In a complete departure from the person he is looking to replace, U.S. Attorney General nominee William Barr said in his Senate testimony Tuesday that he would not use the Department of Justice to go after state-regulated and compliant cannabis businesses.
This is opposite the agenda of former U.S. Attorney General Jeff Sessions, who rescinded the 2013 Cole Memo last year. The Cole Memo, named after former U.S. Deputy Attorney General James Cole, was a directive to U.S. attorneys in all 50 states advising them not to interfere with state legalization efforts and not to prosecute those licensed to engage in the production and sale of cannabis as long as those engaged in cannabis businesses did not sell to minors or divert their products to states that have not legalized its use.
Justin Strekal, political director of the National Organization for the Reform of Marijuana Laws (NORML), said in a release Tuesday: “It is encouraging that William Barr pledged not to enforce federal marijuana prohibition against the majority of US states that have reformed their laws. With this commitment, Congress has a clear mandate to take action and end the underlying policy of federal criminalization. In an era when 47 states have have laws on the books that defy the Schedule 1 status of cannabis, it makes no sense from a political, fiscal, or cultural perspective to try to put this genie back in the bottle.”
Currently, 33 states, the District of Columbia and the U.S. territories of Guam and Puerto Rico have legalized cannabis for medical use. There are 10 states in which adults 21 and over may legally purchase cannabis for recreational use. There are other states that have passed laws which specifically legalize the use of cannabidiol (CBD) oil for therapeutic purposes.
NORML predicts that more states will be on board with cannabis legalization. Vermont legalized adult cannabis use through legislation as opposed to voter initiatives, and NORML believes that Connecticut, New York, New Jersey, Illinois and Rhode Island will follow suit in the near future.
In his State of the State speech Tuesday, New York Gov. Andrew Cuomo (D) called for the legalization of adult-use cannabis.
“Legalize adult-use cannabis,” Cuomo said. “Stop the disproportionate impact on communities of color and let’s create an industry that empowers the poor communities that paid the price and not the rich corporations who come in to make a profit.”
Cuomo wants to legalize cannabis for adults over the age of 21, and he is proposing a plan that includes a 20 percent state tax and two percent county tax on marijuana transfers from wholesalers to retailers, in addition to a $1 per gram tax on dry flower for cultivators, along with a $0.25 per gram tax on trim.
Enabling the cannabis industry to have banking access would clear a huge hurdle and likely clear the way for more states to go through the legalization process. It certainly would make it easy for the people trying to break into the industry the right way.
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