Today, Senator Cory Gardner (R-CO) introduced an amendment to the First Step Act that, if adopted, would ensure that each state has the right to determine for itself the best approach to marijuana within its borders. The bill also extends these protections to Washington D.C, U.S. territories, and federally recognized tribes, and contains common-sense guardrails to ensure that states, territories, and tribes regulating marijuana do so safely.
“Saturday marked the 227th anniversary of the ratification of the 10th Amendment to the Constitution. It says that ‘[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’ I can think of no better way to honor that milestone than to pass the bipartisan STATES Act, and I can think of no better legislation to attach the STATES Act to than the First Step Act,” said Senator Gardner. “While we are debating criminal justice reform, we need to address the threat of prosecution by the federal government for people in Colorado that are operating legal businesses under state law. And it’s not just Colorado: 47 states now allow some form of legalized cannabis. This year Oklahoma, Utah, and Missouri changed their laws to join 30 other states that allow medical marijuana. Recent polls show around 65% of the country support legalization and 93% support medical marijuana. The people are speaking. The states are leading. It’s time for Congress to act to protect states’ rights. I call on my colleagues on both sides of the aisle to take up and pass this important amendment today.”
The Amendment mirrors the language of the bipartisan STATES Act Gardner introduced with Sen. Elizabeth Warren (D-MA) in June and would:
- Amends the Controlled Substances Act (CSA) so that – as long as states and tribes comply with a few basic protections – its provisions no longer apply to any person acting in compliance with State or tribal laws relating to marijuana activities.
- Clearly states that compliant transactions are not trafficking and do not result in proceeds of an unlawful transaction.
- 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.
- Prohibits the distribution of marijuana at transportation safety facilities such as rest areas and truck stops.
- Prohibits the distribution or sale of marijuana to persons under the age of 21 other than for medical purposes.