Showing posts with label STATES Act. Show all posts
Showing posts with label STATES Act. Show all posts

Sunday, June 10, 2018

Why the STATES Act Doesn't Go Far Enough

As far as the prospect of cannabis legalization at the federal level in the USA is concerned, there seems to be both good news and bad news.

The good news is that there is a bill in Congress with strong bipartisan support, known as the STATES Act, that would effectively make it so the federal Controlled Substances Act would no longer apply to cannabis when used, possessed, produced, transported, distributed, or sold in compliance with state laws.  This will be a real game-changer and would essentially put an end to the legal limbo that state-level legalization has been in with respect to federal law (as cannabis has heretofore remained illegal at the federal level as a Schedule I controlled substance).   Cannabusinesses would no longer be in danger of the feds, and would be able to use the banking system just like any other legitimate business. And Trump has said that he is likely to sign it into law. (Even a stopped clock is right twice a day.)

The bad news is that the STATES Act does not go far enough.  First of all, it does not actually remove cannabis from the Controlled Substances Act, or even remove it from the most restrictive category of Schedule I.  Also, the bill leaves some federal restrictions of the CSA intact, most notably the section prohibiting selling or distributing cannabis to people under 21, even if it did comply with state law (except for medical use, which the bill interestingly does not actually define).  While no legalization state currently has an age limit below 21 for recreational use, if any state did lower it below 21 for recreational use, any vendor who sells to people under 21 would thus still technically be breaking federal law.  Ditto for anyone who hires anyone under 18 to work with cannabis in any capacity, sells at truck stops or rest areas, and a few other things as well. 

There are indeed better bills that have been introduced in Congress that do not have these flaws, most notably the Marijuana Justice Act.   That bill removes cannabis from the Controlled Substances Act entirely, expunges federal cannabis convictions, sets up a community reinvestment fund, and would also help to tackle racial and class disparities in state-level cannabis arrests.  Another bill by Senator Chuck Schumer would simply remove cannabis from the list of controlled substances and otherwise leave it up to the states.   Twenty-One Debunked would clearly much rather those kinds of bills get passed, especially the first one.  But in the interim, we will grudgingly support the STATES Act until we can get the Marijuana Justice Act or a similar bill passed, as federal legalization is LONG overdue.