Washington Congresswoman Suzan DelBene is sponsoring H.R. 3746, the State Marijuana and Regulatory Tolerance (SMART) Enforcement Act to protect medical patients, recreational consumers, and licensed businesses in states that have legalized marijuana. Under this proposal, the US federal Controlled Substances Act would be inapplicable with respect to states that have legalized and regulated marijuana in a manner that addresses key federal priorities, such as preventing the distribution of marijuana to minors, violence or use of firearms in cultivation and distribution of marijuana, and drugged driving.
Says the sponsor in a press release: “My bill will fix the conflict between state and federal law by giving the U.S. Attorney General authority to waive the Controlled Substances Act for states that are effectively regulating marijuana themselves, such as Washington. It also resolves the banking issues that currently force dispensaries to operate on an unsafe, all-cash basis. These waivers will ensure people in states that have different laws than the federal government on marijuana are protected from prosecution, provided they meet certain requirements, as more and more states work to regulate marijuana in their own borders.”
Says NORML Deputy Director Paul Armentano in a joint press release, “According to a recent Pew poll, an estimated 60 percent of Americans agree that the government should not enforce federal marijuana laws in states that allow use. The SMART Enforcement Act acknowledges this voter sentiment while also ensuring states are operating in a safe and responsible manner. Public sentiment and common sense are driving necessary and long overdue changes in state-level marijuana policies; America’s longstanding federalist principles demand that we permit these changes to evolve free from federal interference.”
It is time for federal lawmakers to cease ceding control of the marijuana market to untaxed criminal enterprises and allow state governments the opportunity to pursue alternative regulatory policies that comport with voters’ sentiments.
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National Organization for the Reform of Marijuana Laws – Advocacy Campaigns
