FEDERAL CANNABIS ISSUES

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INTRODUCED The Marijuana Misdemeanor Expungement Act; introduced 7/28/2022

Reps. Carter (LA) and Davis (IL) have introduced a bill that is intended to result in "procedures or practices for the review, expungement, sealing, sequester, and redaction of official records” related to any nonviolent “federal misdemeanor, petty offense, infraction, or civil penalty involving marijuana." HR 8557 can be reviewed here and has been referred to the House's Judiciary Committee.

The Cannabis Guild supports all efforts to expunge non-violent low-level marijuana offenses. If you want to contact your Representative about this bill or other issues important to you, the best way is to do so directly. The Cannabis Guild has very limited federal advocacy activities, as our PAC is active only at the State and local levels. Contact your Legislators.

INTRODUCED The Cannabis Administration & Opportunity Act (CAOA); Introduced 7/20/2022

Following a discussion draft released in July 2021, Senator Schumer (NY), with support from Sens Booker (NJ) and Wyden (OR), introduced this bill in the Senate.

Click to download a PDF of the bill as introduced. 

Highlights of the bill include:

  • The Attorney General should complete the rules removing marijuana and tetrahydrocannabinol in cannabis from the Controlled Substance Act within 180 days of the law enactment.
  • Set a 5% federal excise tax on small to mid-sized marijuana producers that would be gradually raised to 12.5% after five years.
  • For larger businesses, the tax would start at 10% to reach a maximum of 25%.
  • Recreational marijuana products would be legal only to adults 21 and older. 
  • Expungement of records of individuals with low-level, federal cannabis convictions within one year of enactment.
  • Establish a federal regulatory framework for the cannabis industry with the Food and Drug Administration (FDA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Alcohol and Tobacco Tax and Trade Bureau (TTB) having the most important roles
  • Under FDA, there would be a Center for Cannabis Products in charge of “the production, labeling, distribution, sales, and other manufacturing and retail elements of the cannabis industry.”

A detailed summary of the bill's July 2021 discussion draft is available here (PDF). The WMCG supports many parts of this bill but has concerns. A 25% tax is too high, even with allowances for small business exemptions. Additionally, there are significant pitfalls that may be associated with interstate commercial transport of cannabis, unless corrected.

If you want to contact your Representative or Senator about the CAOA or other issues important to you, the best way is to do so directly. The Cannabis Guild has very limited federal advocacy activities, as our PAC is active only at the State and local levels. Contact your Legislators.

We'll keep the latest status of the bill right here on this page, and in members-only policy updates. If you're not yet a member, be sure to join today!

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PASSED THE SENATE The Cannabidiol and Marihuana Research Expansion Act; passed unanimously 3/24/2022

On Thursday, March 24, 2022, the U.S. Senate unanimously passed the reintroduced Senate Bill 253, the Cannabidiol and Marihuana Research Expansion Act. It was first introduced in 2020 by Sen. Feinstein (D-CA) and also passed the Senate unanimously in 2021. The bill is intended to streamline the application process for researchers who want to study the plant, encourage the Food and Drug Administration (FDA) to develop cannabis-derived medicines, and clarify that physicians are able to discuss the benefits (and potential risks) of cannabis with patients. It would also allow accredited medical and osteopathic schools, practitioners, research institutions, and manufacturers with a Schedule I registration to cultivate their own cannabis for research purposes.

The WMCG generally supports any legislation that increases opportunities for cannabis research. National groups that have endorsed this bill include the American Academy of Pediatrics, American Medical Association, American Psychological Association and American Society of Addiction Medicine, Americans for Safe Access, Multidisciplinary Association of Psychedelic Studies, and NORML.

You can review the text of this legislation here.

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INTRODUCED The Harnessing Opportunities by Pursuing Expungement (HOPE) Act; introduced 12/2/2021

On December 2, 2021, Reps. Joyce (OH-14), with cosponsor Ocasio Cortez (NY-14), introduced H.R. 6129, which would direct $20 million (over 10 years) to the U.S. Attorney General's office to facilitate nationwide review and expungement of cannabis convictions via State and local appropriation. The WMCG has not yet closely reviewed nor taken a position on this legislation, but is very supportive of local and Statewide expungement efforts.

A copy of the proposed legislation's text is available for review here (PDF).

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Federal legalization is just around the corner, right? Uhh... right? You're on this page- so you recognize how important it is to keep up. As bill after bill is introduced, referred to committee, dies in committee, is reintroduced, is reintroduced with a new name or by a different representative, is shot down in the other chamber...

We kid, we kid... kind of. National legalization or not, the U.S. House, Senate, and Executive agencies are constantly active in regulating and taxing cannabis, its consumers, and its licensed industry. The best way to help the Guild track and share federal legislation and executive orders is to come to a meeting of the Policy & Endorsements Committee. All members (join here) are welcome and encouraged to take part. Note: The Guild's PAC does not participate in federal campaigns or elections.

The committee meets quarterly. Information & meeting calendar

INTRODUCED The CBD Product Safety and Standardization Act; introduced 12/2/2021

On December 2, 2021, Rep. Kathleen Rice (NY-04), supported by Reps. Griffith (VA-09), Craig (MN-02), and Crenshaw (TX-02), introduced a bipartisan bill (HR 6134) that will establish federal standards for CBD food and beverage products. According to Rep. Rice's office, the bill is intended to protect consumers and provide marketplace stability for farmers, producers, and retailers.

Betsy Booren, Ph.D., Senior Vice President, Regulatory and Technical, of the Consumer Brands Association, said about the bill that “74% of consumers incorrectly believe that CBD is federally regulated, stressing the urgency of [this] action." Both the Consumer Brands Association and the U.S. Hemp Roundtable have released statements in support of the bill. The WMCG has not yet closely reviewed nor taken a position on this legislation.

copy of the proposed legislation's text is available for review here (PDF).

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INTRODUCED The States Reform Act (SRA); introduced 11/15/2021

On November 15, 2021, Rep. Nancy Mace (SC-01) introduced the States Reform Act. According to the Cannabis Business Times, the SRA proposes a 3% federal cannabis excise tax and would give state governments the power to regulate cannabis products through health-and-safety oversights of their choosing. But no state would be forced to change its current cannabis policies.

The 3% tax on cannabis products comes with a 10-year moratorium on excise tax increases to ensure “competitive footing” in the market, according to the bill’s text. The tax revenue would fund law enforcement, small businesses and veterans’ mental health initiatives. 

According to Rep. Mace’s office, other highlights from the bill include:

  • No state or local government will be forced to change its current cannabis policies. Federally decriminalizes cannabis from Schedule I and defers to states over prohibition or regulation.
  • Ensures the safe harbor of state medical cannabis programs and patient access while allowing for new medical research and products to be developed.
  • Protects military veterans by ensuring they will not be discriminated against in federal hiring for cannabis use or lose their VA health care benefits.
  • Protects children and young adults under the age of 21 from cannabis products and advertising nationwide. Incentivizes states to make cannabis illegal for anyone under the age of 21, with a medical exception for prescribed use. Provides funding to Substance Abuse and Mental Health Services Administration to ensure protections for minors are being considered
  • Protects medical cannabis for the following uses: arthritis, cancer, chronic pain, sickle cell, HIV/AIDS, PTSD and other medical uses per a state’s specific cannabis regulations.

Read the released draft of the States Reform Act here. It is introduced in the House as HR5977 and has been referred to several committees for review. The bill currently has four cosponsors, including Rep. Peter Meijer from within the West Michigan Cannabis Guild's focus area.You can contact your Representative or Senator about the SRA or other issues important to you: Contact your Legislators.

We'll update this page with the latest status of the bill, and in members-only policy updates. If you're not yet a member, be sure to join today!

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INTRODUCED The MORE Act of 2021; introduced May 28, 2021

The MORE (Marijuana Opportunity Reinvestment and Expungement) Act is a pending federal bill that would decriminalize cannabis nationwide. 

The bill, if adopted as introduced, will:

  • Decriminalize cannabis nationwide. It could continue to still be criminalized in States.
  • Automatically expunge cannabis arrests, charges, and convictions, at no cost to the individual, including retroactively.
  • Add a 5% federal tax to the retail sale of marijuana, which would increase to 8% over three years.
  • Prohibit federal discrimination against people because of cannabis use, including earned benefits or immigrants at risk of deportation.
  • Create an office to oversee the social equity provisions in the law.
  • Help with banking and financial issues associated with the current legal status of cannabis. It could also increase opportunities for research, and spur economic growth.

A previous version of the MORE Act was passed by the U.S. House in late 2020, but did not advance in the Senate. It was reintroduced by Rep. Nadler (NY-10) as House Bill (HB 3617) in May 2021, and the House Judiciary Committee passed it in late September 2021. It is currently cosponsored by 114 other Representatives, including Reps. Kildee, Lawrence, Levin, and Tlaib of Michigan. None of the four federal representatives in the Cannabis Guild's focus area (Huizenga, Meijer, Moolenaar, or Upton) have cosponsored.

The U.S. House once again passed the MORE Act, 220-204 on Friday, April 1, no joke! It will next go to the Senate, where it will face more opposition.

If you want to contact your Representative or Senator about the MORE Act or other issues important to you, you can do so directly, or through the advocacy activities of the Cannabis Guild. Contact your Legislators.

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INTRODUCED The VA Medicinal Cannabis Research Act of 2021; introduced April 30, 2021

Representative Correa (D-CA), with cosponsors Rep. Meijer (R-Grand Rapids), DelBene (D-WA), Kim (D-NJ), and Luria (D-VA), introduced the VA Medicinal Cannabis Research Act (HR2916) in April 2021. The bill, if adopted, will direct the U.S. Secretary of Veterans Affairs to carry out a series of clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder. The bill was most recently considered by the House Committee on Veterans' Affairs in November 2021. This bill is similar to HR2932, The Veteran's Care Act, also co-sponsored by Rep. Meijer, which was introduced in July 2021 and is in committee.

The VA Medicinal Cannabis Research Act's sister bill, S1467, was introduced in the Senate by Sen. Tester of Montana, also in April 2021, with hearings by the Senate Committee on Veterans' Affairs in June 2021.

Neither bill has yet returned to its chamber's floor for a vote. To contact your Representative about this Act or other issues important to you, or do so through the advocacy activities of the West Michigan Cannabis Guild. Contact your Legislators.

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INTRODUCED The SAFE Banking Act of 2021; introduced in Senate March 2021 (passed by House 4/19/2021)

The SAFE (Secure And Fair Enforcement) Banking Act is a pending federal bill that would protect financial institutions like banks and credit unions, so they can more easily bank with and lend to the cannabis industry. Passage of the bill would allow for important social equity benefits by increasing opportunities to banking and financial services.

The SAFE Banking Act of 2021 (HR1996) was introduced in the U.S. House by Rep. Perlmutter (CO-07) in March 2021. It was cosponsored by 180 other Representatives, including 9 from Michigan. Two cosponsors were from within the West Michigan Cannabis Guild's focus area, Peter Meijer (R-Grand Rapids) and Fred Upton (R-St. Joseph). The bill was passed by the House on 4/19/2021, and moved to the Senate. 10 of Michigan's Representatives voted YES, including Meijer and Upton. The other two legislators in the Guild's focus area, Huizenga and Moolenaar, both voted NO.

The bill was reintroduced (S 910) to the Senate by Sens. Merkley and Daines in March 2021 was referred to the Committee on Banking, Housing, and Urban Affairs. It is currently cosponsored by 42 Senators, including Senators Stabenow and Peters of Michigan. 

The SAFE Banking Act was included by the House in its COMPETES Act, a legislative package that if passed will lead to significant investments in research, innovation and American manufacturing. However, on March 31, 2022, the Senate passed a version of the COMPETES Act that does not include the SAFE Banking Act or several other provisions. That bill will now go to a Conference Committee where members of both chambers will negotiate the final language of the bill.

If you want to contact your Representative or Senator about the SAFE Banking Act, the COMPETES Act, or other issues important to you, you can do so directly, or through the advocacy activities of the Cannabis Guild. Contact your Legislators.

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