Cole memo appears most likely
Merrick Garland, President Biden’s Attorney General pick, has reiterated in written testimony to several senators that he does not feel the DOJ should be using its resources to prosecute people who are acting within the cannabis laws of their state. The Senate Judiciary Committee approved his confirmation on Monday. “I do not think it the best use of the Department’s limited resources to pursue prosecutions of those who are complying with the laws in states that have legalized and are effectively regulating marijuana.” That view is consistent with policies during the Obama administration known as the Cole memorandum, which was rescinded by AG Jeff Sessions. Cannabis advocates want more than just a Cole memo, but it would have numerous benefits for cannabis companies to be treated more like other businesses.
Also, in a fundraising email last week, Senate Majority Leader Chuck Schumer (D-NY) laid out what he called “Democrats’ bold agenda for change this year.” He had comments on Cannabis “Next is criminal justice reform—and voters agree. Voters in four more states this election voted to legalize adult recreational use of marijuana, and that proves once again it’s past time to work to undo the harm done by misplaced priorities, particularly in Black and brown communities. It’s time to decriminalize marijuana nationally.” Last month, he Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) would release a draft bill to end federal marijuana prohibition “in the early part of this year.” While it’s not clear what the draft Senate marijuana reform proposal will entail, or when it will be released, Schumer said lawmakers are in the process of merging various pieces of existing legislation.
Lots of speculation that something will happen in early March, but what form will it take?
VS IS #16
Virginia is the 16th U.S. state to pass an adult-use marijuana legalization law, though sales would not start until 2024. Only two other states (Illinois and Vermont) have passed legislation to legalize, tax and regulate recreational marijuana through the legislature. The move puts pressure on neighboring states such as Maryland, where an adult-use legalization bill got its first hearing this month. New Jersey also recently enacted legalization, after voters overwhelmingly backed a referendum in November. Democratic Gov. Ralph Northam has championed legalization as a racial justice issue. Under the compromise legislation, marijuana possession would not become legal until January 2024, when regulated sales are scheduled to start. The state would start setting up a marijuana regulatory agency this July.
TX is moving in the right direction
According to @TXMJPolocy, Texans’ support for legalizing marijuana has grown significantly over the past decade. 60% of state voters now back making cannabis legal “for any use,” compared to just 42% back in 2010. In the most recent poll, supporters include 28% who say marijuana should be legal in “any amount” for any use and another 32% who say only “small amounts” should be allowed. An additional 28% want medical cannabis legalized, while 13% want prohibition maintained across the board.
