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MARIJUANA MOMENT

ARIZONA LAWMAKERS APPROVE BILL TO ALLOW INTERSTATE MARIJUANA COMMERCE


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POLITICS


ARIZONA LAWMAKERS APPROVE BILL TO ALLOW INTERSTATE MARIJUANA COMMERCE

Published

3 hours ago

on

February 14, 2024

By

Kyle Jaeger

An Arizona House committee has approved a bill to authorize interstate marijuana
commerce, pending a change in federal policy.

After initially rejecting the legislation from Rep. Justin Wilmeth (R) in a
split 5-5 vote on Wednesday, the House Commerce Committee reconsidered the
measure later in the meeting, reversing course and approving it, 6-4.

If ultimately enacted, Arizona would be joining three other West coast
states—California, Oregon and Washington State—that have already adopted laws
allowing their governors to enter into agreements to permit marijuana imports
and exports between consenting jurisdictions, all of which are principally
contingent on federal law changing or guidance explicitly tolerating the
commerce.

Petition to decriminalize marijuana in Dallas

Petition to decriminalize marijuana in Dallas
If passed, the "Dallas Freedom Act" would also prohibit the city from allocating
any budgeted resources for THC concentration tests. The act has support from the
Dallas Democratic Party and at least one local justice of the peace.
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“The reason I’m running this is because I’m a big believer in interstate
commerce,” Wilmeth, who chairs the committee, said at the hearing. “And my
understanding is, if we don’t do something like this before the feds legalize
it, then we would have to wait a year, maybe two years, for our statute to catch
up to whatever the feds do.”

“They could legalize it next week or in 10 years. We really don’t know. But the
point of me running this bill this year, this moment, is to be prepared so that
when it does come, we can go off to the races and our marijuana industry can be
be successful and beneficial in every way possible,” the chairman said.
“Obviously, that topic is divisive. Some people don’t like marijuana. I’ve never
used this stuff. I don’t care for it either. But that’s not the question of this
bill today. It is merely about the commercial commerce side of it.”



Under the Arizona bill, interstate cannabis commerce agreements would need to
“ensure enforceable public health and safety standards and include a system to
regulate and track the interstate delivery of marijuana and marijuana products.”

—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—



The head of the Department of Health Services (DHS) would be required to notify
the legislature if federal policy changes in a way that meets the bill’s
conditions for implementation.

California’s interstate commerce law that was enacted in 2022 provided more
flexibility, allowing the governor to initiate the import and export agreements
if the state attorney general issued a legal opinion saying there would be
insignificant risk of federal enforcement action over the potential
arrangements.



However, California Attorney General Rob Bonta’s (D) office ultimately concluded
last December that it could not rule out that possible federal response.

Oregon was the first state to enact interstate marijuana commerce legislation in
2019, followed by Washington State last year.

Meanwhile, last month plaintiffs in a federal court case centered on
cross-border marijuana trade voluntarily withdrew their lawsuit against the
state of Oregon, providing no public explanation for the move beyond saying that
“big things are coming on this front very soon.”



Other states where cannabis is legal have considered passing similar legislation
to allow cross-border trade.

For example, New Jersey’s Senate president reintroduced an interstate marijuana
commerce bill last month. And a legislative committee in Maine rejected similar
legislation, but the chair said the matter could be revisited through another
vehicle.

While the federal government hasn’t weighed in on state-sanctioned interstate
marijuana commerce, U.S. Attorney General Merrick Garland said last year that
the Justice Department is “still working on a marijuana policy.”

To that end, the U.S. Department of Health and Human Services (HHS) has
recommended moving marijuana from Schedule I to Schedule III of the CSA, and the
Drug Enforcement Administration (DEA) is in the process of completing its review
before making a final determination.



Moving cannabis to Schedule III could have a wide range of policy impacts, but
it’s unclear what, if anything, it would mean for the possibility of interstate
cannabis commerce given that marijuana would remain federally illegal even if
it’s reclassified.

> South Dakota Governor Signs Bill Requiring Medical Marijuana Patients To
> Acknowledge Federal Gun Ban



Photo courtesy of Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.

Related Topics:featured

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Kyle Jaeger


Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.



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