Activist Post
Congressman Jared Polis (D-CO) and Congressman Earl Blumenauer (D-OR) today introduced two pieces of legislation to de-federalize marijuana policy and create a framework for the federal taxation of cannabis. Polis’ Ending Federal Marijuana Prohibition Act would remove the Drug Enforcement Agency’s authority over marijuana and allow states to choose whether to allow marijuana for medicinal or recreational use. Blumenauer’s Marijuana Tax Equity Act would create a federal excise tax on marijuana. Together, these bills would provide a system of regulation and taxation for marijuana in states where it is legal.
“This legislation doesn't force any state to legalize marijuana, but Colorado and the 18 other jurisdictions that have chosen to allow marijuana for medical or recreational use deserve the certainty of knowing that federal agents won’t raid state-legal businesses,” said Polis. “Congress should simply allow states to regulate marijuana as they see fit and stop wasting federal tax dollars on the failed drug war.”
“We are in the process of a dramatic shift in the marijuana policy landscape,” said Blumenauer. “Public attitude, state law, and established practices are all creating irreconcilable difficulties for public officials at every level of government. We want the federal government to be a responsible partner with the rest of the universe of marijuana interests while we address what federal policy should be regarding drug taxation, classification, and legality.”
The Ending Federal Marijuana Prohibition Act follows Colorado’s model of regulating marijuana like alcohol by:
States could choose to continue to prohibit marijuana production or use in their states and it would remain illegal to transport marijuana to a state where it is prohibited.
The Marijuana Tax Equity Act would create the following framework:
The congressmen have also co-authored a new report “The Path Forward: Rethinking Federal Marijuana Policy.” The document reviews the history of marijuana prohibition in the U.S., current conflicts between state and federal law, and outlines several opportunities to reform and clarify marijuana law at the federal level.
February 5 - Members of Congress introduced bills Tuesday to end marijuana prohibition and start regulating and taxing marijuana like alcohol at the federal level.
Rep. Jared Polis (D-CO) introduced the Ending Federal Marijuana Prohibition Act of 2013, which would remove marijuana from Schedule I of the Controlled Substances Act and establish a system in which marijuana is regulated similarly to alcohol at the federal level. It would also remove marijuana from the jurisdiction of the Drug Enforcement Administration (DEA) and place it in the jurisdiction of a renamed Bureau of Alcohol, Tobacco, Marijuana, Firearms, and Explosives.
Rep. Earl Blumenauer (D-OR) introduced the Marijuana Tax Equity Act, which would create a federal excise tax on the sale of marijuana similar to that imposed on the sale of alcohol. It would also require occupational taxes for those engaged in the industry.
“Marijuana prohibition has proven to be just as ineffective, wasteful, and problematic as alcohol prohibition,” said Steve Fox, director of government relations for the Marijuana Policy Project. “Regulating and taxing marijuana like alcohol will take marijuana sales away from cartels and the criminal market and put them in the hands of legitimate, tax-paying businesses.”
“Voters and elected officials nationwide are fed up with laws that criminalize adults simply for using a product that is objectively less harmful than alcohol,” Fox said.
In November, voters in Colorado and Washington State approved measures making marijuana legal for adults 21 and older and directing state regulatory bodies to create regulations for businesses to cultivate and sell marijuana to adults. Bills to regulate and tax marijuana like alcohol have been introduced this year in the Hawaii and New Hampshire state legislatures, and lawmakers in Maine, Massachusetts, Rhode Island, and Vermont are expected to bring forward similar legislation.
A record high 58% of Americans think marijuana should be made legal, according to a survey conducted by Public Policy Polling from Nov. 30 to Dec. 2 of last year. A USA Today/Gallup poll released in December found that 63% of Americans believe the federal government should not interfere in the implementation of state marijuana laws such as those approved in Washington and Colorado.
In light of the growing momentum behind efforts to regulate marijuana like alcohol at the state and federal levels, the nation’s largest marijuana-policy-reform organization, the Marijuana Policy Project, has changed the name of its federal political action committee from the “MPP Medical Marijuana PAC” to the “Marijuana Policy Project PAC.”
“The re-naming of our PAC reflects the new reality in Washington, D.C.,” Fox said. “Following the passage of the initiatives to regulate marijuana similarly to alcohol in Colorado and Washington last November, there is finally significant momentum in Congress behind ending marijuana prohibition across the board at the federal level.”
“The introduction of the two new bills this week is evidence of this philosophical shift,” Fox said. “While we are obviously still committed to protecting medical marijuana patients and providers, our PAC's new name reflects our broader mission in Congress. The end of marijuana prohibition is coming, and we plan to support elected officials and candidates who favor the repeal of this unfair, irrational, and wasteful policy.”
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