The MJ Decriminalization bill Chuck unveiled today is only in draft form and they will be taking comments on it during the next six weeks before putting out the final bill
There are a number of possible options for modifications that may make it more palatable for some of those Senators who are sitting on the fence
There are varying degrees of decriminalization, and it makes sense to start with the most liberal option in the first draft of the bill to allow room for negotiation to a more conservative interpretation in the finalized version
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The spectrum of decriminalization legislation covers the following possibilities:
1) Complete removal of MJ from The Schedule of Controlled Substances (first draft of Chuck’s bill released today)
2) Exemption of MJ from the Schedule of Controlled Substances in those states where MJ has been legalized (Elizabeth Warren’s STATES ACT)
MJ would still technically remain a Schedule I substance, but in MJ-legal states it would be treated as if it were completely removed from the schedule, thereby opening up banking and solving the 280E taxation issue
There’s a nice explanation of the STATES ACT here:
Federal government would not interfere in any MJ-legal states (still Schedule I without any exemption) + provisions for banking and taxation (this is where the exemption language would come into play)
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The 3rd option would undoubtedly garner the most votes
The 2nd option, Elizabeth Warren’s STATES Act, would certainly have a better chance of passing the Senate than Chuck’s current bill language, and it may be the most realistic option for passage on the table right now
It would be absolutely fantastic to get any version of MJ Decriminalization + MJ/Hemp/CBD Banking
That being said, regardless of what occurs with decriminalization, the legalization of all forms of cannabis banking via The SAFE Banking Act of 2021 as a standalone bill appears to be the main fallback option — we want the whole enchilada, of course, but SAFE Banking in and of itself would certainly be a great consolation prize
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