06.08.18

Sullivan Joins Bipartisan, Bicameral Legislation to Protect States’ Rights to Regulate Marijuana

Washington, D.C. – U.S. Senator Dan Sullivan (R-AK) this week joined a bipartisan group of lawmakers to introduce bicameral legislation to ensure that each state has the right to determine the best approach for regulating marijuana within its borders. The bill, the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act), works to address a number of areas in which state and federal marijuana laws are in conflict, while also containing a number of commonsense guardrails to ensure states, territories, and tribes regulate marijuana safely.

“This issue, particularly as Alaska and others states across the country make the decision to legalize, is one I see as a matter of states’ rights,” said Senator Dan Sullivan. “We’ve come together – lawmakers from both sides of the aisle – to offer a state-based solution to areas where state and federal marijuana laws are in conflict, including issues relating to production, sale, distribution, enforcement and longstanding challenges surrounding banking and the lack of access to financial institutions for marijuana-related businesses. Months ago, I stated that the repeal of the Cole Memorandum could be the impetus necessary for Congress to find a permanent legislative solution to these issues. I believe the STATES Act is that solution; one that provides safeguards and a level of regulatory certainty for marijuana enforcement while also protecting Alaskans and the rights of the State of Alaska.”

The STATES Act, authored by Senators Cory Gardner (R-CO) and Elizabeth Warren (D-MA), would:

  • Amend the Controlled Substances Act (CSA) so that – as long as states and tribes comply with a limited number of basic safeguards – its provisions would no longer apply to any person acting in compliance with State or tribal laws relating to marijuana activities.
  • Clarify that state-compliant financial transactions do not qualify as trafficking and do not result in proceeds of an unlawful transaction.
  • Remove industrial hemp from the list of controlled substances under the CSA.
  • Prohibit the distribution of marijuana at transportation safety facilities such as rest areas and truck stops.
  • Prohibit the distribution or sale of marijuana to persons under the age of 21 other than for medical purposes.
  • The following federal criminal provisions under the CSA continue to apply:
    • Prohibits endangering human life while manufacturing marijuana.
    • Prohibits employment of persons under age 18 in drug operations.

The legislation has been endorsed by organizations including the American Civil Liberties Union (ACLU), Americans for Prosperity, Americans for Safe Access, Americans for Tax Reform, the Brennan Center for Justice, Campaign for Liberty, the Competitive Enterprise Institute, the Cooperative Credit Union Association, the Drug Policy Alliance, the Institute for Liberty, LatinoJustice PRLDEF, the Law Enforcement Action Partnership, the Marijuana Policy Project, the Massachusetts Bankers Association, the Maine Credit Union League, the Mountain West Credit Union Association, the National Cannabis Bar Association, the National Cannabis Industry Association, the National Conference of State Legislatures, the New Federalism Fund, NORML, the Northwest Credit Union Association, R Street, and the Taxpayers Protection Alliance.

A fact sheet about the legislation is available here, and the full bill text is available here.

 

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