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Marijuana Federally Legal in 2015?

2/25/2015

Two bills that could legalize cannabis at the federal have been introduced into congress by U.S. Representatives Jared Polis (D-CO) and Earl Blumenauer (D-OR). These bills would establish regulation of cannabis similar to alcohol, and would also put on federal excise tax on recreational cannabis while leaving states to choose their own side.
HR1013 the Regulate Marijuana Like Alcohol Act would remove cannabis from the scheduling of the controlled substances act while transitioning oversight of marihuana from the Drug Enforcement Agency (DEA) to the Bureau of alcohol, tobacco, firearms, and explosives. This would also provide a safety nets for individual states, freeing them from intervention by federal agencies.
HR1014 the Marijuana Tax Revenue Act of 2015 would establish a federal excise tax on the non-medical sales of cannabis as well as an occupational tax for marijuana businesses. HR1014 will also provide civil and criminal penalties for those who fail to comply with federal regulations. The federal excise tax would begin at 10%, rising as the black market is phased out to a cap of 25%.
HR1013 & HR1014 have been assigned to a congressional committee on February 20, 2015, which will consider it before possibly sending it on to the House or Senate as a whole.
Currently 23 states have medical marihuana laws in place, while 4 states including the District of Columbia have legalized recreational cannabis; 11 more states have passed legislation for low THC strains to be used for some medical conditions. The laws are always changing and there currently other legislation being debated such as Maryland who decriminalized last year, and is now looking to pass regulation and taxation.

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The Cannabis War: In For a Blazing Finish

2/24/2015

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Two bills to legalize, tax and regulate cannabis in a manner similar to alcohol have been introduced to the Maryland legislature. These bills are being sponsored by more than 40 lawmakers.
Introduced by Curt Anderson (D-Baltimore City) and 30 co-sponsors, House Bill 911, the Marijuana Control and Revenue Act of 2015; and companion bill, Senate Bill 531, introduced by Sen. Jamie Raskin D-Montgomery County) with nine co-sponsors Could legalize cannabis for adults. If the proposed legislation passes, adults 21 years of age and older would be permitted to possess up to one ounce of marihuana and grow up to six plants in their home.
The Maryland Comptroller would be required to establish the rules and regulations for cultivation, manufacturing, retail, and safety compliance, setting the framework for legal cannabis within the state. An oversight commission will also be established to monitor the cannabis industry and advise the comptroller on regulatory issues. Grow facilities and retail locations will not be permitted to operate within 1000 feet of a school. Other regulations may be enforced based on local decision. Public use of cannabis, and driving under the influence of marijuana would remain illegal under this legislation.
House Bill 911 is scheduled for hearing before the House Judiciary Committee on Tuesday, February 24th, at 1:00 pm. Senate Bill 531 Is scheduled for hearing before the Senate Judicial Proceedings Committee on Wednesday. March 4th, at 1:00 pm.
Last year Maryland voted to decriminalize cannabis possession up to ten grams, as well as passing medical marihuana legalization. These moves come at an important time as we are seeing a federal case in the Sacremento Division of the United States District Courts unfold.
Judge Kimberly J. Mueller of the Sacramento Division of the United States District Court for the Eastern District of California recently made some comments in court that signal her preparation to declare the schedule 1 narcotic classification of cannabis unconstitutional.
In a hearing on Wednesday, February 13th, Judge Mueller indicated that she is seriously considering the merits of the defense’s position and stated to prosecutors, “If I were persuaded by the defense’s argument, if I bought their argument, what would you lose here?”
Assistant US Attorney Gregory Broderick, a prosecutor in this case, had argued that Congress, rather than a judge, should determine whether marijuana belongs classified in Schedule 1. He did however stopped short of arguing that it does, “We’re not saying that this is the most dangerous drug in the world. All we’re saying is that the evidence is such that reasonable people could disagree.” Broderick cited the men’s status as firearms owners as evidence that their marijuana grow operation was not for medical use, although many business owners purchase firearms to protect their merchandise. He said, “They had weapons. These guys were not producing medicine.”
Broderick was to admit in comments cited by The Leaf Online, “If Congress heard all the testimony you have heard in this hearing, they may very well decide not to put marijuana in Schedule I.” However, he stood firm in his argument that Judge Mueller lacked the authority to rule on the issue, stating it should fall in the hands of Congress instead.
The Leaf Online‘s Jeremy Daw wrote, “Judge Mueller, who has already scheduled nearly a week of court time to the hearing, did not give any indication of sympathy to [Broderick's] position,” noting that she did appear to give some pause to the notion that “Broderick’s argument that even if she could properly hear the case, the ultimate outcome is irrelevant” had “more credence.”
Judge Mueller informed that she would consider the motion to drop the charges and issue a written ruling within 30 days.

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