Three Medical Marijuana Bills Filed in US Congress

Congress appears to be getting restless. It is quite usual for any bill relating to medical marijuana to reach to the national level, so it is extraordinary that three groundbreaking bills were introduced in Congress last week.

There is growing disenchantment over the Obama administration’s ongoing raids of dispensaries, despite the infamous 2009 pledge by his Justice Department to lay off people and businesses that comply with state law. Recent tactics have included threatening state employees with criminal prosecution for issuing licenses to medical marijuana dispensaries and related businesses.

The State’s Medical Marijuana Protection Act of 2011, HR 1983, was introduced by Rep. Barney Frank (D-MA). The purpose of this bill is to explicitly exempt citizens who comply with state medical marijuana laws from federal prosecution. (Can I get a hallelujah!) HR 1983 also seeks to reschedule marijuana classification, although it remains unclear as to which classification it would get moved to, as the text of the resolution has not yet been released.

“The time has come for the federal government to stop preempting states’ medical marijuana laws.” Frank said. “For the federal government to come in and supersede state law is a real mistake for those in pain for whom nothing else seems to work. This bill would block the federal prosecution of those patients who reside in those states that allow medical marijuana.”

In another move, Rep. Jered Polis (D-CO) introduced a resolution, The Small Business Banking Improvement Act of 2011 (HR 1984), to protect banks from federal fines or seizures for accepting deposits from marijuana related businesses. Currently banks are required to file a “suspicious activity” report on suspected marijuana transactions, which has caused most major banks to refuse to do business with MMJ dispensaries.

“When a small business, such as a medical marijuana dispensary, can’t access basic banking services, they either have to become cash only – and become the targets of crime – or they’ll end up out of business,” declared Polis. “In states that have legalized medical marijuana, and for businesses that have been state approved, it is simply wrong for the federal government to intrude and threaten banks that are involved in legal transactions.”

Finally, Rep. Pete Stark (D-CA) sponsored HR 1985, The Small Business Tax Equity Act of 2011, that would allow dispensaries to take the ordinary business deductions enjoyed by every other business. Currently the IRS position is that no expenses are deductible because marijuana is a controlled substance. This bill has bi-partisan support and is co-sponsored by republicans, Rep. Dana Rohrbacher (R-CA) and Rep. Ron Paul (R-TX), and democratic Reps. Frank and Polis.

“Our tax code undercuts legal medical marijuana dispensaries by preventing them from taking all the deductions allowed for other small business, said Stark. “While unfair to these small business owners, the tax code also punishes patients who rely on them for safe and reliable access to medical marijuana prescribed by a doctor. The Small Business Tax Equity Act would correct these shortcomings.”

“It is time to get the federal government out of state criminal matters, so states can determine sensible drug policy for themselves,” stated Ron Paul. “It is quite obvious the federal war on drugs is a disaster.”

Drug reform groups like Americans for Safe Access (ASA) applauded these congressional actions as a step in the right direction. “All of these bills will have a positive effect on hundreds of thousands of Americans and only a negligible impact on the rest of the country.” according to Stephen Sherer, executive director of ASA.

A new day is dawning. These bills mark a new direction in the Washington mindset regarding medical marijuana. Patients would be provided a level of protection that most could only dream about. If these bills get passed, it would remove the conflict that exists between state and federal law which has kept many cities from allowing medical marijuana dispensaries to operate in their communities. The end result would be greater access for thousands of patients.

Now is the time for patients and providers to demand their rights. Contact your representative and voice your support (or opposition) to HR 1983, 1984 and 1985. Go to the website www.yourelectedofficial.com to get the contact information for your local representatives. A few minutes effort could yield a lifetime of rewards.