Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Mr. WYDEN. Mr. President, today I am introducing the Marijuana Advertising In Legal States Act to allow small businesses and newspapers in States that have legalized marijuana to advertise marijuana products.

In the last few years, voters in Oregon, Washington, Colorado and Alaska overwhelmingly approved initiatives to legalize the adult use and sale of marijuana. Additionally, 23 States, the District of Columbia and Guam have legalized full medical marijuana programs, and 17 more States have approved more limited medical marijuana programs. In many of these States, State-approved dispensaries are up and running, bringing the industry out of the shadows of the black market and creating a safe, regulated system in much of America.

Despite passage of these state laws, marijuana remains stuck in the past as a Schedule I substance according to the Federal Controlled Substances Act, CSA. This designation means it is a felony to distribute, possess or consume it. Recognizing this discrepancy, the Obama administration issued a memorandum in 2013 which held: so long as certain enforcement criteria were met, Federal law enforcement entities would not interfere with legal state marijuana activity. Congress then followed suit and barred the Department of Justice from expending resources in contravention of state medical marijuana laws.

However, since marijuana is designated as a Schedule I substance, according to Federal law it is still unlawful for anyone to place an advertisement for marijuana, including a medical marijuana product, in any newspaper, magazine, handbill or other publication, even if that activity is legal under State law. This creates a legally conflicted reality in States, like Oregon, where marijuana is legal for those marijuana businesses that seek to advertise in local newspapers, as well as for the many newspapers around the country that rely on advertising revenue.

Further complicating the matter, the United States Postal Service, USPS, recently declared that it is illegal to mail any items, including newspapers, which contain advertisements offering to buy or sell marijuana, even if the marijuana-related activity is in compliance with a state law. The USPS stated that if it uncovers any items deemed to be ``non-mailable,'' it would report the item to the Postal Inspection Service, which would refer it to a law enforcement agency for investigation. Despite the 2013 Obama administration memo indicating Federal law enforcement would not interfere, these businesses are concerned. Small businesses and community newspapers rely on the USPS to reach their customers, especially in rural areas. The USPS policy could have the effect of stopping all written marijuana advertisements in states that have already made the decision to legalize marijuana, which would be a blow to newspapers and small businesses that are already struggling financially.

My proposal would create a narrow exception in CSA to allow for the written advertisement of an activity, involving marijuana, if it is in compliance with State law.

I am pleased to be joined on this bill by my colleague from Oregon Senator Jeff Merkley who has worked closely with me over the years to ensure that the decision that Oregon voters made at the polls is respected by the Federal Government.

2504

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Marijuana Advertising in Legal States Act of 2016'' or the ``MAILS Act''. SEC. 2. AMENDMENT.

Section 403(c)(1) of the Controlled Substances Act (21 U.S.C. 843(c)(1)) is amended by adding at the end the following: ``This paragraph does not apply to an advertisement to the extent that the advertisement relates to an activity, involving marihuana, that is in compliance with the law of the State in which that activity takes place.''. ______

By Mr. LEAHY (for himself, Mr. Franken, Mr. Blumenthal, Mr. Durbin, and Mr. Whitehouse):

S. 2506. A bill to restore statutory rights to the people of the United States from forced arbitration; to the Committee on the Judiciary.

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