A committee of the Arizona House has approved a bill that would authorize interstate marijuana trade, subject to a change in federal law.
The House Commerce Committee, after initially rejecting Rep. Justin Wilmeth’s (R) legislation in a split vote of 5-5 on Wednesday, reconsidered it later in the session, changing its mind and approving the measure, 6-4.
Arizona, if it is ultimately passed, would join three other West coast States–California Oregon Washington State that have already adopted laws to allow their governors to enter agreements to permit marijuana exports and imports between consenting states. All of these are primarily contingent upon federal law changing, or explicit guidance tolerating commerce.
Wilmeth, the chair of the committee, stated at the hearing that he was running the proposal because he is a strong believer in the interstate commerce. “My understanding is that if we do not do something similar before the federal government legalizes it, we will have to wait for a year or two to get our statute up to date with what the feds decide.”
They could legalize it in a week or 10 years. We don’t really know. The chairman stated that the purpose of running this bill in this year and at this time is to prepare so when the day comes, we will be ready and the marijuana industry will be successful. “That topic is certainly divisive.” Some people don’t like marijuana. I have never tried this. I’m not a fan either. This bill is not about that. “It is only about the commercial side of it.”
According to the Arizona Bill interstate cannabis commerce agreement would have to “ensure enforceable standards of public health and safety and include a tracking system for the interstate delivery and regulation of marijuana and marijuana-related products.”
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The Department of Health Services’ (DHS) head would have to inform the legislature of any changes in federal policy that meet the conditions of the bill.
California’s Interstate Commerce Law, which was enacted by 2022, provided greater flexibility. It allowed the governor to initiate import and export agreements as long as the state attorney general gave a legal opinion stating that there would be no significant risk of federal enforcement actions over the potential arrangements.
The California Attorney General’s Office of Rob Bonta (D) concluded in December , however, that it could never rule out a possible federal response.
Oregon was the state that passed legislation governing interstate marijuana trade in 2019. Washington State followed last year .
Last month, plaintiffs who were involved in a federal case concerning the cross-border trade of marijuana withdrew voluntarily their lawsuit against Oregon. They gave no explanation other than to say that “big changes are coming very soon on this front.”
Cannabis is legal in other states. They are considering similar legislation that would allow for cross-border trading.
New Jersey’s Senate President , for example, reintroduced a bill on interstate marijuana commerce last month. A legislative committee in Maine also rejected a similar bill. However, the chair of the committee said that the issue could be revisited by another means.
The federal government has not weighed in yet on the state-sanctioned marijuana trade between states, but U.S. attorney general Merrick Garland stated last year that Justice Department “is still working on a cannabis policy.”
The U.S. Department of Health and Human Services has recommended that marijuana be moved from Schedule I of the CSA to Schedule III. Meanwhile, the Drug Enforcement Administration is currently completing their review in order to make a final decision.
The reclassification of cannabis from Schedule III to Schedule III would have many policy implications . However, it is unclear what it would mean, if any, for the interstate commerce of cannabis, given that it will remain illegal at federal level, even if reclassified.
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Photo by Chris Wallis // Side Pocket Images.
The article Arizona Lawmakers approve bill to allow interstate marijuana commerce first appeared on Marijuana moment.
