Ron Wyden Joins Booker Bill

Senator Ron Wyden (D-Ore.) recently announced that he is co-sponsoring the Marijuana Justice Act of 2017 (“the Booker Bill”), a bill previously introduced by New Jersey Senator Cory Booker.  The Booker Bill seeks to decriminalize marijuana across the nation and penalizes states with high arrest and incarceration rates with respect to marijuana related crimes.  The Booker Bill also seeks to establish a “Community Reinvestment Fund”, a fund comprised of monies not provided to states in violation of the disproportionate arrest rates.  The Community Reinvestment Fund will be used to provide funds to “reinvest in communities most affected by the war on drugs” and includes grants for job training, public libraries, community centers and other programs designed to enhance the community.  The Booker Bill proposes spending at least $500,000,000 for each fiscal year.

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Senator Corey Booker (D-NJ) and Senator Ron Wyden (D-Ore.)

Senator Wyden joined Senator Booker on a Facebook Live video to discuss the thrust of Bill and his co-sponsorship.  His position echoed Senator Booker’s, which was that both Senators viewed the Booker Bill as a vehicle to combat the disproportionate impact of the war on drugs on minority communities.

The Booker Bill is not likely to succeed.  Senator Wyden is only the second co-sponsor, after the Booker Bill was originally proposed in August of 2017.  Similar bills seeking major marijuana reform have not gained much traction.  Nevertheless, efforts such as those by Senators Booker and Wyden begin a national conversation on the issue of cannabis reform.

The Booker Bill will not likely have any material impact on New Jersey’s push to legalize recreational adult use cannabis.  We will provide updates if the Booker Bill gains additional co-sponsors.

Attorney General Sessions and Marijuana Laws

Attorney General Jeff Sessions, the nation’s top law enforcement officer, is an outspoken critic of marijuana.  How Attorney General Sessions approaches marijuana, both medical and recreational, has the power to shape, enhance or destroy the industry.  One of the core issues for legal marijuana businesses is the federal illegality of marijuana: state legalization does not change the Controlled Substances Act, 21 U.S.C. 13, which still classifies marijuana as a Schedule I controlled substance.  The conflict between states where marijuana is legal and the federal laws criminalizing marijuana creates a legitimate federalism concern.

Portrait of Attorney General Jeff Sessions.

Before Attorney General Sessions was appointed, marijuana businesses could rely on some limited federal guidance.   Former Obama Administration Deputy Attorney General James M. Cole issued a memorandum to all U.S. Attorneys on August 29, 2013 (the “Cole Memorandum”) explaining the Department of Justice’s (“DOJ”) position on the limited scenarios where federal law enforcement should enforce federal marijuana laws, which primarily address the availability and/or provision of marijuana to children and the diversion of marijuana across state lines.  Soon thereafter, the Department of the Treasury Financial Crimes Enforcement Network issued a memorandum to financial institutions about their role in marijuana businesses (the “FinCEN Memorandum”) which, for all intents and purposes, adopted the positions taken by the DOJ as set forth the Cole Memorandum.

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