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The long-expected move by Senate Democrats to legalize cannabis use nationwide has finally begun as Senate Majority Leader Chuck Schumer (D-NY) on Thursday introduced the Cannabis Administration and Opportunity Act. If enacted, it would bring an end to federal prohibitions on marijuana in a move that would also clear a path for radio stations to begin airing cannabis ads without the fear of reprisal from the Federal Communications Commission.
In the 38 states where marijuana has been decriminalized, most broadcasters have continued to reject cannabis ads fearing federal laws would be used by the FCC to either fine a station or put its licenses at risk. The Commission has never explicitly said that was a possibility, however, instead using its noncommittal to avoid weighing into a potentially controversial issue.
Schumer’s bill, which he drafted with Senators Ron Wyden (D-OR) and Cory Booker (D-NY), does propose some limits on cannabis ads designed to limit the use of marijuana by people under the age of 21. Similar to how alcohol ads are voluntarily steered away from media outlets with a larger number of younger listeners, the bill would prohibit advertising cannabis products to anyone under 21.The Secretary of Health and Human Services would have two years after the bill became law to draft the ad rules.
The proposed legislation would also provide funding for a national public service media campaign geared toward preventing and reducing underage cannabis use. The Secretary of Health and Human Services and the National Highway Traffic Safety Administration would work together to spread the message about the negative consequences of underage use and cannabis-impaired driving. No specific media is listed, but the bill directs the agencies to use “multiple media sources” in a way “that is culturally- and linguistically-appropriate.”
Schumer called the bill a “catalyst for change” in a series of Twitter posts. “I say that it is past time to end the federal cannabis prohibition. And the bill we’re introducing today will update our cannabis laws and help reverse decades of harm inflicted by the War on Drugs, especially on communities of color,” he said.
Bipartisan Opposition
Yet even as the bill was welcomed by marijuana legalization activists, its prospects of becoming law seem slim. A headcount by Politico says there are not the 60 votes needed to pass the bill, with opposition from both sides of the aisle as well as from some senators who represent states where cannabis has been legalized. For instance, Senator John Tester (D-MT) has said he supports his state’s legalization but still thinks the federal law should remain on the books. President Biden has also said he does not support federal cannabis legalization.
A Pew Research survey last year found that more than 90% of U.S. adults think marijuana should be legal for medical and recreational use. But election year politics could overpower that, since the bill would also expunge cannabis-related criminal convictions, opening supporters to the much-feared “soft on crime” campaign attack.
But the U.S. Cannabis Council says it is only a matter of time before federal law will change. “The introduction of comprehensive cannabis reform legislation in the Senate, by none less than the Majority Leader himself, is the strongest sign yet that cannabis prohibition in America is nearing its end,” it said in a statement.
Another Path Forward
The Senate will have another opportunity to clear the way for cannabis ads on radio and television in the near-term. By a 220 to 207 vote on Wednesday, the House approved a series of budget bills that would create what amounts to a one-year moratorium on any FCC action against stations that air the ads as long as cannabis has been legalized in the state or jurisdiction in which the station is licensed.
The budget bill would prevent the FCC from using any money to deny a license renewal or a station sale application as punishment for airing advertising for cannabis or cannabis-derived products. The bill would also prohibit the FCC from requiring an early license renewal application to be filed by a station for taking those ads. And the FCC would be prohibited from issuing fines.
The bills have been sent to the Senate for approval, where broadcast lobbyists tell Inside Radio that they expect several senators to oppose the liberalization of drug advertising rules.
The Senate Subcommittee on Criminal Justice and Counterterrorism has scheduled a hearing for next week (July 26) on marijuana decriminalization.
FOR IMMEDIATE RELEASE:
July 19, 2022
CONTACT:Andy Eichar, (202) 834-4543
REP. JEFFRIES STATEMENT ON HOUSE PASSAGE OF BIPARTISAN RESPECT FOR MARRIAGE ACT
WASHINGTON, DC – Today, Rep. Hakeem Jeffries (NY-08), Chairman of the House Democratic Caucus and a member of the Judiciary Committee, voted to pass H.R. 8404, the Respect for Marriage Act, bipartisan legislation to enshrine and protect marriage equality for same-sex and interracial couples. Rep. Jeffries was instrumental in drafting the legislative language to protect the marriage rights of interracial couples.
Earlier this year, when the Court overturned the right to an abortion in Dobbs v. Jackson Women’s Health Organization, Justice Clarence Thomas wrote in a concurring opinion that they “should reconsider all of this Court's substantive due process precedents.”
“Love does not discriminate and neither should the law. During more enlightened times, the Supreme court righted injustices and gave interracial and same-sex couples the freedom to marry who they love,” said Rep. Jeffries. “Those rights are now at risk because of the out-of-control, radical, right-wing Supreme Court majority. Through spurious legal theory and illogic, Clarence Thomas may think that these rights are now up for grabs, but today a bipartisan coalition led by House Democrats stood up and put people over politics by passing this legislation to protect marriage equality for same-sex and interracial couples.”
*****In the 1967 Loving v. Virginia decision, the Supreme Court ended all race-based restrictions on marriage and found laws that ban them violated both the "Due Process and Equal Protection Clauses of the 14th Amendment."
In 2015, the Court held that same-sex couples had a right to marry guaranteed by both of the "Same Clauses of the 14th Amendment."
In 1973, in the Roe v. Wade decision, the Court held that the "Due Process Clause of the 14th Amendment" provided a right to privacy which granted women a right to an abortion, which has subsequently been overturned.
Specifically, the Respect for Marriage Act will:
Introduced by Judiciary Committee Chairman Jerry Nadler, the Respect for Marriage Act is co-led by Rep. Jeffries along with Equality Caucus co-chairs Rep. Sharice Davids (D-KS), Rep. Mondaire Jones (D-NY), Rep. Sean Patrick Maloney (D-NY), Rep. Mark Pocan (D-WI), Rep. Mark Takano (D-CA), Rep. Angie Craig (D-MN), Rep. Chris Pappas (D-NH) and Rep. Ritchie Torres (D-NY); Congressional Black Caucus Chairwoman Joyce Beatty (D-OH), Congressional Hispanic Caucus Chairman Rep. Raul Ruiz (D-CA) and Congressional Asian Pacific American Caucus Chairwoman Rep. Judy Chu (D-CA).
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U.S. Representative Hakeem Jeffries (NY-08) is the Chairman of the House Democratic Caucus. He sits on the Judiciary and Budget Committees and proudly represents New York’s 8th Congressional District, including parts of Brooklyn and Queens in the House of Representatives.
FOR IMMEDIATE RELEASE: July 7, 2022CONTACT: Nelly Decker, (202) 226-5181 Following Fourth of July Shooting in Highland Park, Chairwoman Maloney Invites Gun CEOs to Testify at Hearing Committee Demands Compliance in Investigation into Gun Manufacturers’ Sales and Marketing of AR-15-Style Weapons and Similar Firearms |
Washington, D.C. (July 7, 2022)—Rep. Carolyn B. Maloney, Chairwoman of the Committee on Oversight and Reform, sent letters to the CEOs of gun manufacturers Daniel Defense, LLC, Smith & Wesson Brands, Inc., and Sturm, Ruger & Company, Inc., requesting their appearance at a Committee hearing on Wednesday, July 20, 2022, on the urgent issue of gun violence. The hearing follows the Committee’s June 8, 2022, hearing where witnesses shared their personal experiences with gun violence, including the mass shootings in Uvalde, Texas and Buffalo, New York. “I am deeply troubled that gun manufacturers continue to profit from the sale of weapons of war, including AR-15-style assault rifles that were used by a white supremacist to murder ten people in Buffalo, New York, and in the massacre of 19 children and two teachers in Uvalde, Texas,” wrote Chairwoman Maloney. “Just this Monday, as Americans celebrated our nation’s Independence Day, a shooter used an AR-15-style rifle to kill at least seven people and wound dozens of others during a Fourth of July parade in Highland Park, Illinois. Products sold by your company have been used for decades to carry out homicides and even mass murders, yet your company has continued to market assault weapons to civilians.” On May 26, 2022, the Committee launched an investigation into gun manufacturers responsible for selling assault weapons to civilians across the United States. The Committee sent letters to Daniel Defense, LLC, Smith & Wesson Brands, Inc., Sturm, Ruger & Company, Inc., and other manufacturers seeking information on their sale and marketing of AR-15-style semiautomatic rifles and similar firearms, including revenue and profit information, internal data on deaths or injuries caused by firearms they manufacture, and marketing and promotional materials. The Committee is continuing to gather financial and marketing information from these companies regarding their sale of weapons of war in the United States—including the assault weapons used in the recent mass murders in Highland Park and Uvalde. The Committee requested that the CEOs confirm their participation in the hearing by July 8, 2022. Click here to read the letter to Daniel Defense. Click here to read the letter to Smith & Wesson Brands. Click here to read the letter to Sturm, Ruger & Company. ### |