[Congressional Record Volume 170, Number 6 (Thursday, January 11, 2024)]
[House]
[Pages H57-H58]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TIME TO END THE FAILED WAR ON DRUGS
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Oregon (Mr. Blumenauer) for 5 minutes.
Mr. BLUMENAUER. Mr. Speaker, I will enter in the Record my comments
that I would have made today.
Mr. Speaker, I am sad and I am angry.
I have been working for 50 years leading the effort to end the
failed, unfair, cynical, dangerous war on drugs that targeted Black
people, that discouraged the legal use of a therapeutic good, something
that could have enriched our economy, but instead criminalized
behavior, had unintended consequences, and continues to fail us today.
You have been reading comments lately about the problems we have in
terms of the use of cannabis for some pregnant women who are unaware of
the impact that that can have on a developing fetus. We are looking at
impacts on our children from a cannabis that is much more potent than
it used to be.
We don't have a system that regulates it, that taxes it, that keeps
it out of the hands of children. No neighborhood drug dealer looks for
identification, and they are perfectly happy to sell kids other, more
dangerous and potent drugs. We don't have to do this.
The House of Representatives has passed a number of items that would
remedy this situation. We passed the comprehensive MORE Act that would
put it on equal footing. Frankly, we have legislation that would stop
the unfair practice of taxing State-legal
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cannabis businesses two or three times higher than regular businesses.
No wonder they can't compete with the black market.
We have a situation now where the State-legal cannabis companies have
to pay their taxes with shopping bags full of $20 bills, because we
still deny them access to banking services. That is not just unfair; it
is insane. It promotes money laundering, and it inhibits the
opportunity of enterprises that are legal now for most Americans for
either medical or adult use.
It is time that the Federal Government get its act together and stop
making these problems worse. The Biden administration has taken some
halting, positive steps, pardoning people who didn't need to be caught
up in this in the first place, and they are looking at rescheduling
cannabis to make it easier to do the research, and it would overnight
end the unfair taxing situation. They would be able to deduct their
business expenses. How novel. It is time for Congress to stop making
this problem worse.
The Federal Government created the situation with the failed war on
drugs, unfair to millions of Americans, and denied an opportunity for
something that the American public has demonstrated time after time
they want to happen by their State votes legalizing it.
It is not too late for this Congress to take the legislation that we
have in the process to solve this problem, to be fair in the failed war
on drugs, be able to allow State-legal businesses to not be at a
disadvantage to the cartels and the cheaters, and get this right.
After 50 years, it is time to finally end the failed war on drugs and
be fair to the American people.
Let's reflect for a moment on the cost of our failure to act on the
critical cannabis reform proposals before this Congress.
Tens of millions of Americans have been trapped by the deplorable
failed war on drugs and archaic prohibition of marijuana.
While this prohibition has harmed Americans across the board, it has
not been enforced equally.
In every single state, Black people are more likely to be arrested
for marijuana possession than their white neighbors.
Black people are more than three times as likely than whites to be
arrested for marijuana possession, despite comparable usage rates.
The public finally recognizes this injustice.
Ending to this failed policy is more popular than ever before.
Seventy percent of Americans support legalizing marijuana, including
majorities of Republicans and Independents as well as Democrats.
It is states, led by my home state of Oregon, that have led the way
to end this prohibition.
Twenty-four states and multiple territories having legalized adult-
use marijuana.
Many of these states have worked valiantly to make these markets
accessible to those directly impacted, especially communities harmed in
the weaponization of marijuana prohibition.
They have invested in equity licensing structures, tax relief, and
more.
However, it is clear, that without a comprehensive federal framework
for legalization, these programs will continue to fall woefully short.
A state-by-state patchwork of legalization doesn't work.
To meaningfully address the harms facing our communities--
particularly Black and Brown Americans targeted in federal cannabis
prohibition--we must act on the critical proposals before this
Congress.
Obviously the MORE Act is the gold standard for comprehensive reform.
This critical legislation:
Deschedules marijuana;
Expunges prior convictions;
Implements a real federal tax structure for these products;
Makes SBA funds available to these small businesses; and
Invests in programs that minimize barriers to marijuana licensing and
employment for the individuals most adversely impacted by the failed
war on drugs.
The House has twice passed this legislation with bipartisan support.
It is devastating that the Senate has failed to act.
The SAFE Banking Act makes banking services available to regulated
marijuana businesses--denying the benefits that keep employees safe and
lower costs for vulnerable small businesses by getting cash off the
streets.
The Veterans Equal Access Act allows veterans to work with their
preferred providers to decide if medical marijuana is the right
treatment option for them instead of denying them their preferred
provider for care.
And, finally, perhaps most important for struggling cannabis
businesses is tax reform.
Under Section 280E of the federal tax code, marijuana businesses are
not able to deduct any business expenses from their federal taxes.
This exponentially increases their tax burden compared to other
regulated businesses.
My Small Business Tax Equity Act would end this inequity, making it
far more accessible for small businesses to enter the legal marijuana
markets and fairly compete with the illicit market.
While Congress considers these critical pieces of legislation,
President Biden has taken some action to address the ongoing harms of
criminalization.
In 2022, he issued thousands of pardons for simple federal marijuana
possession convictions and challenged governors across the country to
do the same for state convictions.
This past December, he expanded this relief to convictions in D.C.
and to those with federal convictions for attempted possession of
marijuana.
For the people eligible, these pardons are tremendously impactful--
restoring their rights to education and housing and so much more.
The Drug Enforcement Administration has also confirmed their
authority to deschedule marijuana.
Descheduling marijuana will allow full deduction of costs of
marijuana business.
Allowing these businesses to deduct their expenses as the tax code
was intended will help level the playing field for those who do not
have the benefit of existing dominance in the industry.
Descheduling is a vital, common-sense leap forward that will make the
federal government the partner our states and communities need to
address the ongoing harms of our failed cannabis policies.
Congress must act on the common-sense reforms to meaningfully end the
failed war on drugs and repair the harms caused by a state-by-state
patchwork of marijuana legalization.
It is past time for simple bipartisan reform.
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