues, some of the details were confusing to people not living in those states, so here are the details for Michigan. Three cities in Michigan voted to remove criminal penalties associated with possession or transfer of up to one ounce of marijuana.  The ordinances apply to those 21 and over on private property.  Ferndale and Jackson voters passed city ordinances by 69% and 61% respectively, while voters in the capital city, Lansing, passed an amendment to their city charter with 63% of the vote.  Ferndale, Jackson, and Lansing all join the ranks of other Michigan cities like Detroit, Grand Rapids, Ann Arbor, and Kalamazoo, which had previously removed criminal penalties associated with marijuana possession or set marijuana as the lowest law enforcement priority.Untitled

Law enforcement is still able to enforce state and federal laws against marijuana, but local cops have the option to follow these ordinances and not charge adults for possession of small amounts of marijuana. Activists will be playing close attention to whether or not they heed the will of the voters.

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