Will U.S. Senate protect states that have legalized marijuana?

By Jonathan D. Salant

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WASHINGTON — A U.S. senator from Colorado, where cannabis is legal, is using the debate on criminal justice legislation to try to prevent the federal government from enforcing its ban on marijuana in states that have legalized the drug for medical or personal use.

Republican U.S. Sen. Cory Gardner proposed an amendment to the criminal justice bill that would leave it up to the states rather than the federal government to decide whether to legalize or ban cannabis.

“I am all for helping those that have paid their debt to society, but there are many for whom there should be no debt,” Gardner said Tuesday on the Senate floor. “This amendment at this time recognizes that you shouldn’t go to federal prison for following state law. That, in its essence, is sentencing reform."

New Jersey is considering legalizing marijuana for personal use, though the state Legislature won’t vote on the issue until next year. Medical marijuana was legalized in New Jersey in 2010. 

Gardner is one of the sponsors of the Strengthening the Tenth Amendment Through Entrusting States, or STATES Act, which was introduced in June. President Donald Trump indicated that he would support such a measure.

It remains to be seen whether the Gardner amendment will come up for a vote on the Senate floor as lawmakers race to pass the criminal justice measure before going home for the holidays.

“This is a moving target,” said U.S. Sen. Cory Booker, D-N.J., a co-sponsor of the criminal justice legislation. “Literally, every 10 minutes I’m hearing a different version, There’s deals being worked out right now.”

Gardner said he amendment would pass if permitted a vote.

“I know that this amendment has the support from this body on both sides of the aisle to fix this conflict and allow the states to make their own decisions without the heavy hand of Washington telling them what to do,” Gardner said.

Morgan Fox, a spokesman for the National Cannabis Industry Association, welcomed the debate over the amendment.

“Ending cannabis prohibition is a key facet of meaningful long-term criminal justice reform, so it is certainly appropriate in this context,” he said. “I’m not sure this the right vehicle for it politically, but I hope the amendment is at least discussed, and of course it would be great to have it included in the final language given the level of support for the bill in Congress and the administration.”