Joyce, Miller, Titus Reintroduce Bipartisan Legislation to Protect States’ Rights
WASHINGTON, DC – Today, Representatives Dave Joyce (OH-14), Max Miller (OH-07), and Dina Titus (NV-01) reintroduced the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act to ensure that each State has the right to determine for itself the best approach to cannabis within its borders. This legislation also extends these protections to Washington D.C., U.S. territories, and federally recognized tribal nations.
Nearly all 50 states have laws permitting to some degree cannabis or cannabis-based products, and Washington D.C., Puerto Rico, Guam, and a number of tribal nations have enacted similar laws. However, federal guidance is often in contradiction and lacking proper regulatory support and safety oversight…
The STATES 2.0 Act:
- Amends the Controlled Substances Act (21 U.S.C. § 801) (CSA) to respect the will of each state and no longer classify marijuana as a substance covered by the CSA, that is manufactured, produced, possessed, distributed, dispensed, administrated, or delivered in compliance with State and Tribal law, while also ensuring states that opt to maintain prohibition receive federal support and assistance for this enforcement.
- Continues to apply the following federal criminal provisions under the CSA by prohibiting:
- Distribution of marijuana to anyone under the age of 21; and
- Employment of persons under age 18 in marijuana operations.
- Regulates marijuana products through the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Food and Drug Administration (FDA) by outlining that the FDA should classify marijuana products as they fall into specific categories, such as drug, food and dietary supplements, or cosmetics, to ensure products meet the standards for contaminant testing, manufacturing expectations, and marketing practices.
- 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 Comptroller General of the United States 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. Additionally, conduct in compliance with the STATES 2.0 Act shall not be subject to section 280E of the Internal Revenue code relating to expenditures and revenue in connection with the sale of illegal drugs…
“The R Street Institute is thrilled to support the reintroduction of the STATES 2.0 Act which is a true example that bipartisan legislating still exists in our nation’s capital. This legislation is a good free market approach to cannabis reform, and it will be key to add essential safeguards to the cannabis industry with provisions that ensure youth safety, consumer safety, and public safety. 53 percent of Americans live in a state with a legalized cannabis market, but without federal action these states face barriers with the federal government to combat illicit markets, assist with consumer safety standards, and provide essential banking services. This bill will address and fix those long festering issues across these legalized jurisdictions. Lastly, law enforcement agencies across the country will get the resources they need to properly enforce the laws of their state. For these reasons, we believe the passage of the STATES 2.0 Act is imperative and needs to be given proper consideration by this Congress. We applaud Rep. Joyce for his unwavering leadership on this issue, and we encourage more of his colleagues to join his effort,” said Anthony Lamorena, Senior Manager of Federal Affairs at the R Street Institute…
Read the full text of the bill here.