A Democratic Senator has re-filed a bill intended to lay the foundation for federal marijuana legalization.
On Thursday, Sen. John Hickenlooper of Colorado introduced a bill titled Preparing Regulators for an Adult-Use Regulated Environment Act Post-Prohibition (PREPARE).
The incremental reform would require the attorney general create a panel to make recommendations for a cannabis regulatory system that is similar to what is currently in place with alcohol.
It is largely the same as a House companion that was filed in April by Reps. Dave Joyce, (R-OH), and House Minority leader Hakeem Jeffries, (D-NY), with some additions related to commission members and directives. It was first introduced in both chambers last session , but did not progress.
Hickenlooper said that Colorado, where he was governor when the voters approved the first recreational cannabis legalization measure in 2012 (which he had campaigned against), “is the ideal model for a well-regulated, safe marijuana market.”
He said, “Let us build on this success with federal regulations.”
This is what the Bill would achieve:
Within 30 days of the bill being enacted, the attorney general must establish a Commission on the Federal Regulation of Cannabis.
The commission will be responsible for studying the federal and state alcohol regulatory models and making recommendations on how to incorporate them into marijuana regulation.
The report of the commission must, among other things, examine the impact that marijuana criminalization has on minorities, low-income communities, and veterans.
The panel will also look at the “lacks of consistency in regulations for cannabis products safety, use, and labeling requirements,” as well as those that relate to youth safety. It will also examine “the lack of guidance on cannabis crop production, sales, intrastate and interstate trade.”
The report would need to include recommendations for how to overcome cannabis-related barriers to banking and research, as well as measures to ensure “successful cooperation between the hemp and cannabis industries including preventing cross-pollination.”
Members will also be required to make recommendations and study “efficient cannabis revenue collection and reporting, including efficient federal revenue frameworks that are tenable and efficient.”
The panel will be required to submit a report within 12 months to Congress.
Colorado has pioneered the legal cannabis market, and the PREPARE Act will set the foundation for federal legalization.
Americans are overwhelmingly in favor of legalizing marijuana – now is the time to give them what they want!
Senator John Hickenlooper July 20th, 2023
The bill was rewritten for the new Congress so that the commission had to also look at “requirements protecting youth and reducing harms to young people” as part its directive to evaluate the lack of consistency in safety standards of marijuana regulations.
Hickenlooper’s Senate version differs also from the current House Bill in that the commission is given an additional responsibility to suggest measures to “alleviate or remedy” any “disruptions of established State and Local regulatory systems regarding cannabis as a consequence of Federal regulation.”
The legislation, unlike the last Congress, now requires that the House Minority Leader appoints a member of the commission who is “an expert in the history and impact of cannabis criminalization on different communities, especially minorities, medical patient, and veterans.”
The majority leader will now be responsible for appointing a medical marijuana patient or advocate. This role is not included in the amended bill.
The Senate bill expands the House measure, adding an additional state and local marijuana regulators to the commission.
Members of the commission will also include:
- Department of Health and Human Services
- Department of Justice
- Department of Agriculture
- Department of Veterans Affairs
- Department of Interior
- Department of Education
- Department of Labor
- Department of Commerce
- National Institutes of Health
- Alcohol and Tobacco Tax and Trade Bureau
- Food and Drug Administration
- Internal Revenue Service
- Bureau of Alcohol, Tobacco, Firearms and Explosives
- National Highway Traffic Safety Administration
- Occupational Safety and Health Administration
- National Institute of Standards and Technology
- Small Business Administration
- U.S. Trade Representative
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The list would also include two people who worked on developing state-level regulations, as well as a former incarcerated person for a nonviolent cannabis possession or use crime.
The attorney general would make some of the appointments, while congressional leaders would make others. The bill stipulates that “if there is an imbalance in the number of members of the commission after it is appointed, the congressional leadership of the party with the fewer members shall jointly nominate additional members to achieve partisan parity.”
Supporters of the bill include Veterans Cannabis Coalition NORML, US Cannabis Council, Minorities for Medical Marijuana, National Cannabis Industry Association, Coalition for Cannabis Policy, Education and Regulation, and more.
Attorney General Merrick G. Garland has said repeatedly that he does not believe that the Justice Department should intervene in states where cannabis is legal.
In March, he said that the federal government “is still working on a cannabis policy” despite an ongoing administrative review of cannabis scheduling that was directed by President Joe Biden late last year.
This review is being led by the U.S. Department of Health and Human Services and the Drug Enforcement Administration. DEA Administrator Anne Milgram stated last week that , she would “keep an open-minded” in regards to the findings of the evidence and the decision on future scheduling.
HHS Secretary Xavier Becerra said to Marijuana Moment in June it was his hope that agencies of jurisdiction would be able complete their work before the end of the year, but that remains to be determined.
Text from the PREPARE Act:
Federal Health Officials Say Schedule I Status of Psychedelics Creates ‘Hurdles” to Studying Them
Photo by Mike Latimer.
The article Senator Files a Bill to Prepare for Federal Marijuana Legalization with Alcohol-Like Regulations first appeared on Marijuana Moment.
