Midsummer Movement: The Pre-August Recess Rush in D.C.

By Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations

As Congress gets ready to beat the D.C. heat and leave Washington for their annual August recess, there’s at least one thing on their minds: cannabis.

Last week, Senate Majority Leader Chuck Schumer (D-NY) along with Finance Committee Chair Ron Wyden (D-OR), and Sen. Cory Booker (D-NJ) introduced their much anticipated Cannabis Administration and Opportunity Act (CAOA), which is now the Senate’s only pending legislation that would provide comprehensive cannabis policy reforms across the nation.

The landmark bill would remove cannabis from the federal Controlled Substances Act and move regulatory responsibility from the Drug Enforcement Administration (DEA) to the Alcohol and Tobacco Tax and Trade Bureau (TTB), the Food and Drug Administration (FDA), and other agencies to protect public health and safety. The bill would also institute a federal excise tax of 5-25% on cannabis on top of the already-hefty state taxes imposed on the industry, concerning advocates for small cannabis businesses and equity operators.

The long-awaited CAOA was introduced after sponsors circulated a discussion draft last year. NCIA and other advocacy organizations provided comprehensive feedback to the bill’s authors last year. Notable changes to the legislation include:

Increases the permissible THC by dry weight from the current 0.3 percent to 0.7 percent and refines the definition of “hemp,” and consequently “cannabis” by taking into account the total THC in a cannabis product, rather than just delta-9 THC.
Changes to the weight quantity to qualify a person for felony cannabis distribution or possession charge under the section from 10 pounds to 20 pounds.
Provides that a court shall automatically, after a sentencing review, expunge each federal cannabis conviction, vacate any remaining sentence, and resentence the defendant as if this law had been in place prior to the original sentencing.
Enables a noncitizen who has received a deportation order based on a cannabis-related offense to file a motion to reconsider that decision. If the motion to reconsider is filed within 30 days of the removal order, the motion may allow for the cancellation of the deportation order.
Establishes a new 10-year intermediary lending pilot program in which SBA would make direct loans to eligible intermediaries that in turn make small business loans to startups, businesses owned by individuals adversely impacted by the war on drugs, and socially and economically disadvantaged small businesses.
Removes the requirement to maintain a bond for any cannabis business that had less than $100,000 in excise tax liability in the prior year and reasonably expects excise tax liability in the current year to be below such amount.
Incorporates rules similar to rules currently applicable to permitted malt beverage producers and wholesalers.

While the historic nature of the CAOA cannot be understated, the bill has a multitude of challenges ahead of it. Not all Senate Democrats support the legislation, making the 60-vote filibuster threshold nearly impossible. Plus, with only a couple dozen legislative days between now and the end of the session, time is also working against advocates.

Dovetailing with the introduction of the CAOA, the Senate Judiciary Committee’s Subcommittee on Criminal Justice and Counterterrorism will hold a hearing titled “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms” this Tuesday. While the witness list has not been made public as of publication, expect the hearing to focus on the newly introduced legislation and how it would affect communities most impacted by the war on drugs.

In other news, the House and Senate will vote on a revised research bill, the Cannabidiol and Marihuana Research Expansion Act, this week. The bill is expected to pass both chambers and be sent to President Biden’s desk for his signature. The Senate bill is sponsored by Sens. Dianne Feinstein (D-CA), Chuck Grassley (R-IA), and Brian Schatz (D-HI) and passed by unanimous consent in March. The House bill is sponsored by Reps. Earl Blumenauer (D-OR) and Andy Harris (R-MD), and passed 343-75 in April. One of the notable areas of compromise? The House bill would have allowed researchers to do their studies on cannabis that’s actually being sold to consumers in dispensaries. That was removed during negotiations, meaning that researchers will still have to obtain their cannabis from the University of Mississippi’s cultivation facility.

There’s still time before recess begins, so make sure you stay tuned to NCIA’s podcast, social media, and newsletter to stay up-to-date on all the latest from Washington, D.C.! Interested in making more of an impact? Don’t forget to register for our upcoming 10th Annual Cannabis Industry Lobby Days on September 13-14, 2022!

Making History In Congress, Thanks To NCIA Members!

by Aaron Smith, NCIA’s CEO and Co-founder

History was made today as Senate Majority Leader Chuck Schumer (D-NY) along with Senators Ron Wyden (D-OR) and Cory Booker (D-NJ) introduced the Cannabis Administration and Opportunity Act which would finally remove cannabis from the federal Controlled Substances Act and begin the process of federal regulation.

For the last year, NCIA has been working behind the scenes to ensure this landmark legislation not only ends prohibition but also creates an environment where small and medium-sized businesses can thrive under national legalization. These businesses – who we now call “Main Street Cannabis” – are the heart of our industry and we’re proud to have been giving them a seat at the table in our nation’s halls of power for over 12 years.

We will continue working with our allies in the Senate to advance this bill and advocate for some necessary amendments to better ensure that small, equity, and women-owned businesses (in particular) are well-positioned to thrive after the end of federal prohibition.

We would not be where we are today if not for your support which has allowed us to effectively represent the interests of small businesses like yours in the halls of Congress and in the court of national public opinion.

I hope you’ll join us in making national legalization a reality by making your voice heard at our upcoming 10th Annual Cannabis Industry Lobby Days in Washington, D.C. September 13 & 14!

Thanks to your membership, NCIA’s government relations staff represents Main Street Cannabis in D.C. every day but Lobby Days is your chance to show up and tell your unique story to our nation’s lawmakers, firsthand.

Lobby Days is also the best opportunity to connect with your fellow industry leaders who are truly invested in the future of cannabis and sensible national policy. Please register today so you don’t miss out on making history with us! Reach out to my colleague Madeline Grant to learn more about how you can be as impactful as possible at this year’s Lobby Days.

Thanks, as always, to all NCIA members for their support of the cannabis industry. If your company is not yet a member of NCIA, now’s the time to join and have your voice heard in the halls of Congress.

Watch this video update with Aaron Smith and Michelle Rutter Friberg:

NCIA Member Benefits: Advocacy, Education, and Community

by Madeline Grant, NCIA’s Government Relations Manager

Over the last year, NCIA’s Membership Department has dedicated a lot of time to revamp our membership tiers and benefits to ensure the best value for our members. We gathered feedback from members, conducted market research, and learned what value cannabis businesses sought in this fast-growing industry. I want to spend a little time today going through your benefits to be sure you are utilizing them to the fullest. As we represent the cannabis industry as a whole, we made sure there was a tier that could represent every cannabis company, small or big. Our three tiers are Seedling, Blooming, and Evergreen. To offer an array of benefits for your business, NCIA has three main buckets of benefits; networking & education, marketing & business resources, and policy & advocacy. Let’s take some time to go over all three.

Networking & Education

NCIA offers the opportunity to network and meet other cannabis professionals in the industry. It’s our job to provide events and tangible platforms so our members can grow their networks and businesses. Through our networking platform, NCIA Connect, we offer an exclusive online community to chat daily with other cannabis professionals. Here you can post questions, provide resources, share articles and utilize the platform to build relationships across the country. As an NCIA member, you are eligible to apply to speak at any NCIA virtual or in-person event. Depending on what tier you join you receive a certain amount of complimentary admissions to our trade shows and regional events, which you can check out here. As you move up to our Evergreen tier, there is the opportunity to attend exclusive VIP networking events, private meet-and-greets with celebrity keynote speakers, and a guaranteed seat on one of NCIA’s committees.

Marketing & Business Resources

As a cannabis business, it is important to have access to resources, especially as the industry is rapidly growing. Through membership, we offer discounts for Simplifya SmartCabinet compliance software, discounts on NCIA’s digital marketing and event sponsorship, a listing with a link to your company’s website in the online member directory, and access to BDSA Greenedge market intelligence platform. Through our digital platforms, we offer the ability to submit educational content to NCIA’s Industry Insights blog or post news about your business on our website and the eligibility to apply to be a guest on NCIA’s top-rated Cannabis Industry Voice and Cannabis Minority Report podcast. As we move into the Blooming and Evergreen membership levels, we offer company logo impressions and links posted to all NCIA social media platforms with over 200K total followers and featured in our newsletter sent to 40K e-mail subscribers annually. Our benefits offer great marketing opportunities to network and grow your business.

Policy & Advocacy

With momentum building across the country as more and more states are legalizing every year, we are simultaneously seeing more policy movement in Washington, D.C. It is more important now than ever to support cannabis policy on Capitol Hill. As a member of NCIA, your dues are directly supporting our ability to lobby and advocate for an industry we can be proud of while investing in the cannabis industry’s national policy agenda. All NCIA members have the opportunity to come out to our Annual Cannabis Industry Lobby Days (which is the best event to attend in my opinion). In D.C., you’ll meet with congressional offices and discuss the challenges you face as a business owner and meet other NCIA members from around the country. As a member at our highest tier, Evergreen, companies have private monthly updates with our Government Relations team, private briefings with key congressional offices, the opportunity to provide input on NCIA’s policy white papers, and direct access to NCIA’s registered lobbyist in D.C. Our support from the Evergreen tier allows us to allocate more resources to meet our goals on Capitol Hill, therefore, allowing us to continue to be as influential as possible.

Speaking of policy on Capitol Hill…

Just last month, Majority Leader Chuck Schumer (D-NY), along with Sen. Cory Booker (D-NJ) and Senate Finance Committee Chair Ron Wyden (D-OR), unveiled long-awaited draft legislation that would remove cannabis from the schedule of controlled substances while allowing states to determine their own cannabis policies.

This legislation called the Cannabis Administration and Opportunity Act (CAOA), is actually a discussion draft and has not been formally introduced (yet). If you’re interested in learning more about the bill and seeing the text, check this blog out.

But now, we need your help! As a discussion draft, we have the ability to weigh in on the CAOA’s proposed language and provide our feedback as an association. As members of NCIA, your input and expertise are essential and critical to us as we prepare our submission. Your submissions will be reviewed by NCIA and incorporated into the feedback our team is simultaneously compiling.

Use this form to send our government relations team your thoughts! I can’t wait to hear from you.

Overview

It’s important to understand and utilize all of your benefits as an NCIA member. If you ever want a quick refresh on your benefits please check out the membership matrix found here. Of course, if you have any questions please feel free to email me at Madeline@TheCannabisIndustry.org. I’d love the opportunity to hear from you!

Video: NCIA Today – July 23, 2021

Video: NCIA Today – July 16, 2021

NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. This week Bethany is joined by NCIA’s GR team in Washington D.C. to discuss the Cannabis Administration and Opportunity Act discussion draft introduced by Senate Majority Leader Chuck Schumer. Join us every Friday on Facebook for NCIA Today Live. Registration to our Midwest Cannabis Business Conference in Detroit is now open with special limited-time super early bird pricing on tickets available, head to www.MidwestCannabisBusinessConference.com today.

Senate Opens Doors to Federal Legalization

At long last, the day we’ve been waiting for all year has finally come! Early Wednesday morning, Senate Majority Leader Chuck Schumer (D-NY) and Sens. Cory Booker (D-NJ) and Ron Wyden (D-OR) released the discussion draft language for a comprehensive bill that would effectively make cannabis legal at the federal level while allowing states to continue to determine their own cannabis policies and work to repair the harms caused by prohibition.

While it has yet to be formally introduced in the Senate (stay tuned!), this draft legislation is designed to jumpstart bipartisan negotiations that have been building momentum in Congress since the first states chose to regulate cannabis for adults, and which came to the forefront in the wake of last year’s renewed focus on criminal justice reform and the House passage of the MORE Act at the end of the last congressional session.

You can find a summary of the language here and the full draft here.

NCIA will be carefully reviewing the details of this proposed legislation in the coming days and will be actively eliciting feedback from our members, allies, and especially our Evergreen members, Policy Council, and committees to determine what – if any – changes need to be made before the bill is introduced. Our dedicated in-house government relations team will also be working closely with lawmakers to find an effective path forward for comprehensive cannabis policy reform that helps to undo the disastrous impacts of our current federal laws in the immediate future.

Senate leadership will be taking comments and suggestions until September 1. If you would like to add your input, please contact Deputy Director of Government Relations Michelle Rutter Friberg at Michelle@TheCannabisIndustry.org.

Senate Confirmation Hearings: Cannabis Edition

by Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations

You may have seen this week that there were a number of Senate confirmation hearings, and cannabis was a topic of discussion in some! But what are confirmation hearings, and what happened in them this week?

In Article II, Section 2, Clause 2 of the Constitution is the Appointments Clause, which empowers the President to nominate and, with the advice and consent of the Senate, appoint public officials. In layman’s terms, advice and consent essentially means confirmation.

As of publication, cannabis was brought up before two nominees this week: Attorney General nominee Merrick Garland, and Deputy Secretary of Treasury nominee, Adewale Adeyamo.

On Monday, President Biden’s nominee for Attorney General, Merrick Garland, appeared before the Senate Judiciary Committee. Before this, Garland’s position on cannabis was relatively unknown — he had ruled in a 2012 federal lawsuit case over DEA’s denial of a marijuana rescheduling petition and was one of three judges in the U.S. Court of Appeals for the District of Columbia Circuit panel that upheld the denial.

However, Garland’s position on cannabis became more clear this week — at least in how he views the Department of Justice’s role in enforcement and arrest disparities. While before the Senate Judiciary Committee on Monday, Garland was asked about marijuana arrest disparities by notorious cannabis champion Sen. Cory Booker (D-NJ). Sen. Booker asked:

“One big thing driving arrests in our country is marijuana arrests. We had in 2019 more marijuana arrests for possession then all violent crime arrests combined. When you break out that data and segregate along racial lines it’s shocking that an African-American has no difference in usage or selling than someone who is white in America, but their likelihood of being arrested for doing things that two of the last four presidents admitted to doing is three to four times higher than somebody white. Is that evidence that within the system there is implicit racial bias, yes or no?”

Garland responded: “It is definitely evidence of disparate treatment within the system, which I think does arise out of implicit bias. Unconscious bias may be, sometimes conscious bias.”

As Sen. Booker continued to question Garland about bias in the criminal justice system, Garland proactively brought marijuana back up, saying:

“The marijuana example is a perfect example. Here is a nonviolent crime that does not require us to incarcerate people and we are incarcerating at significantly different rates in different communities. That is wrong and it’s the kind of problem that will then follow a person for the rest of their lives. It will make it impossible to get for — to get a job and will lead to a downward economic spiral.”

Garland later continued:

“We can focus our attention on violent crimes and other crimes that put great danger in our society and not allocate our resources to something like marijuana possession. We can look at our charging policies and stop charging the highest possible offense with the highest possible sentence.”

But that wasn’t the only time the likely-soon-to-be Attorney General talked about cannabis. Freshman Senator Jon Ossoff (D-GA) asked Garland about equal justice, and highlighted the fact that “Black Americans continue to endure profiling, harassment, brutality, discrimination in policing and prosecution, sentencing, and incarceration.” While responding as to how his Justice Department would combat this, Garland said:

“One important way I think is to focus on the crimes that really matter, to bring our charging and arresting on violent crime and others that deeply affect our society. And not have such an overemphasis on marijuana possession, for example, which has disproportionately affected communities of color and damaged them far after the original arrest because of the inability to get jobs.”

During the “lightning round” of questions, Sen. Booker brought cannabis up again — this time, about enforcement and the now-rescinded Cole Memo. The Senator asked Garland, “Do you think the guidance in the Cole Memorandum should be reinstated, that the Justice Department respects states’ decisions?” Garland responded:

“I do remember it and I have read it. This is the question or prioritization about resources and prosecutorial discretion. It does not seem to me a useful use of limited resources that we have to be pursuing prosecutions in states that have legalized and are regulating the use of marijuana either medically or otherwise. I don’t think that is a useful use.”

This was, without a doubt, the most “cannabis positive” response from an Attorney General nominee in history! But the Judiciary Committee wasn’t the only one curious about cannabis this week!

Next, we move to the Senate Finance Committee, where Deputy Secretary of the Treasury nominee Adewale Adeyamo was being questioned Tuesday. During this hearing, Sen. Catherine Cortez Masto (D-NV) asked, “Do you believe Treasury should seek to update FinCEN’s 2014 guidance on the Bank Secrecy Act’s expectations for financial institutions that provide services to cannabis related industries, and if so, what changes do you recommend?” Adeyamo responded:

“Senator, I look forward, if confirmed, to talking to my colleagues at Treasury about this important issue and thinking through what changes may be needed and doing this in a way that’s consistent with the agency and the President’s guidance. In doing that I look forward to consulting with you and members of this Committee on our path forward.”

To be blunt, this is a really big deal! These questions show that the upper chamber of Congress is taking cannabis policy seriously, and expects the topic to be taken up by various agencies over the next four years. You can continue to count on the NCIA team to keep you updated, advocate on your behalf, and work with Congress and the Biden Administration to create a flourishing, responsible, diverse, and equitable cannabis industry.

New Bills: Marijuana Justice Act, REFER Act, and RESPECT Resolution

by Michelle Rutter, NCIA’s Government Relations Manager

Last week, multiple pieces of legislation and one resolution were introduced to address social equity, diversity, and fairness in the cannabis industry.

The Marijuana Justice Act was introduced in both the House and the Senate by Cannabis Caucus Co-Chair Rep. Barbara Lee (D-CA) and 2020 presidential-hopeful Sen. Cory Booker (D-NJ), respectively. Last session, the House version garnered 43 cosponsors, while the Senate had six in the last session. It is currently the most far-reaching and comprehensive cannabis policy reform legislation being considered in Congress.

The Marijuana Justice act would not only remove cannabis from the Controlled Substances Act schedule and eliminate federal criminal penalties for its possession, cultivation, manufacture, import, and export, but also includes several provisions to address the historically discriminatory enforcement of cannabis laws and sentencing. All federal cannabis use or possession convictions would be expunged under the measure, and a special grant program would be created through the Department of Housing and Urban Development to reinvest in communities that have been most impacted by prohibition. It would also allow Congress to withhold federal funds from states that exhibit racially disproportionate arrest and incarceration rates under their own cannabis laws.

In addition to this bicameral piece of legislation, Rep. Lee also introduced the Restraining Excessive Federal Enforcement & Regulations of Cannabis (REFER) Act in the House. The REFER Act “prohibits the use of funds made available by Congress to a federal department or agency” to intervene in state-legal cannabis programs or penalize financial institutions that service the cannabis industry.

Rep. Lee also introduced the Realizing Equitable & Sustainable Participation in Emerging Cannabis Trades (RESPECT) Resolution, which recognizes that the people most harmed by the racially disparate enforcement of prohibition benefit the least from some of the state and local policies regulating the cannabis market. The resolution urges officials and lawmakers to implement a series of practices when granting licenses for legal cannabis businesses to improve access for these communities to the nascent industry, such as minimal application and license fees, no caps on the number of licenses, increased local control of the licensing process, and removing broad felony and cannabis convictions as automatic disqualifiers for participation.

NCIA is proud to include the Marijuana Justice Act as one of our priority pieces of legislation, and we look forward to working with members of Congress to build support for the bill.

If you’re interested in lobbying in support of this bill, or any others, make sure you register for NCIA’s 9th Annual Cannabis Industry Lobby Days in Washington, D.C. on May 21-23 so that you can tell congressional offices your personal story. There’s strength in numbers, and we can’t do it without you!

The Push for Equity in the Cannabis Industry

by NCIA Editorial Staff

It’s no secret that the cannabis industry still has much work to do in terms of building a diverse, equitable, and inclusive workforce. But what barriers stand in the way, and how can we overcome them?

According to the ACLU, cannabis use is roughly equal among African-Americans and whites, yet African-Americans are nearly four times more likely to be arrested for possession of the substance. Higher arrest and incarceration rates for these communities are not reflective of increased prevalence of drug use, but rather of law enforcement’s disparate focus on urban areas, lower income communities, and communities of color.

People of color are unequivocally and disproportionately affected by the prohibition of cannabis — so, what happens when a state decides to end prohibition?

Many states that have chosen to tax and regulate cannabis have included provisions in those laws that prohibit individuals with any prior convictions from working in a licensed cannabis company. Not only that, according to the Minority Cannabis Business Association, “heavy regulation, the high cost of entry, and information gaps hinder minorities from entering the industry as owners, employees, and patients & consumers”.

Not all states have taken that route, however. Massachusetts state law requires the Cannabis Control Commission to promote full participation in the industry by people disproportionately harmed by marijuana prohibition and enforcement. The goals of Massachusetts’ social equity program include reducing barriers to entry to the adult-use cannabis industry and providing technical services and mentoring to individuals facing barriers.

Action is also being taken at the local level. In January, the District Attorney’s office in San Francisco announced that they would be retroactively applying Proposition 64, which legalized the possession and recreational use of cannabis for adults ages 21 years or older, to misdemeanor and felony convictions dating back to 1975.

The important message of social equity, diversity, and inclusion in the cannabis industry has also reached the halls of Congress. A year ago, Sen. Cory Booker (D-NJ) introduced S. 1689: The Marijuana Justice Act, which was the first piece of federal legislation to ever order federal courts to expunge cannabis convictions and actually punish states that have racially disproportionate arrest rates or disproportionate incarceration rates for marijuana offenses.

Just last week, Senate Minority Leader Chuck Schumer (D-NY) introduced the Marijuana Freedom and Opportunity Act, which creates a dedicated funding stream for women and minority-owned cannabis businesses that will be funded by revenue generated by the industry and directly linked to the industry’s growth. Not only that, the bill provides $100 million in grant funding to encourage state and local governments to develop, enhance or expand expungement or sealing programs for individuals convicted of marijuana possession.

In addition to these pieces of legislation, there have also been resolutions filed that address these disparities. In June, Congresswoman Barbara Lee (D-CA) introduced the Realizing Equitable & Sustainable Participation in Emerging Cannabis Trades (RESPECT) Resolution, which encourages equity in the cannabis industry. The resolution urges state and local leaders to implement a series of practices when granting licenses for legal cannabis businesses to improve access for communities of color to the nascent industry, such as minimal application and license fees, no caps on the number of licenses, increased local control of the licensing process, and removing broad felony and cannabis convictions as automatic disqualifiers for participation. NCIA was proud to endorse this resolution and looks forward to advocating for its passage.

There’s still an incredibly long way to go before we have a cannabis industry that’s as diverse and rich as the cannabis community as a whole. Here at NCIA, we know the task of representing the legal and legitimate cannabis industry is more than just advocating for the biggest or richest companies — we’re also here to advocate for diversity, inclusion, and equity in this industry that we are all building together.

The 5 Critical Pieces of Cannabis Legislation You Need to Know About

by Michelle Rutter, Government Relations Coordinator

As the cannabis industry has continued to thrive and expand, the number of bills in Congress dealing with the issue has done the same. Between the House of Representatives and the Senate, there are well over a dozen bills that address the conflicts between state and federal cannabis policy. NCIA’s lobbying efforts focus primarily on banking access and the unfair taxation caused by Section 280E, but we also advocate for other bills that are crucial for the industry. Below are my choices for “The 5 Critical Pieces of Cannabis Legislation You Need to Know About”:

BANKING
H.R.2076: Marijuana Businesses Access to Banking Act of 2015
Introduced by: Rep. Ed Perlmutter (D-CO, 7th District)
Last Action: Referred to House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on June 1, 2015.
Summary: This bill would provide a safe harbor for depository institutions providing financial services to a cannabis-related business insofar as it prohibits a federal banking regulator from: (1) terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services.

S.1726: Marijuana Businesses Access to Banking Act of 2015
Introduced by: Sen. Jeff Merkley (D-OR)
Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs on July 9, 2015.
Summary: Although the House and Senate cannabis banking bills are companions, the bill introduced by Sen. Merkley is slightly more detailed in its language.

The Senate bill would prevent federal banking regulators from: prohibiting, penalizing or discouraging a bank from providing financial services to a legitimate state-sanctioned and regulated marijuana business; terminating or limiting a bank’s federal deposit insurance solely because the bank is providing services to a state-sanctioned marijuana business; recommending or incentivizing a bank to halt or downgrade providing any kind of banking services to these businesses; or taking any action on a loan to an owner or operator of a marijuana-related business.

The bill also creates a safe harbor from criminal prosecution and liability and asset forfeiture for banks and their officers and employees who provide financial services to legitimate, state-sanctioned marijuana businesses, while maintaining banks’ right to choose not to offer those services. It would also require banks to comply with current Financial Crimes Enforcement Network (FinCEN) guidance, while at the same time allowing FinCEN guidance to be streamlined over time as states and the federal government adapt to legalized medicinal and recreational marijuana policies.

280E
H.R.1855: Small Business Tax Equity Act of 2015
Introduced by: Rep. Earl Blumenauer (D-OR, 3rd District)
Last Action: Referred to House Committee on Ways and Means on April 16, 2015.
Summary: Amends the Internal Revenue Code by adding language at the end of Section 280E that would exempt a trade or business that conducts marijuana sales in compliance with state law from the prohibition against allowing business-related tax credits or deductions for expenditures in connection with trafficking in controlled substances.

S.987: Small Business Tax Equity Act of 2015
Introduced by: Sen. Ron Wyden (D-OR)
Last Action: Referred to Senate Committee on Finance on April 16, 2015.
Summary: This Senate bill is the companion to the H.R. 1855 described above. As such, the summary is the same.

STATES’ RIGHTS AND RESPONSIBILITIES
H.R.1940: Respect State Marijuana Laws Act of 2015
Introduced by: Rep. Dana Rohrabacher (R-CA, 48th District)
Last Action: Referred to the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on May 15, 2015.
Summary: Amends the Controlled Substances Act to provide that the provisions of the Act related to cannabis shall not apply to any person acting in compliance with state laws relating to the production, possession, distribution, dispensation, administration, or delivery of marijuana

CIVIL ASSET FORFEITURE
H.R.3518: Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act of 2015
Introduced by: Rep. Ted Lieu (D-CA, 33rd District)
Last Action: Referred to the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on October 5, 2015.
Summary: This bill would prevent the Drug Enforcement Administration (DEA) from using federal forfeiture funds to pay for its Domestic Cannabis Eradication/Suppression Program. Additionally, the bill would ban transferring property to federal, state or local agencies if that property “is used for any purpose pertaining to” the DEA’s marijuana eradication program.

MEDICAL CANNABIS
S.683: Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015
Introduced by: Sen. Cory Booker (D-NJ)
Last Action: Referred to Senate Committee on the Judiciary on March 10, 2015.
Summary: Amends the Controlled Substances Act (CSA) to provide that control and enforcement provisions of such Act relating to marijuana shall not apply to any person acting in compliance with state law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marijuana.
Transfers marijuana from schedule I to schedule II of the CSA.
Excludes “cannabidiol” from the definition of “marijuana” and defines it separately as the substance cannabidiol, as derived from marijuana or the synthetic formulation, that contains not greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis.
Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it provides or has provided financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marijuana-related legitimate business.
Provides depository institutions that provide financial services to a marijuana-related legitimate business protection under federal law from federal criminal prosecution or investigation, criminal penalties, and forfeiture of legal interest in collateral solely for providing financial services to such a business.
Directs The Department of Health and Human Services to terminate the Public Health Service interdisciplinary review process described in the guidance entitled “Guidance on Procedures for the Provision of marijuana for Medical Research” (issued on May 21, 1999), and also demands the Drug Enforcement Administration to issue at least three licenses under CSA registration requirements to manufacture marijuana and marijuana-derivatives for research approved by the Food and Drug Administration. Also directs the Department of Veterans Affairs (VA) to authorize VA health care providers to provide veterans with recommendations and opinions regarding participation in state marijuana programs.

H.R.1538: Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015
Introduced by: Rep. Steve Cohen (D, TN-9)
Last Action: Referred to the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on April 21, 2015.
Summary: This House bill is the companion to S. 683 described above. As such, the summary is the same.

In addition to these crucial pieces of legislation, there are other bills relating to cannabis that have been introduced to Congress on issues like CBD, a federal excise tax on cannabis, veterans’ access, and hemp. Cannabis advocates and NCIA members should continue to participate in NCIA’s events and lobbying efforts in addition to contacting their elected officials in order to see cannabis continue to progress in Washington, D.C. and on Capitol Hill.