National ATF: Until recreational cannabis is federally legalized, pot users cannot own guns

[billdeserthills]

I hope they legalize it and at least nominally tax it so the name other ATF will change to the BATFME . Everything under one roof .

Constitutionally speaking, since marijuana is not relegated to the Federal Gov't, it is a State's right and is already being taxed by the States

 

[bcp]

I hope they legalize it and at least nominally tax it so the name other ATF will change to the BATFME . Everything under one roof .

Reverse the last two letters. Now you can pronounce it. And laugh.
BATFEM

Bruce

 

[Flopsweat]

Reverse the last two letters. Now you can pronounce it. And laugh.
BATFEM

Bruce

 

[wired]

Constitutionally speaking, since marijuana is not relegated to the Federal Gov't, it is a State's right and is already being taxed by the States

If the Feds decide to deshedule it there isn't a chance in hell they won't want to tax it. Nothing constitutional about it. They pass a law and throw an excise tax on it.the exact same way they do alcohol and tobacco neither of which are "constitutionally relegated to the federal government" to tax . The federal agency responsible for licensing and administering the excise tax collection being the BATFE. The Congress has a boatload of courts approved and tested authority to impose excise taxes on just about everything.

Right now all they're proposing doing is making it on par with other medicinal drugs at Schedule III . Need a prescription etc.. Still not a states rights issue as the states are breaking federal law by allowing the sale of marijuana even now . The Feds just look the other way. It won't be any different if they change the schedule of marijuana. The states will still be breaking federal law by allowing sales of the drug without a prescription. Its no different than if the states allowed the over the counter sale of ketamine or anabolic steroids, which they don't because the DEA would be all up their yazoo if they did.

Ironically federal tax revenue may go down because of this. Currently Marijuana companies still have to pay federal income taxes they just cannot deduct expenses. After the rescheduling they will be able to operate interstate instead of ttheyway the do now which are as separate state sanctioned entities, they'll be allowed to fully access banking services and they will be able to deduct operating expenses. Unless the feds allow recreational use they cannot levy an excise tax which is the only way revenue would actually increase.

 

[billdeserthills]

18 US Senators File Federal Legislation to Legalize Marijuana and Enable Expungements

• By Anthony Martinelli in News

A coalition of 18 United States senators have filed legislation to deschedule and legalize marijuana.

Today, led by Senate Majority Leader Chuck Schumer, the Cannabis Administration and Opportunity Act (CAOA) was filed by Senators Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Michael Bennet (D-CO), Gary Peters (D-MI), Patty Murray (D-WA), Tina Smith (D-MN), Elizabeth Warren (D-MA), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Ed Markey (D-MA), Alex Padilla (D-CA), Raphael Warnock (D-GA), Peter Welch (D-VT), John Fetterman (D-PA), Laphonza Butler (D-CA).
The CAOA would require the US attorney general to finalize rules removing marijuana as a controlled substance within 180 days of the bill's passage. The measure would also place a 5% federal excise tax on marijuana producers that would increase to 12.5% by the fifth year, and it would establish the Center for Cannabis Products within the FDA, tasked with regulating "the production, labeling, distribution, sales and other manufacturing and retail elements of the cannabis industry".
"It's past time for the federal government to catch up to the attitudes of the American people when it comes to cannabis," said Leader Schumer. "That's why we're reintroducing the Cannabis Administration and Opportunity Act, legislation that would finally end the federal prohibition on cannabis while prioritizing safety, research, workers' rights and restorative justice. We have more work to do to address decades of over-criminalization, particularly in communities of color, but today's reintroduction shows the movement is growing, and I will keep working until we achieve meaningful change."
Under the CAOA states would have the authority to ban marijuana sales, but they could not prohibit interstate or interjurisdictional transportation of marijuana and marijuana products. The measure would also make it so that no one could be denied federal benefits for using or possessing marijuana, or if they've been previously convicted of a marijuana-related offense. Federal employment marijuana testing would also be banned in most instances.
"Our comprehensive Cannabis Administration and Opportunity Act doesn't tell states what to do—but it provides them with the tools to effectively implement the laws their voters and legislators choose," said Senate Finance Committee Chairman Ron Wyden (D-OR). "Public health, public safety, opportunity and social justice must be at the core of any cannabis reform proposal, and it's crucial stakeholders continue to have a seat at the table. I look forward to working with my colleagues and advocates across the country to make these priorities a reality."
The measure is almost a companion bill to the MORE Act, which was filed in the House of Representatives last April. That bill, having 87 sponsors, would also deschedule marijuana and establish a federal excise tax. Additionally, it would allow for marijuana expungements. However, unlike the CAOA, it would not legalize marijuana or set up a regulatory system.
Filing of the bill, which was initially planned for 4/20 but was delayed to allow time for addition cosponsors to join, comes just a day after the Biden Administration announced it's moving marijuana to Schedule III.

18 US Senators File Federal Legislation to Legalize Marijuana and Enable Expungements

A coalition of 18 United States senators have filed legislation to deschedule and legalize marijuana. Today, led by Senate Majority Leader Chuck Schumer, the Cannabis Administration and Opportunity Act (CAOA) was filed by Senators Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Michael Bennet...

themarijuanaherald.com

 

[Flopsweat]

18 US Senators File Federal Legislation to Legalize Marijuana and Enable Expungements

• By Anthony Martinelli in News

A coalition of 18 United States senators have filed legislation to deschedule and legalize marijuana.

Today, led by Senate Majority Leader Chuck Schumer, the Cannabis Administration and Opportunity Act (CAOA) was filed by Senators Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Michael Bennet (D-CO), Gary Peters (D-MI), Patty Murray (D-WA), Tina Smith (D-MN), Elizabeth Warren (D-MA), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Ed Markey (D-MA), Alex Padilla (D-CA), Raphael Warnock (D-GA), Peter Welch (D-VT), John Fetterman (D-PA), Laphonza Butler (D-CA).
The CAOA would require the US attorney general to finalize rules removing marijuana as a controlled substance within 180 days of the bill's passage. The measure would also place a 5% federal excise tax on marijuana producers that would increase to 12.5% by the fifth year, and it would establish the Center for Cannabis Products within the FDA, tasked with regulating "the production, labeling, distribution, sales and other manufacturing and retail elements of the cannabis industry".
"It's past time for the federal government to catch up to the attitudes of the American people when it comes to cannabis," said Leader Schumer. "That's why we're reintroducing the Cannabis Administration and Opportunity Act, legislation that would finally end the federal prohibition on cannabis while prioritizing safety, research, workers' rights and restorative justice. We have more work to do to address decades of over-criminalization, particularly in communities of color, but today's reintroduction shows the movement is growing, and I will keep working until we achieve meaningful change."
Under the CAOA states would have the authority to ban marijuana sales, but they could not prohibit interstate or interjurisdictional transportation of marijuana and marijuana products. The measure would also make it so that no one could be denied federal benefits for using or possessing marijuana, or if they've been previously convicted of a marijuana-related offense. Federal employment marijuana testing would also be banned in most instances.
"Our comprehensive Cannabis Administration and Opportunity Act doesn't tell states what to do—but it provides them with the tools to effectively implement the laws their voters and legislators choose," said Senate Finance Committee Chairman Ron Wyden (D-OR). "Public health, public safety, opportunity and social justice must be at the core of any cannabis reform proposal, and it's crucial stakeholders continue to have a seat at the table. I look forward to working with my colleagues and advocates across the country to make these priorities a reality."
The measure is almost a companion bill to the MORE Act, which was filed in the House of Representatives last April. That bill, having 87 sponsors, would also deschedule marijuana and establish a federal excise tax. Additionally, it would allow for marijuana expungements. However, unlike the CAOA, it would not legalize marijuana or set up a regulatory system.
Filing of the bill, which was initially planned for 4/20 but was delayed to allow time for addition cosponsors to join, comes just a day after the Biden Administration announced it's moving marijuana to Schedule III.

18 US Senators File Federal Legislation to Legalize Marijuana and Enable Expungements

A coalition of 18 United States senators have filed legislation to deschedule and legalize marijuana. Today, led by Senate Majority Leader Chuck Schumer, the Cannabis Administration and Opportunity Act (CAOA) was filed by Senators Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Michael Bennet...

themarijuanaherald.com

Good idea.

 

[BrentN]

Constitutionally speaking, since marijuana is not relegated to the Federal Gov't, it is a State's right and is already being taxed by the States

Agree. Feds sticking their noses where it doesn't belong. Not in their wheelhouse but too much money and power to be had by getting involved. "Legalize it and tax it!" Sure, check out WA state tax rate of 37%, generating a half billion dollars in revenue last year. Where did that half billion go?

Marijuana tax -

The state of Washington collects a single 37% excise tax on the sale of recreational marijuana. A portion of that revenue is returned to cities and

www.cityofvancouver.us

Well, doesn't that just warm your heart?

 

[wired]

Agree. Feds sticking their noses where it doesn't belong. Not in their wheelhouse but too much money and power to be had by getting involved. "Legalize it and tax it!" Sure, check out WA state tax rate of 37%, generating a half billion dollars in revenue last year. Where did that half billion go?

Marijuana tax -

The state of Washington collects a single 37% excise tax on the sale of recreational marijuana. A portion of that revenue is returned to cities and

www.cityofvancouver.us

Well, doesn't that just warm your heart?

You can agree all you want but a crapload of court precedent argues otherwise.

 

[BrentN]

18 US Senators File Federal Legislation to Legalize Marijuana and Enable Expungements

• By Anthony Martinelli in News

A coalition of 18 United States senators have filed legislation to deschedule and legalize marijuana.

Today, led by Senate Majority Leader Chuck Schumer, the Cannabis Administration and Opportunity Act (CAOA) was filed by Senators Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Michael Bennet (D-CO), Gary Peters (D-MI), Patty Murray (D-WA), Tina Smith (D-MN), Elizabeth Warren (D-MA), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Ed Markey (D-MA), Alex Padilla (D-CA), Raphael Warnock (D-GA), Peter Welch (D-VT), John Fetterman (D-PA), Laphonza Butler (D-CA).
The CAOA would require the US attorney general to finalize rules removing marijuana as a controlled substance within 180 days of the bill's passage. The measure would also place a 5% federal excise tax on marijuana producers that would increase to 12.5% by the fifth year, and it would establish the Center for Cannabis Products within the FDA, tasked with regulating "the production, labeling, distribution, sales and other manufacturing and retail elements of the cannabis industry".
"It's past time for the federal government to catch up to the attitudes of the American people when it comes to cannabis," said Leader Schumer. "That's why we're reintroducing the Cannabis Administration and Opportunity Act, legislation that would finally end the federal prohibition on cannabis while prioritizing safety, research, workers' rights and restorative justice. We have more work to do to address decades of over-criminalization, particularly in communities of color, but today's reintroduction shows the movement is growing, and I will keep working until we achieve meaningful change."
Under the CAOA states would have the authority to ban marijuana sales, but they could not prohibit interstate or interjurisdictional transportation of marijuana and marijuana products. The measure would also make it so that no one could be denied federal benefits for using or possessing marijuana, or if they've been previously convicted of a marijuana-related offense. Federal employment marijuana testing would also be banned in most instances.
"Our comprehensive Cannabis Administration and Opportunity Act doesn't tell states what to do—but it provides them with the tools to effectively implement the laws their voters and legislators choose," said Senate Finance Committee Chairman Ron Wyden (D-OR). "Public health, public safety, opportunity and social justice must be at the core of any cannabis reform proposal, and it's crucial stakeholders continue to have a seat at the table. I look forward to working with my colleagues and advocates across the country to make these priorities a reality."
The measure is almost a companion bill to the MORE Act, which was filed in the House of Representatives last April. That bill, having 87 sponsors, would also deschedule marijuana and establish a federal excise tax. Additionally, it would allow for marijuana expungements. However, unlike the CAOA, it would not legalize marijuana or set up a regulatory system.
Filing of the bill, which was initially planned for 4/20 but was delayed to allow time for addition cosponsors to join, comes just a day after the Biden Administration announced it's moving marijuana to Schedule III.

18 US Senators File Federal Legislation to Legalize Marijuana and Enable Expungements

A coalition of 18 United States senators have filed legislation to deschedule and legalize marijuana. Today, led by Senate Majority Leader Chuck Schumer, the Cannabis Administration and Opportunity Act (CAOA) was filed by Senators Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Michael Bennet...

themarijuanaherald.com

Not a fan of any of that; more govt agency, taxes, oversight. Schumer and the rest of that list are dirtbags, the words they say are not to be trusted. No way in heck do I believe any of that "Public health, public safety, opportunity and social justice must be at the core...." schtick. Let me guess, the roll-out date will be early November.... These crooks used to at least try to hide the ace up their sleeve. Let's not forget the reasons that decriminalizing drugs failed in Portland; 1) The rosy promises of all the great things that were going to happen with the newly generated taxes did not materialize, and 2) Associated crimes went unchecked.
Imagine Schumer saying something like: "We have decided to take pot of the schedule 1, and will leave any further regulations to the states. Period."

 

[BrentN]

You can agree all you want but a crapload of court precedent argues otherwise.

Wait- are you telling me there are court decisions I might disagree with?

 

[Flopsweat]

Wait- are you telling me there are court decisions I might disagree with?

The federal government has no business in half the stuff they regulate. "Interstate commerce" my asz.

 

[wired]

Wait- are you telling me there are court decisions I might disagree with?

Believe it or not yeah but what makes those decisions important is they get entered into the federal register and your opinion doesn't .

 

[BrentN]

Believe it or not yeah but what makes those decisions important is they get entered into the federal register and your opinion doesn't .

With an out of control bloated Fed, yes- my, our, and many opinions continue to become less important. I am watching "We The People" becoming "The Wee People".

 

[wired]

With an out of control bloated Fed, yes- my, our, and many opinions continue to become less important. I am watching "We The People" becoming "The Wee People".

I hear it all time. I love the constitution except everything about the parts I don't like .

 

[Flopsweat]

I hear it all time. I love the constitution except everything about the parts I don't like .

I don't think that's what he's saying. The federal government was never meant to be what it is today. The Constitution was intended to stop them from assuming all this power that they now have.

 

[wired]

I don't think that's what he's saying. The federal government was never meant to be what it is today. The Constitution was intended to stop them from assuming all this power that they now have.

The reason we went from the old constitution to the new constitution is because the old state centric constitution didn't work. That ship sailed in 1789. What we have now is a constitution that favors the federal government and it is the opinions of the courts that matter when questions of constitutionality come up . I have opinions, you have opinions, everyone has opinions but at the end of the day it's 9 people in robes who have the opinions that matter

 

[Flopsweat]

The reason we went from the old constitution to the new constitution is because the old state centric constitution didn't work. That ship sailed in 1789. What we have now is a constitution that favors the federal government and it is the opinions of the courts that matter when questions of constitutionality come up . I have opinions, you have opinions, everyone has opinions but at the end of the day it's 9 people in robes who have the opinions that matter

The federal government's opinion is and has been that my opinion is wrong. Got it.

 

[wired]

View attachment 1876508

The federal government's opinion is and has been that my opinion is wrong. Got it.

Well, yeah

 

[lucusloc]

Not a fan of any of that; more govt agency, taxes, oversight. Schumer and the rest of that list are dirtbags, the words they say are not to be trusted. No way in heck do I believe any of that "Public health, public safety, opportunity and social justice must be at the core...." schtick. Let me guess, the roll-out date will be early November.... These crooks used to at least try to hide the ace up their sleeve. Let's not forget the reasons that decriminalizing drugs failed in Portland; 1) The rosy promises of all the great things that were going to happen with the newly generated taxes did not materialize, and 2) Associated crimes went unchecked.
Imagine Schumer saying something like: "We have decided to take pot of the schedule 1, and will leave any further regulations to the states. Period."

Let's not forget that the "experiment" in Portland was two-pronged. It was not just decriminalization of drugs. It was also a tacit decriminalization of actual criminal activity in general. Everything from vagrancy to theft and property destruction. The drugs just fueled the criminal element in their crime spree, but we would have seen much the same results if drugs had not been one of the prongs in the attack, as we can clearly see from other instances of such lawlessness that is not accompanied by drug decriminalization.

I am a strong proponent of drug decriminalization. But with that also comes being a strong proponent of personal responsibility. If you do something stupid while on drugs I see that as no reason to give someone a pass, and they should be charged just the same as if they did the deed stone cold sober. I don't care what the deed is, from petty theft to driving to homicide. If you don't want to get in trouble for actions you did while out of your mind then don't do things that put you out of your mind.

That is not the standard Portland uses with their decriminalization efforts. Addicts get a free pass for bad behavior as the addiction is seen as a disability and therefor the action that stem from it are given the same pass. But it has the same result as any other of the reasons given for creating a revolving door of criminal activity, be it "social justice" "economic considerations" or whatever other excuse they can think of to let the criminals go.

Basically the problem is not the drug policy, it is the decision to let criminal activity go unpunished.

(now all this is not to say I would not include a healthy addiction recovery program with any decriminalization efforts, but that would be modeled on the AA pattern, which is an existing substance abuse issue that no one seems to have any problem handling in a non-criminal way (at least for the abuse itself).

 

[Flopsweat]

Well, yeah

I used to be like you. I felt that anyone who disagreed with the courts was wrong. As I grew older, I found that courts are not only not infallible, but that important justices, appointed by politicians, are anything but impartial. They are appointed in hopes that they will render judgements in a particular direction. Take a look at the Supreme Court. These are supposed to be the finest judges in all of America, but over half of them find very predictably along political lines. So when I tell you that the federal government is out of control, I don't care what some court has said about it. I'm telling you that it is out of control.