STATES Act

The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act (S. 3032) was a bill proposed in the 115th United States Congress that would recognize legalization of cannabis and the U.S. state laws that have legalized it through their legislatures or citizen initiative. It was introduced on June 7, 2018, by Senators Cory Gardner (Republican from Colorado) and Elizabeth Warren (Democrat from Massachusetts).^[1] A companion bill was introduced the same day in the House of Representatives, sponsored by Earl Blumenauer (Democrat from Oregon) and David Joyce (Republican from Ohio).^[2] The act would amend the Controlled Substances Act of 1970 to exempt from federal enforcement individuals or corporations in states who are in compliance with U.S. state, U.S. territory and the District of Columbia, or tribal law on cannabis, with certain additional provisions such as minimum ages.^[3][4] The banking provisions of the STATES Act have been reintroduced as the Secure and Fair Enforcement (SAFE) Banking Act of 2019 in the 116th U.S. Congress by Ed Perlmutter (Democrat from Colorado) in the House,^[5] and by Jeff Merkley (Democrat from Oregon) in the Senate.^[6] As of September 18, 2019^[update], the House bill had 206 cosponsors,^[7] and the Senate bill had 33 cosponsors.^[8]

History

According to Voice of America, "The impetus for the legislation was a decision by Attorney General Jeff Sessions in January to rescind Obama-era Justice Department guidelines that encouraged prosecutors to adopt a hands-off approach to marijuana law enforcement in states where the substance was legal", referring to the Cole Memorandum provisions rescinded on January 4, 2018.^[9]

On April 25, 2018, Senators Cory Gardner and Elizabeth Warren announced that they would introduce a bipartisan bill to prevent Federal interference with states that had legalized marijuana.^{[10][11][12][13]} The announcement came a few days after Senator Gardner spoke with President Trump and announced that he had received assurances that the President would support such legislation.^[14] As of late April, the details of the bill were unannounced but analysts said it "would not legalize cannabis nationally, but would allow each state the options of legalizing recreational or medical cannabis, or to continue to prohibit the plant entirely" and had announced the name of the bill.^[15][16]

On June 7, 2018, Warren introduced the bill in the U.S. Senate and Representative David Joyce introduced a companion bill in the U.S. House of Representatives. The Senate bill was referred to the Senate Judiciary Committee and the House bill was referred to the House Judiciary Committee and the House Energy and Commerce Committee.^[17][18] In December 2018, Gardner attempted to attach the bill as an amendment to the First Step Act, a criminal justice reform bill being debated in the Senate during the lame-duck session of the 115th U.S. Congress,^[19] but was blocked by a procedural maneuver from Senate Majority Leader Mitch McConnell.^[20]

The STATES Act was reintroduced in the 116th Congress on April 4, 2019, in both the House (H.R.2093) and the Senate (S.1028).^[21]

The STATES Act was reintroduced in the 118th Congress on December 7, 2023 as H.R. 6673, also called STATES 2.0.^[22][23][24]

Cosponsors and support

Senate

1. Sen. Elizabeth Warren (Democratic-MA; original sponsor)^[17]
2. Sen. Cory Gardner (Republican-CO; original cosponsor)^[17]
3. Sen. Rand Paul (Republican-KY; original cosponsor)^[17]
4. Sen. Catherine Cortez Masto (Democratic-NV; original cosponsor)^[17]
5. Sen. Lisa Murkowski (Republican-AK; original cosponsor)^[17]
6. Sen. Cory Booker (Democratic-NJ; original cosponsor; Senate Judiciary Committee Member)^[17]
7. Sen. Dan Sullivan (Republican-AK; original cosponsor)^[17]
8. Sen. Michael Bennet (Democratic-CO; original cosponsor)^[17]
9. Sen. Jeff Flake (Republican-AZ; cosponsored on June 18, 2018; Senate Judiciary Committee Member)^[17]
10. Sen. Amy Klobuchar (Democratic-MN; cosponsored on June 18, 2018; Senate Judiciary Committee Member)^[17]
11. Sen. Dianne Feinstein (Democratic-CA; cosponsored on September 12, 2018; Senate Judiciary Committee Ranking Member)^[17]

House

1. Rep. David Joyce (Republican OH-14; original sponsor)^[18]
2. Rep. Earl Blumenauer (Democratic OR-3; original cosponsor)^[18]
3. Rep. Carlos Curbelo (Republican FL-26; original cosponsor)^[18]
4. Rep. Jared Polis (Democratic CO-2; original cosponsor)^[18]
5. Rep. Ken Buck (Republican CO-4; original cosponsor; House Judiciary Committee Member)^[18]
6. Rep. Barbara Lee (Democratic CA-13; original cosponsor)^[18]
7. Rep. Walter B. Jones Jr. (Republican NC-3; original cosponsor)^[18]
8. Rep. Diana DeGette (Democratic CO-1; original cosponsor; House Energy and Commerce Committee Member)^[18]
9. Rep. Rod Blum (Republican IA-1; original cosponsor)^[18]
10. Rep. Steve Cohen (Democratic TN-9; original cosponsor; House Judiciary Committee Member)^[18]
11. Rep. Matt Gaetz (Republican FL-1; original cosponsor; House Judiciary Committee Member)^[18]
12. Del. Eleanor Holmes Norton (Democratic DC-AL; original cosponsor; non-voting member)^[18]
13. Rep. Tom McClintock (Republican CA-4; original cosponsor)^[18]
14. Rep. Lou Correa (Democratic CA-46; original cosponsor)^[18]
15. Rep. Jason Lewis (Republican MN-2; original cosponsor)^[18]
16. Rep. Ro Khanna (Democratic CA-17; original cosponsor)^[18]
17. Rep. Justin Amash (Republican MI-3; cosponsored on June 8, 2018)^[18]
18. Rep. Charlie Crist (Democratic FL-13; cosponsored on June 8, 2018)^[18]
19. Rep. Dana Rohrabacher (Republican CA-48; cosponsored on June 12, 2018)^[18]
20. Rep. Dina Titus (Democratic NV-1; cosponsored on June 12, 2018)^[18]
21. Rep. Mike Coffman (Republican CO-6; cosponsored on June 14, 2018)^[18]
22. Rep. Jacky Rosen (Democratic NV-3; cosponsored on June 14, 2018)^[18]
23. Rep. Thomas Massie (Republican KY-4; cosponsored on July 10, 2018)^[18]
24. Rep. Ed Perlmutter (Democratic CO-7; cosponsored on July 10, 2018)^[18]
25. Rep. Duncan D. Hunter (Republican CA-50; cosponsored on July 25, 2018)^[18]
26. Rep. Chellie Pingree (Democratic ME-1; cosponsored on July 25, 2018)^[18]
27. Rep. Raúl Labrador (Republican ID-1; cosponsored on August 10, 2018; House Judiciary Committee Member)^[18]
28. Rep. Tim Ryan (Democratic OH-13; cosponsored on August 10, 2018)^[18]
29. Rep. Ryan Costello (Republican PA-6; cosponsored on September 6, 2018; House Energy and Commerce Committee Member)^[18]
30. Rep. Suzanne Bonamici (Democratic OR-1; cosponsored on September 6, 2018)^[18]
31. Rep. Adam Smith (Democratic WA-9; cosponsored on December 10, 2018)^[18]
32. Del. Madeleine Bordallo (Democratic GU-AL; cosponsored on December 10, 2018; non-voting member)^[18]
33. Rep. Jim McGovern (Democratic MA-2; cosponsored on December 10, 2018)^[18]
34. Rep. Tulsi Gabbard (Democratic HI-2; cosponsored on December 10, 2018)^[18]
35. Rep. Suzan DelBene (Democratic WA-1; cosponsored on December 10, 2018)^[18]
36. Rep. Beto O'Rourke (Democratic TX-16; cosponsored on December 10, 2018)^[18]
37. Rep. Denny Heck (Democratic WA-10; cosponsored on December 10, 2018)^[18]
38. Rep. Jared Huffman (Democratic CA-2; cosponsored on December 11, 2018)^[18]
39. Rep. Brad Sherman (Democratic CA-30; cosponsored on December 11, 2018)^[18]
40. Rep. Zoe Lofgren (Democratic CA-19; cosponsored on December 11, 2018; House Judiciary Committee Member)^[18]
41. Rep. Peter DeFazio (Democratic OR-4; cosponsored on December 11, 2018)^[18]
42. Rep. Michelle Lujan Grisham (Democratic NM-1; cosponsored on December 12, 2018)^[18]
43. Rep. Darren Soto (Democratic FL-9; cosponsored on December 12, 2018)^[18]
44. Rep. Betty McCollum (Democratic MN-4; cosponsored on December 12, 2018)^[18]
45. Rep. Rick Nolan (Democratic MN-8; cosponsored on December 12, 2018)^[18]
46. Rep. Adam Schiff (Democratic CA-28; cosponsored on December 13, 2018)^[18]

State governors

1. Gov. Bill Walker (Independent-AK; signed letter of support on June 8, 2018)^[25]
2. Gov. Jerry Brown (Democratic-CA; signed letter of support on June 8, 2018)^[25]
3. Gov. John Hickenlooper (Democratic-CO; signed letter of support on June 8, 2018)^[25]
4. Gov. Larry Hogan (Republican-MD; signed letter of support on June 8, 2018)^[25]
5. Gov. Charlie Baker (Republican-MA; signed letter of support on June 8, 2018)^[25]
6. Gov. Brian Sandoval (Republican-NV; signed letter of support on June 8, 2018)^[25]
7. Gov. Phil Murphy (Democratic-NJ; signed letter of support on June 8, 2018)^[25]
8. Gov. Andrew Cuomo (Democratic-NY; signed letter of support on June 8, 2018)^[25]
9. Gov. Doug Burgum (Republican-ND; signed letter of support on June 8, 2018)^[25]
10. Gov. Kate Brown (Democratic-OR; signed letter of support on June 8, 2018)^[25]
11. Gov. Tom Wolf (Democratic-PA; signed letter of support on June 8, 2018)^[25]
12. Gov. Jay Inslee (Democratic-WA; signed letter of support on June 8, 2018)^[25]

Native American tribes

The Suquamish Tribe in Washington State, one of the first tribes with legal cannabis sales, indicated support for the bill.^[26]

Reactions

President Donald Trump said he "probably will end up supporting" the bill on June 8, 2018.^[27] The same day, twelve governors, from West Coast states that had legalized cannabis for adult use, plus Maryland, New Jersey, New York, North Dakota and Pennsylvania, sent a letter to Congress urging passage of the measure.^[28]

The Los Angeles Times's editorial board endorsed the proposal under a headline that said it was "kickstarting Congress' effort to legalize marijuana".^[29]

A spokesperson for the Marijuana Policy Project called the STATES Act "the most significant piece of marijuana-related legislation ever introduced in Congress."^[30]

Writing for Above the Law, a legal analysis website for attorneys, cannabis law specialist Hilary Bricken wrote that it was "for the first time ever, a real and legitimate bipartisan 'respect states' rights' effort" on "meaningful marijuana law reform at the Congressional level".^[31]

In testimony to the Senate Appropriations Committee on April 10, 2019, then-Attorney General William Barr said he preferred the legislation over the "intolerable" status quo of conflicting state and federal laws.^[32]

According to NORML political director Justin Strekal, as of 2019 the STATES Act is looking basic and dated compared to newer legislation that goes beyond carving out exceptions to prohibition to remove cannabis from the Controlled Substances Act entirely, take steps to repair prohibition's harms, forgive past criminal convictions, and build an equitable industry.^[33]

See also

• State legislation in protest of federal law in the United States § Cannabis laws
• SAFE Banking Act

References

1. Ali ROGIN (Jun 7, 2018), Senators announce bill to protect states' ability to make marijuana laws, ABC News
2. Colby Itkowitz (June 7, 2018), "Republican senator hopeful Trump will back bill to protect states' rights on marijuana", The Washington Post
3. Sabrina Eaton (June 7, 2018), "Rep. Dave Joyce introduces bill that would let states decide their own marijuana laws", The Plain Dealer, Cleveland
4. Bruce KENNEDY (June 7, 2018), With Trump's Support, STATES Act Could End Nationwide Cannabis Prohibition, Leafly
5. "Action - H.R.1595 - 116th Congress (2019–2020): SAFE Banking Act of 2019". www.congress.gov. Retrieved May 8, 2019.
6. "S.1200 - 116th Congress (2019–2020): Secure And Fair Enforcement Banking Act of 2019". www.congress.gov. 11 April 2019. Retrieved May 8, 2019.
7. "Cosponsors - H.R.1595 - 116th Congress (2019–2020): SAFE Banking Act of 2019". www.congress.gov. Retrieved May 8, 2019.
8. "Cosponsors - S.1200 - 116th Congress (2019–2020): Secure And Fair Enforcement Banking Act of 2019". www.congress.gov. 11 April 2019. Retrieved May 8, 2019.
9. Masood Farivar (June 7, 2018), Bill Would Let US States Enforce Own Marijuana Laws, Voice of America
10. Michael Walsh (April 25, 2018), Republican Sen. Cory Gardner to introduce cannabis bill for states' rights with Elizabeth Warren, Yahoo News
11. Ben Markus (April 25, 2018), Gardner To Bring Bipartisan Cannabis Bill To Senate Floor, Colorado Public Radio
12. Chloe Aiello (April 26, 2018), Elizabeth Warren and Cory Gardner team up for a bipartisan Senate bill to back states' rights on marijuana: Sen. Cory Gardner of Colorado told Yahoo News he met with Sen. Elizabeth Warren to discuss a bill to prevent the feds from meddling in state-controlled marijuana industries., CNBC
13. Jordan Graham (April 29, 2018), "Liz Warren has high hopes for pot bill", Boston Herald
14. Seung Min Kim (April 13, 2018), "Trump, Gardner strike deal on legalized marijuana, ending standoff over Justice nominees", The Washington Post
15. Chris Moore (April 26, 2018), Senators Elizabeth Warren and Cory Gardner Announce Cannabis States' Rights Bill, Merry Jane
16. Paul Danish (May 17, 2018), "Cory Gardner and politics as the art of the possible", Boulder Weekly
17. "Cosponsors - S.3032 - 115th Congress (2017-2018): STATES Act". www.congress.gov. 7 June 2018. Retrieved July 7, 2018.
18. "Cosponsors - H.R.6043 - 115th Congress (2017-2018): STATES Act". www.congress.gov. Retrieved July 7, 2018.
19. DeCosta-Klipa, Nik (December 17, 2018). "Elizabeth Warren's marijuana bill has majority support in the Senate, according to its co-sponsor". Boston.com. Retrieved December 18, 2018.
20. Staver, Anna (December 18, 2018). "Sen. Cory Gardner fails to get marijuana reform into criminal justice bill". The Denver Post. Digital First Media. Retrieved December 21, 2018.
21. "SAFE Banking Act Moves to Full House and STATES Act Reintroduced: Chances for Enactment Still Seem Slim". JD Supra. April 10, 2019.
22. Joana Scopel (December 7, 2023). "Congressman Dave Joyce Will Introduce Bill To Reclassify State-Legal Cannabis At Federal Level". Benzinga – via MSN.
23. Schroyer, John (December 11, 2023). "New federal cannabis legalization bill gives industry possible rallying point". Crain's Cleveland Business. The national U.S. marijuana industry might have a viable path to a federally approved coast-to-coast market, complete with interstate commerce, if a bipartisan bill introduced late last week in the House of Representatives gains traction in Congress.(subscription required)
24. H.R. 6673 Actions, congress.gov official website, accessed December 11, 2023
25. Dumcius, Gintautas (June 8, 2018). "Massachusetts Gov. Charlie Baker backs Sen. Elizabeth Warren's marijuana bill, urges Capitol Hill leaders to pass the legislation". MassLive.com. Advance Publications. Retrieved June 14, 2018.
26. "Trump will 'probably end up supporting' marijuana bill that helps tribes". indianz.com. Winnebago Tribe. June 12, 2018.
27. Em Steck (June 8, 2018), Marijuana efforts gain momentum in states, Congress, UPI
28. Paul Danish (June 14, 2018), "Marijuana reform comes to Congress — fast and furious", Boulder Weekly
29. The Times Editorial Board (June 16, 2018), "Thank you, Jeff Sessions, for inadvertently kickstarting Congress' effort to legalize marijuana", The Los Angeles Times
30. Mark K. Matthews; Brooke Staggs (June 7, 2018), "California's legalized marijuana would be federally lawful under bill introduced by Cory Gardner, Elizabeth Warren", The Orange County Register
31. Hilary Bricken (June 18, 2018). "ICYMI: Legitimate Marijuana Reform May Be On The Horizon For . . . Congress!". Above the Law.
32. Blair Miller (April 10, 2019). "AG William Barr indicates support for STATES Act marijuana bill, calls current system 'intolerable'". Denver: KMGH-TV.
33. "There's a Mess of Legalization Bills in Congress. Here's What Really Matters". 21 March 2019.

Further reading

• Dean M. Nickles, Federalism and State Marijuana Legislation, 91 Notre Dame L. Rev. 1253 (2016).
• Conor Friedersdorf (January 4, 2018), "The Superiority of a States' Rights Approach to Marijuana: The public wants it, and the Tenth Amendment demands it.", The Atlantic
• FAQ: What the STATES Act Would Do, and Why It's a Game-Changer, Leafly
• Robert Mikos (June 7, 2018), "Analysis of the Warren-Gardner STATES Act", Marijuana Law, Policy and Authority (blog), Vanderbilt Law School
• "Sens. Warren And Gardner On Why Marijuana Policy Should Be Left To States". WBUR. June 14, 2018. Retrieved July 12, 2018.
• Curren, Ben (August 1, 2018). "Bipartisan Bills Pave The Way For A Legal Cannabis Economy". Forbes. Retrieved August 2, 2018.
• Warren, Elizabeth (August 27, 2018). "Elizabeth Warren: Jeff Sessions Acted as "Catalyst" for Weed Legalization". Rolling Stone (Interview). Interviewed by Matt Laslo. Retrieved August 29, 2018.
• Birnbaum, Emily (August 29, 2018). "Warren: If Democrats take Senate, they'll vote on marijuana bill". The Hill. Retrieved August 30, 2018.
• Goodkind, Nicole (August 29, 2018). "Elizabeth Warren: Weed Bill Will Get Vote If Democrats Win Senate". Newsweek. Retrieved August 30, 2018.
• Gene Markin (October 11, 2018), "What You Need to Know About the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act", The National Law Review
• Murphy, Kevin (December 19, 2018). "How 2019's Nasty Political Battles Will Make It A Historic Year For Cannabis". Forbes. Retrieved December 21, 2018.
• Sullum, Jacob (February 2019). "If Even Utah Has Gone Soft on Pot, Can the Nation Be Far Behind?". Reason. Reason Foundation. Retrieved January 11, 2019.
• Mashayekhi, Rey (January 11, 2019). "Smoke and Mirrors: Massachusetts' Recreational Cannabis Industry Navigates Tricky Regulatory Terrain". Fortune. Meredith Corporation. Retrieved January 11, 2019.

External links

• Text of bill (via U.S. Congress official website)