{"id":1308,"date":"2021-09-23T13:00:44","date_gmt":"2021-09-23T13:00:44","guid":{"rendered":"http:\/\/CBMic2h0dHBzOi8vd3d3Lm1hcmlqdWFuYW1vbWVudC5uZXQvZmJpLWNsYXJpZmllcy10aGF0LXVzaW5nLW1hcmlqdWFuYS1tb3JlLXRoYW4tMjQtdGltZXMtZGlzcXVhbGlmaWVzLXdvdWxkLWJlLWFnZW50cy_SAQA"},"modified":"2021-09-23T13:00:44","modified_gmt":"2021-09-23T13:00:44","slug":"fbi-clarifies-that-using-marijuana-more-than-24-times-disqualifies-would-be-agents-marijuana-moment","status":"publish","type":"post","link":"https:\/\/thcinct.com\/?p=1308","title":{"rendered":"FBI Clarifies That Using Marijuana More Than 24 Times Disqualifies Would-Be Agents – Marijuana Moment"},"content":{"rendered":"

The U.S. House of Representatives on Thursday approved a large-scale defense spending bill that includes an amendment to shield banks that works with state-legal marijuana businesses<\/a> from being penalized by federal regulators. Now advocates and industry stakeholders are left wondering: what\u2019s the fate of the reform in the Senate? And can it make it to the president\u2019s desk?<\/p>\n

New comments from Sen. Cory Booker (D-NJ)\u2014who\u2019s helping lead the charge to advance comprehensive marijuana legalization and who has been severely critical of efforts to enact banking reform first\u2014signal that the path to pass the incremental policy change through the National Defense Authorization Act (NDAA) could be in jeopardy in the Senate. Other key senators have also expressed skepticism about the reform\u2019s prospects through this process.<\/p>\n

For supporters, things may have been more simple if the Senate had moved to include cannabis banking reform in its own version, but the text of NDAA released<\/a> by Senate Armed Services Committee on Wednesday does not contain that language. That means the matter will need to be settled in a bicameral conference committee after the full Senate formally passes its bill. At that point, negotiators from both chambers will work to resolve differences between their separate proposals.<\/p>\n

Already, there\u2019s pushback from key senators to including the Secure and Fair Enforcement (SAFE) Banking Act in the NDAA that\u2019s ultimately sent to President Joe Biden. That\u2019s not especially surprising considering that leadership, including Senate Majority Leader Chuck Schumer (D-NY), has insisted on passing comprehensive justice-focused marijuana legalization first rather than advance an incremental reform on banking. But recent statements do raise questions about the prospects of enacting the reform through the defense bill.<\/p>\n

It\u2019s not that the SAFE Banking Act is partisan or especially controversial on its face; it\u2019s a matter of legislative priorities for certain senators and a question of germaneness in NDAA. As of Tuesday, when the reform amendment was officially attached to the House version of the bill, it has now passed five times in the chamber, usually along largely bipartisan lines.<\/p>\n

Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, spoke with Marijuana Moment about the process<\/a> moving forward in a phone interview on Wednesday. He was optimistic about the measure\u2019s prospects with NDAA as the vehicle, though he conceded that he hadn\u2019t spoken with Schumer or other key senators who are actively finalizing legalization legislation that they hope to see move first.<\/p>\n

\u201cI think the fifth time is the charm,\u201d he said. \u201cI mean, obviously, we still have to do some work to make sure that it remains part of the NDAA as the House and the Senate go to conference. So we still have work to do with the Senate to make sure that it remains part of it. But I think that it will.\u201d<\/p>\n

\u201cI mean, the fact that it deals with cartels and national security, on top of the need for the public safety piece of this thing, I think that we\u2019ll be able to convince the conference committee and the conferees generally to keep it in,\u201d he said. \u201cBut we still have work to do.\u201d<\/p>\n

\u2014
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong>
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\u2014<\/strong><\/p>\n

Some advocates have expressed support for enacting the achievable banking policy change while working to build support for more comprehensive reform.<\/p>\n

\u201cEnactment of the SAFE Banking Act would improve public safety and business efficiency in the 36 states that currently permit some form of retail marijuana sales,\u201d NORML Political Director Justin Strekal said. \u201cThe Senate should ensure this provision remains in the final version of this funding package and enact it swiftly.\u201d<\/p>\n

\u201cThe SAFE Banking Act is only the first step toward making sure that state-legal marijuana markets operate safely and efficiently,\u201d he said. \u201cThe sad reality is that those who own or patronize these currently unbanked businesses would still be recognized as criminals in the eyes of the federal government and by federal law. This situation can only be rectified by removing marijuana from the list of controlled substances.\u201d<\/p>\n

Schumer and certain other senators, meanwhile, have insisted the banking issue should be tackled by holistically ending marijuana prohibition. They argue that it is inappropriate to pass what is seen as an industry-focused reform that helps businesses and investors while leaving unaddressed the harms of decades of racially disparate prohibition enforcement that should be addressed with equity-focused legalization.<\/p>\n

Booker, who is helping Schumer alongside Senate Finance Committee Chairman Ron Wyden (D-OR) to produce a final legalization bill has said he would proactively work to block any senators who attempt to get marijuana banking reform passed<\/a> before enacting social justice-focused legalization legislation.<\/p>\n

And Booker told Politico on Wednesday that cannabis banking is \u201csomething that should not be included\u201d in NDAA.<\/p>\n

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Senate likes to send NDAA amendments to a vote by unanimous consent. If one senator raises an objection to an NDAA Amendment, it can kill or stall it. Booker wouldn\u2019t discuss his plans but said has \u201ca lot of options as an individual senator\u201d should the amendment be proposed.<\/p>\n

\u2014 Natalie Fertig (@natsfert) September 22, 2021<\/a><\/p>\n<\/blockquote>\n

\u201cIt undermines the ability to get comprehensive marijuana reform and the kind of things that are harder to get done like expungement of people\u2019s records,\u201d he said, echoing a point that Schumer made in an interview with Marijuana Moment<\/a> in April. And a spokesperson for the majority leader affirmed that his position has not changed in light of the House development.<\/p>\n

Should a senator propose a floor amendment to the chamber\u2019s version of the defense bill to incorporate SAFE Banking, Booker left open the possibility of standing in its way.<\/p>\n

Sen. Jeff Merkley (D-OR), sponsor of the standalone Senate version of the SAFE Banking Act, also declined to say whether he would push to attach the reform to NDAA and told<\/a> Politico he\u2019d \u201clove to see if we can even do the more comprehensive [reform]\u2014that\u2019d be even better.\u201d<\/p>\n

Senate Armed Services Committee Chairman Jack Reed (D-RI), meanwhile, told<\/a> Roll Call that the issue hasn\u2019t been discussed by members of his panel. And bipartisan supporters of the reform\u2014including Sens. Brian Schatz (D-HI) and Rand Paul (R-KY)\u2014told the outlet they weren\u2019t certain that the Senate would pursue marijuana banking through NDAA.<\/p>\n

Schatz also said that Senate Minority Leader Mitch McConnell (R-KY) \u201cdoesn\u2019t like\u201d the marijuana banking proposal, and so \u201che\u2019s going to have to consult with the Republicans in his conference who are in favor of this reform, but so far he\u2019s been blocking it.\u201d<\/p>\n

Based on these comments, it seems increasingly clear that the effort to enact SAFE Banking through the must-pass defense bill faces a tough road ahead. And despite bipartisan support for the proposal on its own, it\u2019s an open question as to whether the negotiators in committees of jurisdiction will be able to reach a consensus.<\/p>\n

At an initial meeting of the House Rules Committee about NDAA on Monday, House Armed Services Committee Chairman Adam Smith (D-WA), who is managing the bill for the chamber, acknowledged that while some members might consider certain amendments \u201csuperfluous\u201d to defense spending matters, the annual legislation has been used as a vehicle to advance non-germane legislation in the past. He added, though, that doing so has historically required the issues at hand to have broad bipartisan support in order to survive the House-Senate conference committee process.<\/p>\n

He didn\u2019t specifically cite the cannabis banking proposal, but Perlmutter himself said earlier in the hearing that \u201cwhether something is superfluous is always in the eyes of the beholder,\u201d signaling that he feels his measure\u2019s germaneness in this context is up for interpretation.<\/p>\n

Smith said that \u201cwhatever superfluous items the Rules Committee decides to put in order and get attached to this bill, we go to conference, and in conference, we work in a bipartisan fashion.\u201d<\/p>\n

But beyond Smith and Reed, it will also be up to leading members of key committees that handle banking issues to decide whether the measure gets a ride to the president\u2019s desk in NDAA.<\/p>\n

\u201cWe\u2019re not going to pull one over on anybody here. We\u2019re going to have to work with committees of jurisdiction\u2014not just the chairs, but the ranking members as well\u2014to come to some agreement on those before we go forward,\u201d he said. \u201cSo if you see an item that you consider to be superfluous being added to the bill, don\u2019t freak out.\u201d<\/p>\n

The chair\u2019s comments about needing support from leaders of committees of jurisdiction raise questions about whether the amendment stands a chance in conference with the Senate following House approval. Not only did House Financial Services Committee Ranking Member Patrick McHenry (R-NC) vote against the standalone SAFE Banking Act this year and in 2019, but on the Senate side, even Banking Committee Chairman Sherrod Brown (D-OH) has been generally unenthusiastic about advancing the reform<\/a>.<\/p>\n

On the flip side, House Finance Services Committee Chairwoman Maxine Waters (D-CA) is a supporter of the banking reform and brought it through her panel last Congress. Senate Banking Committee Ranking Member Pat Toomey (R-PA), for his part, has previously voiced support for advancing the SAFE Banking Act<\/a>.<\/p>\n

Perlmutter has said that he appreciates that Senate leadership is pushing for a more comprehensive end to federal marijuana prohibition\u2014and he agrees with Booker that promoting social equity is an important objective\u2014but he feels the SAFE Banking Act is urgently needed<\/a> to address public safety issues resulting from the industry\u2019s lack of access to traditional financial institutions.<\/p>\n

Some of the strongest proponents for broad reform like Rep. Earl Blumenauer (D-OR) voted in favor of the SAFE Banking Act in April despite the body yet having taken up a legalization measure this session.<\/p>\n

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FBI Clarifies That Using Marijuana More Than 24 Times Disqualifies Would-Be Agents<\/a><\/p>\n<\/blockquote>\n

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Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.<\/p>\n

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The U.S. House of Representatives on Thursday approved a large-scale defense spending bill that includes an amendment to shield banks that works with state-legal marijuana businesses from being penalized by federal regulators. Now advocates and industry stakeholders are left wondering: what\u2019s the fate of the reform in the Senate? And can it make it to the president\u2019s desk? New comments from Sen. Cory Booker (D-NJ)\u2014who\u2019s helping lead the charge to advance comprehensive marijuana legalization and who has been severely critical of efforts to enact banking reform first\u2014signal that the path to pass the incremental policy change through the National Defense… <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-1308","post","type-post","status-publish","format-standard","hentry","category-connecticut-cbd-news"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/1308","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1308"}],"version-history":[{"count":0,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/1308\/revisions"}],"wp:attachment":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1308"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1308"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1308"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}