Bill to Protect States’ Marijuana Policies Reintroduced in Congress

United States Senators Elizabeth Warren (D-Mass.) and Cory Gardner (R-Colo.) have reintroduced the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act) to “ensure that each state has the right to determine for itself the best approach to marijuana within its borders.” U.S. Representatives Earl Blumenauer (D-Ore.) and David Joyce (R-Ohio) have reintroduced the bill in the House. The legislation also extends these protections to Washington D.C., U.S. territories, and federally recognized tribal nations.

Also cosponsoring the bill are Senators Michael Bennet (D-Colo.), Catherine Cortez Masto (D-N.M.), Kevin Cramer (R-N.D.), Amy Klobuchar (D-Minn.), Lisa Murkowski (R-Alaska), Rand Paul (R-Ky.), Dan Sullivan (R-Alaska), and Ron Wyden (D-Ore.).

Forty-seven states have laws permitting marijuana or marijuana-based products, and Washington D.C., Puerto Rico, Guam, and a number of tribal nations have similar laws. Last year alone, Michigan, Missouri, Oklahoma, Utah, and Vermont all expanded legal access to marijuana. As states began developing their own approaches to marijuana enforcement, the Department of Justice issued guidance to support these state actions and focus law enforcement resources more effectively. However, this guidance was withdrawn in 2018, “causing legal uncertainty, threatening public health and safety, and undermining the states’ regulatory regimes,” a statement from Sen. Warren read.

The STATES Act:

• Amends the Controlled Substances Act (21 U.S.C. § 801) (CSA) so that — as long as states and tribal nations comply with a few basic protections — its provisions no longer apply to any person acting in compliance with State or tribal laws relating to the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana.
• Continues to apply the following federal criminal provisions under the CSA by prohibiting:
  • Endangerment of human life while manufacturing a controlled substance; and
  • Employment of persons under age 18 in marijuana operations.
• Prohibits the distribution of marijuana at transportation safety facilities such as rest areas and truck stops.
• Bars the distribution or sale of marijuana to persons under the age of 21 other than for medical purposes.
• Instructs the Government Accountability Office to conduct a study on the effects of marijuana legalization on traffic safety, including whether states are able to accurately evaluate marijuana impairment, testing standards used by these states, and a detailed assessment of traffic incidents.
• Addresses financial issues caused by federal prohibition by clearly stating that compliant transactions are not trafficking and do not result in proceeds of an unlawful transaction.

The STATES Act was first introduced in 2018 in the Senate by Senators Warren and Gardner and in the House by Representatives Joyce and Blumenauer.